Call 911 and request law enforcement and medical help. Law enforcement documents the scene and can arrange immediate testing when appropriate. An official police report is a key piece of evidence for both criminal and civil matters.
Get medical attention now—even if injuries seem minor. Some injuries do not show symptoms immediately. A medical record linking your injuries to the collision is essential for any claim.
Tell the officer you suspect the other driver was impaired. Make a clear statement to responding officers about your concerns. That can trigger DUI investigation and testing protocols.
Preserve the scene and any evidence. If safe, take photos of vehicles, road conditions, traffic signals, skid marks, and injuries. Note the time, weather, and any witnesses’ names and phone numbers.
Ask about testing of the other driver and employer notification. If the other driver is a commercial driver or driving for work, they may be subject to company drug and alcohol testing. If you suspect impairment, be sure officers are aware so appropriate tests and employer notifications occur.
Do not admit fault or agree to recorded statements without legal advice. Innocent comments can be used later to undermine your claim.
Contact a civil personal injury attorney as soon as possible. An attorney can preserve evidence, issue letters of representation, and begin discovery even while any criminal investigation is ongoing.

Why law enforcement and testing matter

Police involvement does more than just create a crash report. Officers can conduct field sobriety tests, breathalyzer breath tests, and arrange blood draws when probable cause exists or under warrant in some jurisdictions. If a commercial driver is involved, federal and state rules may require immediate drug and alcohol testing by the employer.

Those tests and records can be crucial evidence in a civil injury claim. However, testing windows are limited and evidence degrades. That is why it matters to report suspected impairment and ask officers to collect all relevant evidence at the scene.

Criminal case versus civil case: how they differ and why both matter

It is common to assume that if a driver is charged with or even convicted of DUI, the civil case is straightforward—and that if the driver beats a criminal charge, there is no civil remedy. Both assumptions are incorrect.

“Just because there wasn’t a finding beyond a reasonable doubt does not affect whether or not somebody was negligent by a preponderance of the evidence.”

The criminal system seeks to punish conduct and requires proof beyond a reasonable doubt. The civil system seeks to compensate victims and requires proof by a preponderance of the evidence, which is a lower standard. That means a driver can be acquitted or their criminal case dismissed and still be found liable in a civil lawsuit for negligence.

Key distinctions:

Different burdens of proof. Criminal conviction: beyond a reasonable doubt. Civil liability: preponderance of the evidence.
Separate proceedings. Criminal and civil cases are independent. Evidence from one can be used in the other, but each has its own rules and purposes.
Discovery powers. Civil attorneys can use discovery to force disclosure of documents, prior records, and testimony not always available in criminal cases.

Because civil discovery can uncover additional evidence—like employment records, prior incidents, and testing procedures—a civil case often fills gaps left by the criminal process and can succeed even when criminal charges do not.

How a personal injury attorney helps after a drunk driving crash

An experienced personal injury attorney does more than file paperwork. Their role is to gather evidence, protect your rights, explain legal options, and pursue maximum recovery on your behalf. Here are the concrete ways an attorney adds value in a suspected drunk driving case.

1. Preserve and gather evidence

Time is critical. Attorneys can send a letter of representation to the police department, hospitals, labs, and employers to preserve records before they are lost or destroyed. They will request:

Police crash reports and body camera footage.
Alcohol and drug test results, breath or blood test records, and chain-of-custody documents.
Surveillance footage from nearby businesses or traffic cameras.
Employer drug testing policies and any post-accident test results for commercial drivers.
Medical records and imaging tied to your injuries.

2. Use discovery tools private citizens cannot

Through civil discovery, attorneys can compel written answers, document production, and sworn testimony (depositions). They can explore whether the driver had prior DUI incidents, a history of substance abuse, or the employer failed to follow mandated testing rules.

3. Coordinate with criminal prosecutions without waiting for them

Waiting for the outcome of the criminal case is rarely in the victim’s best interest. Attorneys can start the civil investigation while the criminal process continues. This prevents critical evidence from disappearing and ensures your claim is not unduly delayed.

4. Evaluate and pursue all potential sources of recovery

There may be multiple parties who share liability: the impaired driver, an employer who negligently supervised or failed to enforce drug policies, and even vehicle manufacturers or maintenance providers in rare cases. An attorney maps out all possible avenues for compensation.

5. Manage communications and insurance negotiations

Insurance companies often try to settle quickly and for less than a fair value—especially in emotionally charged DUI cases. An attorney handles communications, negotiates with insurers, and fights for a settlement that reflects your medical costs, lost wages, pain and suffering, and future needs.

Evidence and discovery specific to suspected intoxication

When impairment is suspected, certain kinds of evidence are particularly important:

Breath or blood alcohol tests: The timing, method, and chain of custody affect how persuasive results are
Field sobriety test notes and video: Officers often record or document these tests
Hospital toxicology screens: Medical treatment records may contain drug or alcohol testing done after the accident
Employer testing results and policies: For commercial drivers, federal and state rules may require employer testing after accidents
Witness statements and video footage: Bystander videos, dash cams, and security cameras can be decisive

An attorney knows how to collect and preserve each item and how to challenge improper testing or gaps in the chain of custody that could weaken or strengthen a claim.

When should you contact an attorney?

Contact an attorney as soon as possible—ideally immediately after you receive medical care and the police have been notified. Early involvement allows your attorney to:

Send preservation letters to protect evidence
Begin forensic analysis of testing procedures and protocol compliance
Interview witnesses while memories are fresh
Coordinate with medical providers to document injuries thoroughly

Delaying legal contact risks losing crucial evidence and can reduce the strength of your case.

How much does a personal injury attorney cost?

Most personal injury attorneys handle automobile injury cases on a contingency fee basis. That means:

No upfront attorney fee is paid by you
The law firm advances case expenses such as medical record collection and expert fees
If there is no recovery, you generally owe nothing in attorney fees. The firm assumes the financial risk
If there is a recovery, the attorney is paid a percentage of the settlement or verdict agreed upon in the contingency agreement

This arrangement makes legal representation accessible to people who cannot afford to pay hourly legal fees while injured and dealing with mounting bills.

What damages can you recover in a drunk driving case?

Compensation depends on the severity of injuries and the impact on your life. Common elements of recovery include:

Medical expenses: Past and future treatment, hospital bills, rehabilitation, medication, and assistive devices
Lost wages: Income lost while recovering and reduced future earning capacity if injuries are permanent
Property damage: Repair or replacement of your vehicle and any personal property damaged in the crash
Pain and suffering: Physical discomfort and emotional distress caused by the crash
Loss of consortium: Compensation for impacts to relationships for spouses and family members in some jurisdictions

An attorney evaluates all possible damages and works to document both the financial losses and the intangible harms that may be recoverable.

Checklist: What to bring to your attorney meeting

Police report or accident report number
Copies of photos or videos taken at the scene
Names and contact information of witnesses
All medical records and billing statements related to the crash
Insurance information for all parties involved
Notes about conversations with adjusters, statements you provided, and any recorded statements requested
Details about lost work, wage statements, and how injuries affect daily life

If you suspect the driver who hit you was intoxicated, protect yourself by involving law enforcement and medical professionals immediately and by contacting a personal injury attorney without delay. Civil attorneys offer tools and strategies that criminal processes alone do not provide: they preserve evidence, pursue discovery, and work to secure the full compensation you need to recover.

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Hit by a Drunk Driver – What to Do Next

November 27, 2025 | DUI Omaha

Immediate steps after a suspected drunk driving collision