Common Mistakes After a Drunk Driving Accident in Des Moines, Iowa

Drunk driving accidents often result in serious injuries or even death. Add to that emotional trauma and costly repairs. Victims of drunk driving accidents are often confused and overwhelmed, and they aren't sure what to do. The first priority is always safety and to seek medical attention. Following that, the victim should reach out to a car accident attorney.

Tom Fowler Law is a trusted personal injury firm based in Des Moines, and the team often works with clients who have been injured in a drunk driving accident. They can share common mistakes after a bike accident as well. Over the years, however, the team has also seen car accident victims make mistakes, which means they may not be able to receive fair compensation.

Avoid These Common Mistakes After A Drunk Driving Accident

Not Calling 911 Immediately

The first step after any car accident is to call 911. Both law enforcement officers and medical assistance will be dispatched to the scene. This is the first step of the legal process as police and EMTs will begin to gather evidence, including field sobriety tests and any car accident injuries discovered at the scene.

In Iowa, a police report is a very important piece of evidence in a drunk driving accident case. Not reporting the incident means that there is no official documentation of the accident, which can harm the credibility of the victim. Victims who are able should never leave the scene without making sure a report has been filed, even if the accident and injuries are minor.

Not Documenting the Accident Scene

Police reports often contain information on the accident scene following car accidents, but if the victim is able, they should also do an independent documentation of the scene. This includes:

• Taking videos and photos of the scene including all vehicles involved, visible injuries, road conditions, and traffic signals.

• Recording witness statements and gathering contact information.

• Writing down what happened while memories are fresh

In many cases, there is more to drunk driving accident than alcohol impaired drivers. Things like road conditions, busy intersections, or even other drivers who are not impaired can complicate the car accident claim.

Admitting Fault or Apologizing

One of the most common mistakes after a drunk driving accident is to admit fault. It doesn't matter if the person who was intoxicated says they are sorry, or the victim says something like "I'm sorry," it could be interpreted by accepting blame.

Iowa has a comparative fault system in place, which means more than one party can be liable in an accident. Even admitting partial fault can cause the insurance company of the other driver to claim the victim was partially at fault. This means that the compensation available could be reduced.

Declining Immediate Medical Attention

Another mistake that people make following a drunk driving accident is that they don't get medical attention. Oftentimes, internal injuries don't show up for several hours or days. Delaying medical treatment can also make a significant difference in how the case is viewed. An insurance company can say that a victim isn't as injured as they claim to be because they didn't get medical attention.

Many victims are sent to local hospitals, even if injuries aren't immediately apparent, and it's very important that medical records are available when seeking compensation in a personal injury claim. These early medical records create a clear connection to the injury claim and the accident. The other driver's insurance company will have a much harder time claiming anything other than the injuries were caused by the accident.

Not Following Medical Advice or Missing Appointments

Oftentimes, following an initial medical examination, the doctor will recommend future medical care like physical therapy or specialist care. Insurance adjusters will scour medical records to ensure they are consistent when researching insurance claims. If they notice that a victim is skipping appointments or not following medical advice, they could argue that the injuries are not serious and this could negatively impact personal injury cases.

Speaking to Insurance Adjusters Without Legal Representation

Insurance companies will often reach out to victims of a drunk driving accident soon after the accident occurred. They do this to pas as little as possible. Though they often pretend that they care, they are really trying to gather as much evidence as possible to pay a lower amount in a personal injury case. These insurance company employees often ask leading questions and dig for information that they can use against a victim.

Victims in a drunk driving accident have legal rights and they deserve a fair settlement. Those who have been in accidents should never speak to anyone, other than police officers, about the case without working with an experienced lawyer.

Accepting a Quick Settlement Too Soon

Many times, the insurance company of the at fault driver will contact the victim with a settlement offer soon after the accident. This is very tempting to many victims, especially if medical expenses are starting to pile up. However, these early offers are often far below the actual value of the claim.

If a victim accepts an early settlement like this, they are also signing away their right to seek other damages, including non-economic damages and punitive damages, in the future.

Failing to Preserve Evidence

Collecting evidence is extremely important in a personal injury claim. Many people don't realize how much gathering evidence can help...or hurt...their case. If the victim doesn't collect and preserve evidence, they could negatively impact the outcome. Common things that occur if evidence isn't preserved include:

• Crucial evidence of vehicle damage that has been repaired

• Surveillance video being overwritten

• Witnesses forgetting key information about the accident

• Blood alcohol concentration information being inaccessible

A personal injury attorney can issues preservation letters, request toxicity reports, and collect evidence before it gets too late. Consider consulting the best vehicle accident attorney in Des Moines for more information.

Not Understanding Iowa’s Drunk Driving Laws

Iowa law treats drunk driving as a serious criminal offense, but victims also have civil rights they can pursue. Understanding the difference between criminal prosecution of a drunk driver and a personal injury claim is essential.

Even if drunk drivers are convicted, that doesn’t guarantee compensation for the victim. A personal injury lawsuit can recover damages for:

• Medical bills

• Lost wages

• Pain and suffering

• Property damage

• Punitive damages

Tom Fowler Law has extensive experience navigating both the criminal and civil aspects of DUI cases in Polk County and surrounding areas.

Waiting Too Long to File a Claim

Iowa has a two-year statute of limitations for personal injury claims, starting from the date of the accident. Waiting too long to seek legal representation or file a claim can mean permanently losing the right to recover damages.

In addition, key evidence becomes harder to obtain over time, and witnesses may become unreachable. Victims in Des Moines should contact a local attorney as soon as possible to begin building their case. They can also help explain common mistakes after experiencing medical malpractice.

Going It Alone Without a Lawyer

Many people try to handle their case on their own, thinking that the facts will speak for themselves—especially if the other driver was clearly intoxicated. Unfortunately, insurance companies are skilled at minimizing payouts, even in cases with strong evidence.

An experienced Des Moines drunk driving accident attorney like Tom Fowler and his team can:

• Investigate the crash

• Identify all liable parties (including bars or restaurants under Iowa’s dram shop laws)

• Handle complex insurance negotiations

• Represent victims in court if necessary

Working with a local lawyer ensures that the victim’s case is handled according to Iowa laws, and that no opportunity for full compensation is missed.

How Tom Fowler Law Helps Drunk Driving Accident Victims in Des Moines

Tom Fowler Law is a trusted advocate for injury victims across Des Moines and central Iowa. The firm offers:

• Free consultations

• No upfront fees – clients pay nothing unless compensation is recovered

• Personalized attention from a local attorney who understands the community

• A strong track record of success in DUI-related injury cases

Whether the accident occurred near downtown Des Moines, along I-235, or in West Des Moines suburbs, the team at Tom Fowler Law is ready to take swift action.

A drunk driving accident can upend every part of a person’s life. But taking the right steps—and avoiding the common mistakes outlined above—can help victims in Des Moines protect their rights and financial future.

Legal guidance is essential. With Tom Fowler Law on their side, victims can focus on healing while the firm focuses on justice. Don’t let one moment of recklessness go unanswered—get the support needed to move forward with strength and confidence.