Every day in Alabama, lives are changed in an instant when a drunk driver makes the reckless decision to get behind the wheel. Imagine driving home from work along I-65 when suddenly, a vehicle swerves across the center line, giving you mere seconds to react.
According to the Alabama Department of Transportation, alcohol-related crashes accounted for nearly 30% of all traffic fatalities in our state last year, leaving victims and families to navigate physical recovery, emotional trauma, and complex legal challenges.
If you or a loved one has been injured by a drunk driver in Mobile or elsewhere in Alabama, knowing the right steps to take can make the difference in your physical recovery, legal rights, and financial future.
Immediate Steps Following a Drunk Driving Accident
1. Ensure Safety and Call 911
Your safety and the safety of others should be your first priority:
- Move to a safe location if possible
- Check yourself and passengers for injuries
- Call 911 immediately, even if injuries seem minor
- Request both police and medical assistance
- Clearly inform the dispatcher that you suspect the other driver is intoxicated
When speaking with responding officers, be specific about any signs of intoxication you observed, such as erratic driving before the collision, the smell of alcohol, slurred speech, or unsteady movements. These observations can be crucial evidence in both criminal and civil proceedings.
2. Document the Scene Thoroughly
Evidence gathered at the scene can be invaluable for your case:
- Take photos of all vehicles involved, focusing on damage
- Capture images of the overall accident scene, including road conditions and skid marks
- Photograph any visible injuries
- Record the location of any traffic cameras or businesses that might have surveillance footage
- Collect contact information from all witnesses
- Write down the officer’s name and badge number
- Note any statements made by the other driver, especially admissions of drinking
In Alabama, the preservation of evidence is particularly important in drunk driving cases, as it supports both your civil claim and the state’s criminal prosecution.
3. Seek Immediate Medical Attention
Never decline medical evaluation after a drunk driving collision, even if you feel “fine”:
- Allow EMTs to evaluate you at the scene
- Go to the emergency room or urgent care if recommended
- If not transported by ambulance, see a doctor within 24 hours
- Be thorough when describing symptoms to medical providers
- Follow all treatment recommendations and attend follow-up appointments
Many serious injuries, including traumatic brain injuries and internal bleeding, may not show immediate symptoms. Additionally, Alabama follows the “eggshell plaintiff” rule, meaning the at-fault driver is responsible for all injuries caused, even if you had pre-existing conditions that were aggravated by the accident.
Legal Considerations Specific to Alabama Drunk Driving Cases
1. Understanding Alabama’s Dram Shop Act
Alabama’s Dram Shop Act can provide an additional avenue for compensation. This law holds bars, restaurants, and alcohol retailers potentially liable if they served alcohol to a visibly intoxicated person who later caused an accident.
Documentation of where the driver was drinking before the accident can be crucial evidence, and these claims have specific notice requirements and time limitations.
At Tobias & Comer Law, we investigate all potential sources of liability to maximize your recovery, including third parties who may share responsibility for your injuries.
2. Alabama’s Pure Contributory Negligence Rule
Alabama follows one of the strictest negligence standards in the nation. Under pure contributory negligence, if you are found even 1% at fault for the accident, you may be barred from recovering compensation. Insurance companies often try to assign partial blame to victims to avoid paying claims, and professional legal representation is essential to counter these tactics.
Our experienced attorneys understand how to protect your claim from allegations of contributory negligence, especially important in drunk driving cases where the other driver’s impairment is often the clear cause of the collision.
3. Punitive Damages in Drunk Driving Cases
Alabama law recognizes the particularly reckless nature of drunk driving. Punitive damages (additional compensation meant to punish the wrongdoer) are often available in drunk driving cases, and these damages can significantly increase the value of your claim.
Establishing the driver’s blood alcohol content (BAC) and prior history is important for punitive damage claims. Alabama courts have repeatedly upheld substantial punitive damage awards in cases involving intoxicated drivers, recognizing the need to deter this dangerous behavior.
Dealing with Insurance Companies After a Drunk Driving Accident
Be extremely cautious when interacting with insurance companies:
- Never give a recorded statement to the other driver’s insurance without legal counsel
- Don’t accept an initial settlement offer without understanding the full extent of your injuries
- Be aware that insurance adjusters may monitor your social media for statements that could harm your claim
- Understand that Alabama’s minimum insurance requirements ($25,000 per person/$50,000 per accident) are often insufficient for serious injuries
It’s common for insurance companies to make quick settlement offers following drunk driving accidents, hoping victims will accept before understanding the full value of their claim or consulting an attorney.
When to Contact an Attorney
After a drunk driving accident in Alabama, it’s important to consult with an experienced personal injury attorney as soon as possible. Evidence like blood alcohol testing and surveillance footage needs to be preserved quickly, and witness memories fade rapidly with each passing day.
Alabama’s two-year statute of limitations for personal injury claims may seem generous, but building a strong case takes time, especially when complex issues like dram shop liability require early and thorough investigation. Additionally, criminal proceedings against the drunk driver can significantly impact your civil case, making legal guidance crucial from the beginning.
At Tobias & Comer Law, we coordinate with criminal prosecutors while pursuing your civil claim, ensuring that all available evidence is preserved and properly utilized to support your case. Our early involvement often makes a substantial difference in case outcomes, as critical evidence can be secured before it disappears.
Take Action to Protect Your Future
Being injured by a drunk driver creates challenges that extend far beyond the immediate aftermath of the crash. Alabama’s legal system provides remedies, but navigating it effectively requires knowledge, experience, and dedication.
At Tobias & Comer Law, we’ve helped numerous victims of drunk driving accidents across Mobile and throughout Alabama receive the compensation they deserve. Our attorneys understand both the emotional and legal complexities these cases present, and we’re committed to supporting our clients through every step of the recovery process.
If you or a family member has been injured by a drunk driver, contact Tobias & Comer Law today at (251) 432-5001 for a free, no-obligation consultation. Our experienced team is ready to help you understand your rights and options while fighting for the full compensation you deserve.