People involved in a vehicle accident with a drunk (or any) driver should safeguard their health and safety as the first priority. To that end, move out of the accident zone as quickly as possible, if you are able. Do not leave the scene, as doing so is a violation of the law, unless EMTs take you to the emergency room.

Never confront a DUI driver or accuse the driver of causing an accident. Drunk people may pose a danger as their judgment is impaired or because they feel threatened or fearful. Stay in a safe place until law enforcement arrives.

  • Call 911 as soon as possible, if you are able. When law enforcement arrives, answer their questions and follow their instructions.
  • The officer will develop a crash report after talking to all drivers, surveying the scene, and asking questions. The crash report is an important piece of evidence about how the accident occurred, so obtain a copy and keep it for your records.
  • Exchange contact information with the other driver(s), including insurance information, names, and email.
  • If you have a smartphone, take pictures of the accident scene, including the damage to the vehicles and anything that could constitute evidence, such as skid marks or broken barriers.
  • Talk to eyewitnesses and get their contact information if they are willing.
  • After law enforcement indicates you can leave, see a doctor as quickly as possible. You need a doctor’s examination to find out if you sustained any non-obvious injuries, and to treat any injuries.
  • Follow all medical recommendations for treatment and conduct.
  • Keep all records of medical visits, treatment, and diagnoses.
  • Contact your insurance company as soon as possible.