Car accidents involving drunk drivers can lead to devastating consequences. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving accounts for approximately 28% of all traffic-related deaths in the U.S. annually. Drunk driving incidents can amplify the dangers in Vermont, where icy roads and rural highways pose risks. If you’ve been injured in an accident caused by a drunk driver, it’s essential to know your rights and the steps you can take to protect yourself legally and medically.

Step 1: Prioritize Medical Attention

After any accident, your first priority should be your health and safety. Even if your injuries seem minor, internal damage or trauma may not present symptoms immediately.

• Call 911: Request medical assistance and law enforcement at the scene. Vermont law requires reporting accidents that result in injuries.
• Document injuries: Obtain a medical evaluation and keep detailed records, including hospital visits, diagnostic tests, and prescribed treatments.
• Follow-up care: Attend all follow-up appointments to make sure you properly document and treat your injuries.

Step 2: Gather Evidence at the Scene

Evidence collected immediately after the accident can greatly impact your ability to move forward with a successful claim. If you physically can, take the following steps:

• Photograph the scene:
  • Damage to vehicles
  • Road conditions
  • Traffic signs or signals
  • Any visible injuries
• Speak to witnesses: Collect their contact information and ask them to recount what they observed.
• Note the driver’s behavior: Look for signs of impairment, like slurred speech or erratic behavior.

If the drunk driver is arrested, their breathalyzer results, police reports, or witness testimonies could serve as key evidence in your case.

Step 3: Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Vermont operates under a fault-based system for car accidents, meaning the at-fault driver’s insurance typically covers damages. When speaking with your insurer:

• Provide facts but avoid admitting fault.
• Share photos, witness information, and medical reports.
• Be cautious with recorded statements—they could be used against you.

Step 4: Consult an Experienced Personal Injury Attorney

Figuring out the legal process after an accident involving a drunk driver can be overwhelming. An attorney with experience in Vermont’s personal injury laws can help you:

• Assess the value of your claim: Including economic damages like medical and lost wages, as well as non-economic damages like pain and suffering.
• File the necessary paperwork: Missing deadlines, such as Vermont’s three-year statute of limitations for personal injury claims, can put your case in jeopardy.
• Negotiate with insurance companies: Insurers may attempt to undervalue your claim. Legal representation can help ensure fair compensation.

Step 5: Understand Vermont’s Dram Shop and Social Host Laws

In Vermont, individuals or establishments serving alcohol to a visibly intoxicated person may share liability for damages resulting from a drunk driving accident. These laws apply to:

• Bars and restaurants: If the driver consumed alcohol at a licensed establishment.
• Social hosts: If the driver was served alcohol at a private event.

An attorney can investigate whether these parties contributed to the driver’s intoxication, potentially increasing your avenues for compensation.

Step 6: Seek Compensation for Your Losses

After being injured by a drunk driver, you may be entitled to various forms of compensation. These can include:

• Medical expenses: Covers treatment costs for both current and future needs.
• Lost income: Reimburses wages lost due to injury or recovery time.
• Property damage: Replacement or repairs of your vehicle and personal belongings.
• Pain and suffering: Accounts for emotional distress and diminished quality of life.

In cases of extreme negligence, Vermont courts may award punitive damages to deter similar conduct.

Step 7: File a Civil Claim if Necessary

If the drunk driver’s insurance does not adequately cover your losses, you might need to file a civil lawsuit. To prove negligence, your attorney has to demonstrate:

• The driver owed you a duty of care.
• They breached that duty by driving under the influence.
• Their breach caused the accident and your injuries.
• You endured quantifiable damages as a result.

Preventative Measures to Keep in Mind

While no one can predict when they’ll be in an accident, there are steps you can take to reduce your risk:

• Avoid traveling late at night, especially on weekends, when drunk driving incidents are more common.
• Be cautious in areas near bars or major event venues.
• Always wear a seatbelt and maintain defensive driving practices.

Conclusion

Being injured by a drunk driver in Vermont is a traumatic experience that can leave lasting physical, emotional, and financial scars. By taking the proper steps—securing medical attention, collecting evidence, and consulting an attorney—you can protect your rights and seek the compensation you deserve. The legal system may not erase the pain caused by a negligent driver, but it can help provide the resources needed to rebuild your life.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.