Steps to Take If You Have Been Injured in an Accident With a Drunk Driver

If you have been involved in an auto accident with a drunk driver that resulted in severe injuries, it is important that you file a personal injury claim to recover the compensation you deserve. To learn the steps you should take after an accident with a drunk driver, continue reading. If you require assistance with your upcoming claim, give our Santa Clara County drunk driving accident attorney a call today.

What can I do if I have been injured in an accident with a drunk driver?

It is important to have a plan after being injured in an accident with a drunk driver. The following steps will maximize your chances of filing a valid personal injury claim if you choose to take legal action in the future:

  1. Call 911. The police will bring medical attention to the scene for your injuries. They will also document the incident with a police report. Most importantly, the police will likely breathalyze the other driver which will impact your claim greatly.
  2. While you wait for medical assistance, collect any witnesses’ contact information including their name, phone number, and email.
  3. Take photos of the scene of the accident and your injuries.
  4. Once you have been treated medically, collect all documentation concerning your injuries.
  5. Retain the services of a Santa Clara County drunk driving accident attorney who will work to satisfy the burden of proof to recover the compensation you require to heal.

Can I recover compensation by filing a claim against a drunk driver?

By filing a valid personal injury claim, it is possible to be awarded compensation for physical and emotional trauma from your accident. You will work to recover compensation to cover lost wages, medical expenses, and noneconomical damages such as emotional distress, loss of enjoyment of life, and pain and suffering.

What are dram shop laws?

Dram shop laws are used to hold third parties responsible for those who are injured by drunk drivers. The injured party has the right to sue an establishment for serving an individual who was already visibly intoxicated or a habitual drinker under dram shop laws.

Unforuntaltey, California does not have dram shop laws. This is why it is so important that you retain the services of an experienced attorney who will fight to recover the full compensation you deserve to heal. It is not possible to sue an establishment that served the drunk driver unless the individual in question was a minor.

To learn more about how our firm can assist you with your upcoming claim, give us a call today.


When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.