5 Things to Do After a DUI Accident
Imagine you’re on your regular commute home when suddenly you’re struck by another vehicle. You pull over at a safe spot and wait for the other party to do the same.
The other car is flashing turn signals erratically and drifting out of its lane while attempting to pull over. Once you notice the driver, you can see they’re struggling to stand upright, stumbling, and upon trying to exchange information, you can smell alcohol on their breath.
DUI (driving under the influence) accidents are extremely serious and can cause severe injuries to other motorists and pedestrians. Keep reading to learn more about what to do after a DUI accident, mistakes to avoid, and why a drunk driving accident attorney in California from BD&J is who you should call!
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What Does California Consider a DUI?
Under California law, a DUI occurs when a person is impaired by drugs or alcohol and operates a vehicle. While the legal BAC (blood alcohol content) for a person is 0.08%, it is against the law to operate a vehicle while feeling any signs of impairment.
This often looks like:
- Blurry vision
- Slurred speech
- Coordination problems
- Inability to walk straight
- Drowsiness
Why Do People Drive Drunk, if It’s So Dangerous?
After an accident, many people ask, why do drunk drivers choose to get on the road? It’s obviously not beneficial for themselves or other California drivers, considering that California saw over 17,800 alcohol-involved crashes (with 3,891 of these crashes leading to fatalities or serious injuries) in 2025 alone.
Drunk driving accident attorneys in California from the BD&J team have seen drunk drivers getting on the road due to:
- Lapses in judgment fueled by alcohol
- Peer pressure
- Stubbornness
- A false sense of security if they managed to drive impaired previously
- A false belief that they’re ok to drive
- Misinformation, such as thinking one or two drinks won’t affect them or that they can ride off a buzz quickly
What to Do After a DUI Accident: Tips from a Drunk Driving Accident Attorney in California
Negligent or reckless drivers end up on the road after drinking and can cause accidents, such as rear-end collisions, t-bone accidents, and multi-vehicle pileups.
These accidents can lead to serious injuries, like catastrophic injuries, broken bones, burns, brain injuries, and much more. When you find yourself in a vehicle accident with an impaired driver, do the following:
As a Pedestrian:
- Get to a safe area of the sidewalk and check yourself for any injuries that demand immediate attention.
- Call 911 and request emergency services, including medical treatment.
- Get as much information about the driver and their vehicle, including the make, model, color, and license plate.
- Talk to any witnesses and bystanders of the scene and get their contact information as well.
- Wait for emergency services to arrive and do not leave the accident scene.
As a Driver or Other Motorist:
- Go to the shoulder of the road, or even a parking lot if available, and assess your injuries.
- Call emergency services, including medical treatment.
- Get the other driver’s information, including their license details, and make sure to take note of the make, model, and license plate of the vehicle.
- If the other driver is combative or aggressive, do not go along with them or immediately try to argue about fault for the accident.
- Take photos and videos of the accident scene, your vehicle, the other vehicle, and your injuries while you wait for the police and medical services to arrive.
Dealing with large expenses, painful injuries, and uncertainty after an accident? Book your free initial consultation with a BD&J drunk driving accident attorney in California.
3 Things to Avoid After a DUI Accident
While there are some things that you should be doing after an accident involving a drunk driver, there are other actions that can harm your health and a potential accident claim. Avoid doing these after an accident involving a drunk driver:
- Not Reporting the Accident
The first major mistake is to not report an accident when it happens. This prevents a police report from being created and can delay medical treatment for your injuries. If the accident results in injury or death, you must notify the police immediately.
- Avoiding Medical Care
Skipping over medical treatment because you don’t feel any pain or other symptoms of injuries can be one of the worst mistakes after an accident. Some injuries, like brain injuries or spine injuries, can take hours or even days to present symptoms.
Skipping medical care at the time of the accident can also minimize your injuries when it comes to an accident claim, and the other party can argue that perhaps those injuries came from a completely different incident.
- Admitting Fault or Sharing Too Much
Careful, this mistake can occur at the scene of the accident, or when discussing a claim with a claims adjuster from the other party’s insurance company. After a car accident, you want to avoid apologizing or sharing any remarks that could be taken as admissions of fault, such as your failure to brake in time, not being able to see the other driver, etc.
When speaking with insurance adjusters, you don’t want to overshare every little detail, considering most insurance companies are looking to use your words against you and lower your compensation as much as possible. Simply keep the conversation neutral and to the point.
Frequently Asked Questions
Can I File a Claim After a DUI Accident if I Wasn’t Wearing a Seatbelt?
Absolutely, if your accident was still caused by another person’s negligent driving, you can file a claim even if you had some fault for your injuries. This is due to California’s recognition of comparative negligence.
What is Comparative Negligence?
Comparative negligence is a legal doctrine recognized by California and a few other states in the country that allows injured plaintiffs who had some fault for their injuries in an accident (i.e., not wearing a seatbelt in a car accident or failing to brake in time on a motorcycle) to recover compensation.
Their compensation is simply reduced by the percentage of fault they’re found to have.
Why Do I Have to Report an Accident to My Insurance if I Didn’t Cause It?
Reporting an accident to your own insurance company can help you for various reasons, such as if the other driver doesn’t have insurance, if you need to document the accident for your own records, to let your insurance know of the accident, and to get some further guidance on the claims process.
How Can I Prove a Car Accident Wasn’t My Fault?
To prove a car accident wasn’t your fault, you must have supporting evidence. This is why documenting as much of the accident and your injuries as you can is extremely important.
Every personal injury case has a basis of proving that another person or party had a duty of care toward you, breached this care in an act of negligence and recklessness, and directly caused your injuries through this breach.
What Evidence Could Help My Claim?
Evidence that could help your claim includes photos and videos of the scene and vehicles (including dashcam footage), medical documentation of your injuries, witness testimony from other drivers/bystanders, and a police report.
What if I’m Too Impaired to Drive?
If you’re too impaired to drive, be responsible. Recognize the signs that you’re too drunk to drive and then ask a sober friend for a lift home or schedule a rideshare to get you to your next stop.
Can There Be Multiple Responsible Parties for a DUI Accident?
Absolutely, while an intoxicated driver can be the main liable party, a manufacturer can be responsible if defective products played a role in an accident, or the city may be liable for lack of road signage or poor road conditions.
How Should I Navigate Speaking with Another Person’s Insurance Company?
Keep the conversation neutral and to the point without oversharing little details. Before speaking with an insurance company, it’s always advised that you consult a personal injury attorney.
What Do I Do if the Other Driver Wasn’t Formally Charged with a DUI?
Even if the other driver wasn’t formally charged with a DUI, you can still pursue a claim for compensation. Speak to a drunk driving accident attorney in California to learn more about your options.
Why Should I Hire a Drunk Driving Accident Attorney in California from BD&J?
BD&J is a trusted law firm in California that’s been continuously fighting for the rights of injured drivers since our establishment in 2007. We’ve recovered more than $3 billion* in compensation for clients and treat every client with the utmost respect and attention they deserve throughout the legal process.
We also work on a contingency fee basis, which means that we advance all case costs and recover attorney fees from the compensation after your case is resolved. No stress for you, and no fees until we win*.
Are BD&J Accident Attorneys Bilingual?
Yes! Besides English, our attorneys speak Spanish, Farsi, Armenian, Hebrew, Russian, French, and Arabic.
How To Practice Safe Driving on the Road
While car accidents aren’t always preventable, there are some safety habits you can adopt on the road to lessen the risks. These steps include:
- Avoid any distractions. – Keep your phone out of reach, your hands on the wheel, and your eyes on the road and other vehicles.
- Keep a distance from other vehicles. – Drivers can end up making erratic movements, such as sudden turns, brakes, and accelerations, but keeping a distance from vehicles allows you enough time to stop or switch lanes if needed.
- Check your blind spots regularly. – They’re called blind spots for a reason and checking them periodically can ensure you don’t miss another vehicle while merging or doing any other maneuvers.
- Look for the signs of a drunk driver. – Cars that are suddenly speeding up or coming to a complete stop, failing to stay within their lane, using the shoulder or turn lane to drive straight, and erratically misusing turn signals can often point to an impaired driver.
- Talk to a drunk driving accident attorney in California. – DUI accidents can’t always be avoided, which is why speaking with a drunk driving accident lawyer in California can help.
California Drunk Driving Accident Attorneys Prepared to Defend Vulnerable Drivers and Their Loved Ones
Making the right choices after a DUI accident can be pivotal for the well-being of yourself, loved ones, and other innocent parties. Calling for help, avoiding confrontations with an intoxicated driver, and seeking medical treatment are a few of the most important things to do after an accident.
And of course, sitting down with a DUI accident attorney in California from BD&J. We’re available 24/7 to answer your legal questions and help you start your claim.
Call 888-648-8102 or complete our online form to get started!