| Read Time: 4 minutes | Car Accidents
hit by drunk driver ny

Everyone is familiar with the dangers of drunk driving, but few people put much thought into what they would do if they were hit by a drunk driver.

However, on average, every two minutes, someone in the United States is injured in a drunk driving accident.

If this describes your situation, you may be entitled to compensation for being hit by a drunk driver.

However, whether you are a driver, passenger, or pedestrian hit by a drunk driver, you may not know what you need to do to pursue a claim.

Below are a few things to keep in mind after a DUI accident.

what to do after being hit by drunk driver

Always Report the Accident

As soon as you can, it is imperative that you call 911 or the local police or sheriff’s department to report the collision.

By reporting the accident, you accomplish two important things.

First, and most importantly, the operator will send an emergency response team to the scene.

This way, anyone injured in the accident will receive potentially life-saving medical treatment.

Additionally, reporting the accident creates an official record, making it easy to prove your claim against the drunk driver.

Obtain Immediate Medical Attention

Even if your injuries do not seem severe at first, that may be your adrenaline masking the signs of a serious injury.

The only way you can be sure is to get to a doctor as soon as possible. Visiting the doctor after an accident is also important if you choose to file a lawsuit.

This is because your attorney can use the medical records to establish the severity of your injuries.

Take Pictures and Get Witness Contact Info

If you are able to, take out your smartphone and snap a few pictures of the accident scene.

You should also obtain the contact information of any other people who witnessed the accident. This will help substantiate your version of events leading up to the accident.

Be Cautious of the Insurance Company

The other driver’s insurance company may approach you with a settlement offer after you’ve been hit by a drunk driver.

If so, avoid the temptation of immediately accepting the insurance company’s offer.

Often, insurance companies make low-ball settlement offers early on in hopes of getting accident victims to give up their rights to pursue what may be a much more valuable claim.

Discuss Your Injuries with an Experienced New York Drunk Driving Accident Lawyer

When you are ready, the next step is to consult with a personal injury attorney about your claim.

A lawyer’s assistance is not only helpful in proving your case against the drunk driver but also in ensuring that you are fairly compensated for your injuries.

You may be entitled to damages like medical bills, lost wages, and pain and suffering after being hit by a drunk driver.

Contact the Law Offices of Theodore A. Naima to Schedule a Free Consultation

If you or a loved one recently suffered serious injuries in a drunk driving accident, the Law Offices of Theodore A. Naima can help.

With 25 years of experience, Ted has helped countless clients obtain meaningful compensation for their injuries through his aggressive advocacy.

To schedule a free consultation, call 516-280-7311 today. You can also connect with us through our online contact form.

F.A.Q.

What Do You Do When Hit by a Drunk Driver in NY?

The first thing to do is to get to a safe place if possible.

Depending on where you are, this may be the side of the road or a nearby highway exit. However, do not leave the scene of the accident. 

Once you are in a safe place, exchange your contact and insurance information with the other driver. You must also provide reasonable assistance to any party with injuries.

Make sure you report the accident by dialing 911. Alternatively, you can call your local police department or the New York State Police. 

How Do I Report a Drunk Driver in NY?

If you see a potentially drunk driver who is driving in a dangerous or aggressive manner, dial 911 right away. Make a note of the vehicle’s make, model, and color.

Try to remember the vehicle’s license plate as well.

What Recourse Do I Have if a New York Drunk Driver Injures Me?

Fortunately, you have several options if you were injured by a drunk driver. For one, you can call the police and report the driver for driving under the influence.

You can also sue the drunk driver for careless or reckless driving. If your lawsuit is successful, you can receive compensation for your losses, including things like hospital bills and lost wages.

In some cases, you may even be able to receive punitive damages. These options apply whether you were hit by a drunk driver with insurance or not.

To learn more, contact a qualified New York auto accident attorney right away.

A good auto accident attorney can also help you learn about the average settlement for a drunk driving accident.


The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations. For a complete list of all exceptions please consult the Consolidated Laws of New York. Attorney Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.

Author Photo

Theodore A. Naima

Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.

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