Originally Published: March 30, 2023
The Short Answer
If you’re hit by a drunk driver, start by calling 911 to report the accident and get medical help. Make sure a police report is filed, and gather as much evidence as you can, including photos and witness info. Even if you don’t feel hurt right away, get checked by a doctor. Then, report the accident to your insurance company, but avoid signing anything or giving recorded statements. Before taking further steps, talk to a car accident lawyer who can help you pursue compensation from the impaired driver and guide you through Indiana’s legal process.
Key Takeaways
- Call 911 immediately – Protect your health and start the legal process.
- Get a police report – It helps prove the other driver was impaired.
- Gather evidence – Photos, witness info, and contact details matter.
- Get medical care right away – Even small injuries can become serious.
- Don’t admit fault – Stay calm, and stick to facts.
- Talk to your insurance company – But don’t give recorded statements.
- Consult a lawyer – Protect your rights and pursue full compensation.
- Don’t wait too long – You have 2 years to file a lawsuit in Indiana.
Table of Contents
- 1. Contact Emergency Services
- 2. Seek Medical Attention As Soon As Possible
- 3. Collect Evidence at the Scene of the Accident
- 4. Exchange and Collect Information
- 5. Report the Accident to Your Insurance Company
- 6. Consult a Lawyer Before Moving Forward
- 7. Start a Car Accident Lawsuit Against the Drunk Driver
- What Not To Do After a Car Accident Caused by a Drunk Driver
- Can a Bar Be Held Responsible for a Drunk Driving Accident?
- Indiana Drunk Driving Accident Statistics
- Indiana Drunk Driving Accident FAQs
- Consult an Indiana Car Accident Lawyer After a Drunk Driving Accident
1. Contact Emergency Services
Call 911 immediately after any accident where someone is injured, even if you are unsure about the severity of the injuries. If you are able to communicate with the other driver and everyone appears to be fine, you may choose to call the non-emergency number. However, if you or your passengers are injured or if you are unsure about the other driver’s condition, you should go ahead and call 911.
Getting law enforcement involved will ensure that a police report is filed and that the impaired driver can be tested for intoxication by a third party. This documentation will be necessary evidence for your eventual claim. If an ambulance or EMTs are called, they can tend to your injuries.
2. Seek Medical Attention as Soon as Possible
If you have called 911, EMTs will likely arrive on the scene promptly and provide necessary medical attention. Even if you don’t think you’ve suffered any serious harm, allow yourself to be evaluated by medical professionals, and follow any advice or treatment plan given.
It’s worth noting that some injuries may not become apparent until later on, so if you notice symptoms of internal injuries, such as abdominal pain, headaches, dizziness, or back and neck pain in the coming days, it is crucial to see your doctor as soon as possible.
Following this step can help protect your health and, later on, your settlement as it provides a clear paper trail of your injuries related to the crash.
3. Collect Evidence at the Scene of the Accident
If you’re physically able, try to gather as much evidence as you can while you’re still at the scene. This information can make a big difference later when you’re seeking compensation. If someone else is with you and you’re too hurt to do it yourself, ask them to help.
Here’s what to focus on:
- Take Photos and Videos
Capture the damage to all vehicles, skid marks, broken glass, road signs, and anything else that helps show what happened. Get wide shots and close-ups from different angles. - Record the Other Driver’s Behavior
If the other driver appears drunk, slurs their speech, stumbles, or smells like alcohol, make a note or video if it’s safe to do so. Do not confront them—just observe and document. - Write Down What You Remember
As soon as you can, jot down what you remember about how the crash happened. Include time, location, weather conditions, and anything the other driver said or did. - Get Witness Information
Ask bystanders or passengers if they saw what happened and are willing to speak up. Get their names and contact info—they may be able to back up your version of events later. - Preserve Physical Evidence
If any items were damaged (like your phone, car seat, or personal belongings), don’t throw them away. They may help show the force of the crash.
Taking the time to collect thorough evidence can help strengthen your case and protect your rights as you pursue a claim. The more evidence you have, the easier it will be for your lawyer to build a strong claim on your behalf. Click the button below to schedule a free consultation.
4. Exchange and Collect Information
If you suspect the other driver is impaired, your safety comes first. Stay in your vehicle if you feel unsafe, and wait for law enforcement to arrive. Let the officers handle the other driver, especially if they are aggressive, confused, or showing signs of intoxication.
If you are safe and in a state where you can, exchange basic details with the other driver, including:
- Full name and contact information
- Insurance provider and policy number
- Driver’s license number
- Vehicle make, model, color, and license plate number
If police respond to the scene, ask for the officer’s name and badge number, and find out how to get a copy of the police report when it’s ready. This report can be an important piece of evidence later.
Take photos of IDs, insurance cards, vehicle damage, and the other driver’s behavior—if it’s safe to do so. If you’re unable to gather this information due to your injuries, ask a passenger or someone nearby to help.
Finally, do not argue or confront the impaired driver. Stay calm, don’t apologize, and avoid discussing who caused the crash. Also, never apologize or admit fault as this can escalate the situation and make it harder to reach a fair resolution, even if you were just being polite. Focus on protecting yourself and letting the police handle the investigation.
5. Report the Accident to Your Insurance Company
Once you’re safe and have received medical care, report the accident to your insurance company. Many policies require you to do this within a certain time, so don’t wait too long.
When you make your report, stick to the facts: the date, time, location, and that the other driver appeared to be impaired. You don’t need to explain every detail or try to prove anything—just let them know what happened.
If an insurance adjuster asks you to give a recorded statement, sign anything, or settle quickly, you can and should say no until you’ve talked to a lawyer. These early steps can impact your ability to recover full compensation later.
Even if the crash was clearly caused by a drunk driver, insurance companies may still look for ways to minimize what they pay. Reporting the accident promptly and keeping your communication brief and accurate will help protect your rights moving forward.
6. Consult a Lawyer Before Moving Forward
Before signing anything or speaking further with the insurance company, talk to a car accident lawyer. An attorney can guide you through the legal process, help protect your rights, and take over communication with the insurance companies so you don’t say or do something that could hurt your case.
Every driver has a duty to act reasonably to protect others on the road. When you are hit by a drunk, drugged, or drowsy driver, that individual has violated their duty to you, and they are responsible for any damages caused by the accident.
But even if the other driver is clearly impared—or even arrested—you still need to prove that their actions directly caused your injuries to receive compensation. That’s where having a lawyer makes a big difference.
The other driver’s insurance company may try to downplay the crash or shift the blame to avoid paying. This is common, even in drunk driving cases. A lawyer will step in to:
- Investigate the accident fully
- Collect key evidence, including police reports, test results, and witness statements
- Work with medical experts to connect your injuries to the crash
- Build a strong case to fight for the compensation you deserve
It’s a mistake to assume that an injury claim will be easy just because the other driver was drunk. Insurance companies fight DUI accident claims as aggressively as they fight other injury claims. Having legal support early on can make a real difference in how your case moves forward. Click the button below to contact us for a free case review.
7. Start a Car Accident Lawsuit Against the Drunk Driver
Once your attorney reviews the details of your case and confirms that you have grounds to move forward, they’ll begin building your case and pursuing compensation on your behalf.
You’ll need to act quickly. In Indiana, you generally have 2 years from the date of the accident to file a personal injury lawsuit. If you wait too long to get legal help, you may lose your chance to recover any compensation.
Every case is different, but compensation in drunk driving accident cases may include:
- Medical expenses – both immediate and long-term
- Property damage – such as repairs or totaling of your vehicle
- Lost wages – from time missed at work now and in the future
- Pain and suffering – emotional distress and physical pain
- Permanent injury, scarring or disfigurement
- Wrongful death expenses – including funeral, burial, and cremation costs
Your lawyer will work closely with you to document the full impact of the crash and make sure no part of your loss is overlooked. The goal is to recover what you need to move forward—not just what the insurance company offers first.
What Not To Do After a Car Accident Caused by a Drunk Driver
If you’ve been hit by a drunk driver, it’s natural to feel overwhelmed, but some common mistakes can make it harder to recover the compensation you need. Here’s what to avoid after the crash:
Don’t Leave the Scene Too Soon
Even if you think you’re okay, stay until the police arrive and you’ve spoken with them. Leaving early can complicate the police report and make it harder to prove what happened.
Don’t Confront the Other Driver
A driver under the influence may act unpredictably. Avoid arguing, accusing, or trying to get them to admit fault. Let the authorities handle the situation.
Don’t Apologize or Admit Fault
Even casual remarks like “I’m sorry” can be twisted into an admission of blame. Be respectful, but avoid making statements about who caused the crash.
Don’t Skip Medical Care
You might feel fine at first, but some injuries show up later. Seeing a doctor right away protects both your health and your injury claim.
Don’t Give a Recorded Statement to Insurance
Insurance adjusters may pressure you to speak or sign paperwork. Politely decline until you’ve spoken with an attorney who can advise you.
Don’t Assume the Criminal Case Covers Your Losses
If the drunk driver is arrested, it doesn’t mean you’ll automatically be compensated. A criminal charge is separate from the civil claim you’ll need to file to seek compensation for your injuries and other losses.
Can a Bar Be Held Responsible for a Drunk Driving Accident?
Sometimes the drunk driver isn’t the only party who may be held accountable. Under Indiana’s dram shop laws, bars, restaurants, or other alcohol providers can be sued if they served someone who was visibly intoxicated and knew that person might drive.
These cases are complex and require strong evidence, but they may offer another way to pursue compensation—especially if the driver lacks enough insurance.
For more information: Can Bars Be Held Liable For Drunk Driving Accidents in Indiana?
Indiana Drunk Driving Accident Statistics
Crashes caused by intoxicated drivers are nothing new—drunk driving has been a serious public health concern for decades and continues to take thousands of lives each year. In fact, drivers impaired by alcohol were responsible for 30% of all U.S. deaths caused by traffic-related incidents in 2020.
On top of this, many more accidents are caused by individuals driving while under the influence of drugs that affect the central nervous system (whether illegal or prescribed) or driving while overly tired (“drowsy driving”). All of these are considered impaired driving and pose a danger to the driver as well as other motorists and pedestrians.
| Statistics | Indiana | Nationwide |
| Alcohol-Related Crashes (2020) | 3,820 crashes | – |
| People Injured in Alcohol-Related Crashes | 868 (drivers only) | 338,00 (MADD.org) |
| Alcohol-Related Crash Fatalities | 124 deaths | 11,654 (2020 nhtsa.com) |
| % of Total Crashes Involving Alcohol | 14% (2020) | 30% |
| High-Risk Group | Males age 21-34 | Males age 21-34 |
Indiana Drunk Driving Accident FAQs
The drunk driver is usually the person legally responsible for the crash. However, depending on the situation, a bar, restaurant, or other alcohol vendor may also be liable under Indiana’s dram shop laws if they overserved the driver. In rare cases, other parties—like an employer or vehicle owner—could also share responsibility.
In Indiana, you generally have 2 years from the date of the accident to file a personal injury or wrongful death lawsuit. This deadline is known as the statute of limitations. If you wait too long, you may lose the right to seek compensation.
You may be entitled to compensation for:
- Medical bills (past and future)
- Lost income or reduced earning ability
- Pain and suffering
- Property damage
- Permanent injury or disability
If you lost a loved one, you may also seek compensation for funeral and burial expenses, along with other costs related to the accident.
In Indiana, a driver is legally drunk with a blood alcohol concentration (BAC) of 0.08% or higher. But even lower BAC levels can be considered impaired if the driver’s ability to operate the vehicle safely was affected. Driving under the influence of drugs—prescription or illegal—also counts as impaired driving.
No. While being drunk strongly suggests dangerous behavior, you still need to prove that the drunk driver’s actions caused the crash. That’s why collecting evidence and working with an attorney is so important. Insurance companies may still try to deny or reduce your claim, even when the other driver was intoxicated.
You are not required to have an attorney, but it’s highly recommended—especially in drunk driving cases. Insurance companies often push back hard, and proving fault isn’t always straightforward. An attorney can investigate the crash, deal with the insurance companies, and help pursue the full compensation you’re owed.
A criminal case is brought by the state and focuses on punishing the drunk driver with jail time, fines, or license suspension. A civil case, on the other hand, is brought by the victim and focuses on getting compensation for injuries, medical bills, and other losses. The outcome of one case doesn’t automatically determine the outcome of the other.
Yes. In Indiana, you may be able to file a wrongful death lawsuit if a family member was killed in a drunk driving crash. A successful case can provide compensation for funeral costs, medical expenses, and the financial and emotional impact of your loss.
Most drunk driving accident cases settle out of court, but some do go to trial—especially if the insurance company refuses to offer fair compensation. Your attorney can help you decide the best approach and will be ready to take your case to court if necessary.
Consult an Indiana Car Accident Lawyer After a Drunk Driving Accident
Money cannot undo the damage done by a drunk driver, but a financial settlement can help pay for your medical treatment and other accident-related needs to take the financial burden off you and your family.
Don’t wait. You have nothing to lose. Contact one of the lawyers at the Ken Nunn Law Office to find out your legal options and start pursuing the compensation you need.
