What Does a Personal Injury Attorney Do After a DUI Crash?
What Does a Personal Injury Attorney Do After a DUI Crash?
Bottom-Line-Up-Front:
We gather factual information about the accident to build legal claims and protect legal rights.
The Long Answer:
Many times, as an attorney I am asked “Is it legal?” and the difficulty with answering that question is that because there is so much missing essential information, I am unable to answer beyond “It depends”. So the real answer to this question is it depends on what step in the process the person reaches out to a personal injury attorney. Stated another way, what I actually do changes depending on what has already been done and what remains to be done. Thus, in order to get the right information out there, I am going to use a hypothetical scenario where my little sister “Katherine” calls me as soon as a DUII crash happens. To set the scene; just after 5 pm on a Friday I get a call from Katherine who tells me that she was just rear-ended by a drunk driver near Salem, Oregon.
1. Safety First
First, I would make sure she is physically ok and in a safe place. Just because something bad has happened doesn’t mean it cannot get worse and ensuring physical safety (like getting out of the road; stopping any bleeding) is secure is the priority. Next, I would want to know if the police have been called. If not I would call emergency dispatch (911) and let them know that there is an injury crash at the location provided by Katherine and that the driver of the other vehicle appears drunk. I would do that via a 3-way call so that both me and Katherine could talk with dispatch. Notably, I would be aware that because 911 calls are recorded in Oregon, that whatever we said to the 911 operator would likely be evidence in a future court hearing.
2. Document the Crash
Next, once I was sure that physical safety was secure and that police were on the way I would advise Katherine to start taking pictures or video if she was physically able. I would be looking for pictures of the scene, the vehicles, as well as any physical injuries.
Next, I would begin the process of capturing as much contact information as I could. Certainly, we would need the information of the drunk driver, but additionally we would be looking for the contact information of any other witness to the crash or its aftermath including passengers in Katherine’s vehicle or other people standing or driving by. Further, we would want to be sure to get the name, badge number and agency of any police officer on scene as well as any paramedics or other ambulance or fire personnel. Additionally, I would want the contact information and company name of the tow truck driver of any vehicle that was towed from the scene.
Further, I would make note of any potential video cameras that may have captured the event to include: (1) personal dash camera, (2) built in cameras like Tesla has, (3) surveillance footage from local residents or local businesses (I have had decent luck over the years getting surveillance footage from OLCC (Oregon Liquor and Cannabis Commission) licensed outlets). I would not necessarily go and get that footage before getting Katherine and others on the scene necessary medical care; but I would be keenly focused on what potential camera footage is available so that it can be tracked down quickly. For example, if we know that there is a bar nearby that might have a camera pointed at the location of the incident then I can go and get the information in a few hours (or possibly the next day); but getting necessary medical care needs to happen much faster than that.
Next, I would want Katherine to get to the ER (by ambulance if it is necessary, but if not by ambulance at least get there somehow if it is medically warranted).
3. File Claims
Once all of these things are done I would begin to take a breath and start to be more focused on deliberate processing and less focused on reacting to the situation that thrust itself upon Katherine.
That requires beginning to make contact with all the relevant parties. For example, we would need to open a claim with first party auto insurance (Katherine’s auto insurance carrier). Then we would need to open a claim with third party auto insurance (the at fault driver’s insurance carrier) as well as any other insurance carrier we are made aware of.
4. Leverage the Criminal Case
Next, assuming a criminal case is filed, we would need to get copies of any citations that were issued and in particular we would want to know the date and time of the first court appearance and to make contact with the prosecuting attorney. We would send a discovery request under ORS 135.857 so that we could get from the prosecuting attorney all information made available to the drunk driver via the criminal discovery process. I would then work with Katherine to determine if she wanted to make a statement at arraignment (the first court appearance for the at fault driver in the criminal case) and if so, if she wanted to deliver that herself or if she wanted me or the prosecuting attorney to deliver that statement.
5. Look for Potential Dram Shop Parties
Very quickly in this time period, I would be looking for all potentially liable Dram Shop parties. So, I would be looking for any bar that might have served the drunk driver while they were visibly intoxicated. Under ORS 471.565 we would need to at least get notice of the claim out to potentially liable OLCC outlets such that they have the chance to gather and preserve any evidence they may have about what happened inside the OLCC outlet prior to the person driving away and crashing.
More to Come!
Because this blog is on the long end I will call this part one and continue this in the future in what will likely become a few more parts.
Stay tuned!!
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