Being injured in a car accident is always a traumatic experience, but when a drunk driver causes that crash, the situation can be even more frustrating and overwhelming. Drunk driving accidents in Rhode Island often lead to serious injuries, financial hardship, and emotional distress. Victims face not only the burden of recovery but also the legal complexities of dealing with insurance claims and seeking fair compensation.
If you or a loved one has been injured by a drunk driver, you have legal rights and options to pursue compensation for your damages. Taking the right steps immediately after the accident can strengthen your case and improve your chances of receiving the compensation you deserve. This guide outlines what to do after a drunk driving accident in Rhode Island and how to protect yourself legally and financially.
1. Call 911 And Seek Medical Attention Right Away
One of the first and most critical steps after an accident is calling 911 to report the accident. Reporting the crash to law enforcement ensures that there’s an official record of what happened. If the other driver is intoxicated, the police report will include crucial details, such as field sobriety test results and potential DUI charges, which can strengthen your injury claim.
Even if you feel fine or your injuries seem minor, get medical attention as soon as possible. Some injuries, like internal trauma, whiplash, or concussion, may not show symptoms right away but can worsen over time. Medical records are essential evidence for proving the extent of your injuries and securing compensation.
2. Gather Information At The Scene Of The Accident
If you’re physically able and it is safe to do so, collect as much information as possible at the accident scene. These details can be vital for insurance claims and legal proceedings:
- The drunk driver’s name, contact details, driver’s license number, and insurance information
- Vehicle details, including make, model, color, and registration number
- Police report number (you can ask the responding officer for this)
- Photos of vehicle or property damage, any visible injuries, and accident scene (skid marks, traffic signs, road conditions, etc.)
- Witness statements and contact information
Do not engage with the intoxicated driver beyond obtaining essential details. If they appear aggressive or incoherent, remain at a safe distance and wait for law enforcement to handle the situation.
3. Keep Track Of Your Injury And Treatment
A strong injury claim relies on solid documentation. Keep detailed records of:
- Doctor visits and medical treatments
- Prescriptions and medical bills
- Therapies and rehabilitation programs
- Pain levels and physical limitations in a daily journal
This documentation is crucial when calculating compensation for medical expenses, pain and suffering, and lost wages. Without proper records, the insurance company may challenge the severity of your injuries and attempt to reduce your compensation.
4. Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Even if the drunk driver was at fault, your uninsured/underinsured motorist (UM/UIM) coverage may help cover damages if they lack sufficient insurance.
When speaking with your insurer:
- Stick to facts only—do not admit fault or speculate about injuries.
- Review your policy coverage to understand your options for compensation.
Failure to notify your insurance company in a timely manner could complicate your claim.
5. Don’t Talk To The Drunk Driver’s Insurance Company Without Help
Remember, the drunk driver’s insurance company is not on your side. Their adjusters may try to minimize your claim or offer a lowball settlement that doesn’t fully cover your damages. Before speaking with them:
- Consult with a personal injury lawyer who can help you understand your rights and protect your interests.
- Do not sign any settlement offers or agree to recorded statements without legal advice.
- Understand that early settlements often fail to account for long-term medical expenses and lost wages.
Let your attorney handle all negotiations to ensure you receive fair compensation for your injuries.
6. Contact A Rhode Island Personal Injury Lawyer
An experienced Rhode Island personal injury lawyer can be your best advocate when dealing with the complexities of a drunk driving injury claim. Legal representation can help:
- Gather crucial evidence, including police reports, witness statements, and medical records.
- Negotiate with insurance companies to secure a fair settlement.
- Ensure you receive compensation for medical expenses, lost wages, pain and suffering, and future care.
Our team at Marasco & Nesselbush is dedicated to helping accident victims navigate legal claims and fight for the compensation they deserve.
7. Keep Track Of Lost Wages And Other Expenses
If your injuries prevent you from working, you may be entitled to compensation for lost wages. Keep detailed records of:
- Missed workdays and reduced work hours
- Pay stubs and tax returns
- Statements from your employer verifying time off due to injury
Any additional out-of-pocket expenses, such as transportation costs for medical appointments, assistive devices, and home modifications, should also be documented as part of your claim.
8. Be Patient With The Process
Drunk driving accident claims can take time, especially when insurance companies try to delay or undervalue settlements. While it’s tempting to accept a quick payout, rushing the process may leave you with less than you need to cover long-term expenses.
Your lawyer will handle legal proceedings, giving you the space to focus on recovery while ensuring you receive the compensation you deserve.
How A Rhode Island Lawyer Can Help With Your Drunk Driving Accident Claim
Drunk driving accident claims can be legally complex, requiring strong evidence and skilled negotiation. A Rhode Island personal injury lawyer plays a crucial role in ensuring victims receive the compensation they deserve.
Your lawyer can help you:
Gather Evidence To Strengthen Your Case
To prove liability and the full extent of your damages, a lawyer will:
- Obtain the police report, breathalyzer results, and any available surveillance footage.
- Collect medical records and expert testimony to demonstrate the impact of your injuries.
- Interview witnesses to strengthen your case and support your claim.
Negotiate With Insurance Companies
Insurance adjusters often try to minimize settlements, offering payouts that don’t cover long-term costs. An attorney will:
- Handle all communications with the insurance company, preventing you from making statements that could weaken your claim.
- Calculate fair compensation, considering medical expenses, lost wages, and pain and suffering.
- Push back against lowball offers and take the case to trial if necessary.
Fight For Maximum Compensation You Deserve
Many accident victims often wonder, “What is the average settlement for a car accident with a drunk driver?”. An attorney can help you understand the factors – like the severity of injuries, medical expenses, lost wages, and pain and suffering – that can influence the answer. They will fight for the maximum compensation you deserve and ensure you aren’t pressured into accepting an unfair offer.
How Long Do I Have To File A Claim For A Drunk Driving Car Accident In Rhode Island?
Under Rhode Island’s statute of limitations, you typically have three years from the date of the accident to file a personal injury claim if you’ve been hit by a drunk driver. If you miss this deadline, you may lose your right to seek compensation for medical expenses, lost wages, and pain and suffering.
Why Acting Quickly Matters
Although three years may seem like plenty of time, waiting can weaken your case. Over time:
- Key evidence, such as accident reports and medical records, may become harder to obtain.
- Witness memories fade, making their testimony less reliable.
- Insurance companies may use delays against you, arguing that your injuries weren’t severe enough to warrant a timely claim.
The best way to protect your rights is to consult a car accident lawyer as soon as possible. An attorney will ensure your claim is filed within the legal deadline while also acting quickly to gather and preserve evidence—such as police reports, medical records, and witness statements—before it is lost or becomes harder to obtain.
Contact Marasco & Nesselbush Law Firm For Help With Your Drunk Driving Accident Claim
If you’ve been injured by a drunk driver in Rhode Island, you shouldn’t have to handle the legal process alone. From gathering evidence and dealing with insurance companies to filing your claim on time and fighting for full compensation, every step matters. An experienced attorney can make the difference between a low settlement and the compensation you truly deserve.
At Marasco & Nesselbush, we have helped countless accident victims secure fair settlements for their injuries. Our team understands the challenges you face and is ready to protect your rights and fight for the justice you deserve.
Contact us today for a free case review and find out how we can help you recover the compensation you need to move forward.
FAQs
Can I sue a drunk driver in Rhode Island?
Yes. If you’ve been injured in a drunk driving crash, you have the right to file a personal injury lawsuit against the at-fault driver. You may seek compensation for medical expenses, lost wages, pain and suffering, and other damages. A lawyer can help build a strong case and fight for fair compensation.
What happens if the drunk driver doesn’t have insurance?
If the at-fault driver is uninsured or lacks enough coverage, you may still recover compensation through your uninsured/underinsured motorist (UM/UIM) coverage. A personal injury lawyer can also help you explore alternative legal options, including claims against third parties, such as bars or restaurants that overserved the driver, under Rhode Island’s dram shop laws or the Liquor Liability Act.
What is the penalty for a drunk driver in Rhode Island?
A DUI conviction in Rhode Island carries severe penalties, including fines, license suspension, community service, and possible jail time. For first-time offenders, penalties may include up to one year prison time, a license suspension of 2-18 months, up to $500 in fines, and community service of 10-60 hours. Repeat offenders face harsher consequences, including longer jail sentences and mandatory alcohol treatment programs.
How does Rhode Island law handle drunk driving accidents?
Rhode Island follows a fault-based system, meaning the at-fault driver (or their insurer) is responsible for covering the victim’s damages. Victims can pursue compensation through an insurance claim or personal injury lawsuit. The court may award punitive damages in cases of gross negligence from at-fault drivers, which serves to punish reckless behavior and deter future DUI incidents.