How to File a Claim After a DUI-Related Accident in Little Rock

Being in a DUI-related accident can be a traumatic and devastating experience. Most people who are involved in these types of accidents experience horrific injuries, mental and emotional issues, and financial setbacks, which can take several years to recover from.

That is why it is important to know that you can hold the drunk driver accountable for your accident by filing a claim, hiring a Little Rock car accident lawyer, and building a strong and convincing case.

A recent DUI-related accident near Little Rock, AK

Unfortunately, DUI-related accidents are very common around Arkansas. According to KARK 4 News, there was a study conducted in 2023 showing that alcohol played a factor in about 34% of fatal car accidents in Arkansas. The study also found that around 27 percent of these fatal accidents involved a severely drunk driver, which puts Arkansas residents who share the roads with these drivers at serious risk of being injured or killed.

In September 2024, a deadly DUI-related accident occurred in Pulaski County, which is less than 10 miles from Little Rock. The driver has been arrested and may soon receive felony charges. In this accident, a Little Rock nurse was killed when a driver, who was severely drunk, ran directly into her vehicle head-on. Due to this tragic and preventable accident, the city of Little Rock lost a devoted nurse who was employed at the Arkansas Children’s Hospital for more than two decades.

What should I do after being hit by a drunk driver?

After being hit by a drunk driver, you should consider filing a claim. It may be difficult to think about pursuing legal action when you are already dealing with a lot mentally and physically from the accident, but filing a claim can make sure that the drunk driver is held accountable and does not put anyone else through a similar situation. It can also help you receive the financial recovery you are owed. Below, we will go over the six steps you should take to successfully file a claim.

Make sure you have obtained medical attention for your injuries

If you have not already, it is crucial that you obtain medical attention for your injuries. Even if you think your injuries are minor and will heal on their own or simply do not like visiting the hospital or doctors’ offices, you must seek medical attention as quickly as possible. This will not only make sure that you do not have any hidden injuries that need to be addressed, but it can also help prove a connection between your injuries and the accident. If you do not seek medical attention, the defendant’s legal team will likely claim that you did not suffer injuries or that your injuries aren’t as serious as you claim.

Inform your car insurance company about the accident

You may know for sure that you did not play a role in the drunk driving accident, but you are still required to inform your car insurance company about it within the first few days. This contact should be a brief phone call letting your insurer know what happened and who was involved. You do not want to give too much detail, as any information you provide could be twisted and used against you.

Keep track of your injuries, expenses, and other losses from the crash

As soon as you can, you should start keeping track of your injuries, expenses, and other losses from the crash. Take photos, keep receipts and paperwork, and write in a journal about the injuries and consequences you have endured since the accident. Make sure you keep this information in a safe location that is easily accessible.

Hire a car accident lawyer

Before pursuing legal action, you should consider hiring a car accident lawyer. Although it is not a requirement, having an experienced legal professional by your side can make a big difference in your case. They will listen to the details of your DUI-related accident, inform you of your rights, determine what options are available for you, and demand the justice you deserve.

Speak with witnesses

There is a good chance that another driver, business owner, worker, or bystander may have seen your accident occur. Witnesses are valuable in DUI-related accidents as they may be able to provide more facts and details pertaining to your case, back up your statements, and prove liability.

File a claim and prepare to negotiate

After collecting evidence, hiring a lawyer, and determining who is liable for your accident, you should file a claim. Your lawyer will file this claim on your behalf and wait for the defendant’s insurance company to respond. If the insurance company responds with a settlement offer, you and your lawyer will review the terms to decide whether it’s reasonable based on your injuries and other losses. Most of the time, the first settlement offer is much lower than you deserve. If this is the case, your lawyer will send a counteroffer, which will open the door for back-and-forth negotiations.

How can a car accident attorney help with a DUI accident claim?

A car accident attorney can help with your DUI accident claim in many ways, including:

• Investigating your accident: A car accident attorney will travel to the scene of your accident and investigate what happened. They will look for any markings in the roadway, check out the damage done to your vehicle, and search for any clues or information that could benefit your case.
• Gathering evidence: Even in DUI-related accidents, you must have solid evidence showing that the drunk driver was at fault. Your attorney will help you gather strong and convincing evidence, such as blood tests, breathalyzer tests, or urine tests that show the driver’s alcohol level was too high. They can also help you retrieve medical records, cell phone records, GPS locations, police reports, and other pieces of information that may support your claim.
• Communicating with insurance companies: No matter how dangerous the drunk driver’s behavior is, their insurance company will do everything they can to reduce the amount of money that they owe you. While you may think that the insurance company is nice and understands your situation, they are actually using tricks and tactics to encourage you to say things that can be turned against you. Instead of speaking with insurance companies and putting your case at risk, you should tread with caution and allow your lawyer to handle all forms of communication with these companies and their agents.
• Calculating your losses: After a drunk driving accident, you may experience traumatic and devastating losses, which insurance companies use tools and software to calculate. However, you must keep in mind that these tools and software lack the human ability to understand what you have gone through and dealt with since the accident. Your attorney may seek help from accountants, medical providers, and other professionals to calculate and develop a more accurate value for your losses.
• Taking your case to court, if necessary: If an insurance company does not cooperate or is not willing to budge on its settlement offer, your lawyer may suggest taking the case to court. Even if your case becomes a lawsuit, it’s unlikely it will go to trial because most cases settle. If you do need to take your case to trial, your attorney will work with you to make sure you’re prepared and know what to expect.

If you have recently suffered injuries in a DUI-related accident, the car accident lawyers at Bailey & Greer encourage you to reach out at your earliest convenience. These types of accidents can become complex and challenging very quickly, which is why it is important to have a skilled legal professional in your corner, handling any issues or problems that arise and protecting your rights at all times. Please call our office or submit our contact form to schedule a free consultation at our Little Rock office today.