What to Do After a Car Accident with a Drunk Driver

Car accidents are always tragic, but when a drunk driver causes the accident, the aftermath can be devastating. Victims often face serious injuries in these cases, plus emotional trauma and uncertainty about what to do next. In Iowa, drunk driving is one of the leading causes of serious and fatal car crashes.

Knowing what to do after a car accident with a drunk driver can help to protect your rights and help to get the financial compensation that you deserve.

Tom Fowler Law is a law firm in Des Moines that helps victims of drunk driving crashes seek financial compensation following the accident. Here are the best things for drunk driving victims to do to have the best possible outcome:

1. Ensure Safety and Call 911 If Hit by a Drunk Driver

The main priority as soon as tan accident occurs is to check for injuries and keep people as safe as possible. If you can, move vehicles out of the road and call 911. Stay inside until help arrives and turn on your hazard lights if you can't move.

When calling 911, if you have suspicion that the driver is drunk, you should tell the dispatcher. Police officers will arrive to the scene and do field sobriety tests on the driver right at the accident scene in most cases. It's best to not confront a driver you suspect is drunk. Just wait for direction from police officers.

2. Get Medical Attention Immediately After a Drunk Driving Accident

Even if you don't seem to have injuries, you should get medical care, even if it's just getting a quick exam by medical professionals. Oftentimes, an injured person doesn't feel like they are injured but some injuries sustained could hide until the days or weeks following the crash. Common injuries in car accidents with drunk drivers include traumatic brain injuries, internal bleeding, neck injuries, soft tissue injuries, and broken bones.

Quick medical care not only protects your health and checks for physical injuries following a crash with an intoxicated driver, but it also creates a timeline that can link your injuries to the accident. This is vital if you want to file legal claims against the at-fault driver.

In Iowa, you can obtain compensation for both economic and non-economic damages, which is why it's so important to seek medical attention as soon as possible. Medical treatment and medical records can be extremely important for insurance claims and legal proceedings.

3. Gather Evidence at the Scene

If you are able, it's always a good idea to get evidence at the scene before leaving. If not, perhaps a family member who was there can do it while emergency services are working on your injuries.

Some of the evidence you should attempt to collect include:

• Photos of all vehicles involved, including close-ups of damage.

• Pictures of skid marks, debris, and surrounding traffic signs or traffic signals.

• Contact information for witnesses who saw the accident occur.

• The drunk driver’s name, license plate, and try to exchange insurance information with all potentially liable parties.

Try to note any signs of intoxication you observe—slurred speech, the smell of alcohol, prescription drugs, or unsteady movement. These details can later support your claim that the driver was impaired and ensure legal outcomes work in your favor when you seek compensation.

4. Cooperate with Law Enforcement At the Scene of a Car Crash

When police arrive, speak to them and give them an honest account of what happened, but don't speculate or place blame. It's best to let them figure it out.

Ask for the police report number and the officer's contact information. When the report is available, it will show information about the impaired driver's condition and if they were charged with Operating While Intoxicated (OWI), which is Iowa's form of DUI conviction.

5. Notify Your Insurance Provider

Following the accident, it's also very important to report the incident to your insurance company. Explain the facts but never admit fault or minimize your injuries. Even your own insurance company won't have your best interest in mind.

Depending on the insurance policy the other driver has, keep in mind that you may need to file a claim with your own uninsured/underinsured motorist coverage (UM/UIM).

It can get very confusing to deal with all insurance companies, which is why it's important to work with a drunk driving accident lawyer in these cases.

6. Do Not Speak to the Drunk Driver’s Insurance Company Alone

Insurance companies representing the other driver might reach out quickly and offer a payout or try to get you to settle. Don't do this without speaking to a personal injury lawyer. They can also share details on common mistakes after a wrongful death in the family.

Once you accept a settlement in a personal injury case, you cannot pursue additional compensation later—even if your injuries worsen. This is why legal representation is so important.

A skilled Des Moines car accident lawyer will negotiate on your behalf to ensure you receive fair compensation for your medical expenses, lost wages, and emotional suffering. They can advise on what to do after a multi-vehicle car accident.

7. Keep Track of All Expenses and Records

Document everything related to the accident, including:

• Medical bills, prescriptions, and physical therapy costs.

• Time missed from work and lost wages.

• Transportation costs for medical appointments.

• Communication with insurance adjusters and medical providers.

Detailed records make it easier for Des Moines accident lawyers to calculate the full value of your damages and build a strong case for compensation.

8. Understand Iowa’s Drunk Driving Laws

Under Iowa Code §321J.2, it’s illegal to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher. However, a driver can still be charged even with a lower BAC if their ability to drive is impaired.

If the drunk driver’s negligence caused the crash, they can be held liable for all resulting damages. In addition to compensatory damages, victims may also be eligible for punitive damages, which are meant to punish particularly reckless or egregious behavior—such as driving while intoxicated.

9. File a Personal Injury Claim

Once the immediate medical and legal steps are taken, the next phase is pursuing a personal injury claim against the drunk driver.

Your attorney will gather evidence such as police reports, witness statements, toxicology results, and medical documentation to establish fault and damages. They may also work with accident reconstruction experts to prove how the crash occurred and the extent of your injuries.

In Iowa, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. Acting quickly ensures evidence is preserved and your case remains strong.

10. Hire an Experienced Car Accident Attorney

Navigating the aftermath of a drunk driving accident can be overwhelming. Having an experienced attorney by your side can make all the difference in the outcome of your case.

A Des Moines car accident lawyer can:

• Investigate the crash and collect evidence.

• Communicate with insurance companies on your behalf.

• Calculate the true value of your damages.

• Pursue full compensation through settlement or trial if necessary.

At Tom Fowler Law, the legal team understands how devastating these accidents can be. The firm works tirelessly to hold negligent drivers accountable and help victims rebuild their lives after serious crashes. Reach out for a free consultation.