If you, or someone you care about, has become the victim of an impaired driver, there are several things to take into immediate consideration. The following are some guidelines which were suggested in a book called Winning Against DUI, written by Ivy Scarborough in 1996.

WHAT TO DO*

• CONTACT SOMEONE FROM MADD or RID and get their immediate advice. A volunteer or victim's assistant will provide counseling, information, and advice. Most volunteers are victims, and are usually available to spend time with victims' families and assist them with any problems they confront.
• CONTACT AN EXPERIENCED ATTORNEY to get legal advice about your claim for civil damages and ensure that the prosecution of the driver is handled properly. It is critical that you not take any steps of a legal or financial nature until speaking with an attorney.
• CONSIDER SPEAKING OUT, with the help of MADD or RID, against drunk driving.

WHAT NOT TO DO

 

• DO NOT DISCUSS THE ACCIDENT OR ANY ASPECT OF THE CASE with an insurance adjuster until you have legal advice.
• DO NOT MAKE ANY STATEMENT except to legitimate law enforcement investigators who are actually investigating the crash.
• DO NOT ASSUME THAT THE CRIMINAL PROSECUTION of the impaired driver will be handled promptly or to youR satisfaction. Remember that the prosecutor works for the state and does not represent individual victims. It is best to have your attorney deal with the prosecuting attorney's office.
• NOT SIGN ANY DOCUMENT or make any agreement either verbally or in writing to settle any claim without consulting an attorney.
• DO NOT DISCUSS ANY ASPECT OF YOUR CASE with a defense attorney hired by an insurance company or by the driver.
• DO NOT DELAY in getting professional help from MADD or RID and an appropriate attorney.

   

   

OTHER CONSIDERATIONS

 

• ACT QUICKLY to ensure that evidence does not grow cold. A crash should be investigated by your attorney promptly and statements taken from all witnesses before anyone becomes forgetful.
• YOU MAY WISH TO SPEAK OUT before the media to ensure that others do not become victims as you have. This is best done in consultation with your attorney and a representative of MADD.
• YOU OR YOUR FAMILY MAY BE ENTITLED TO COMPENSATION from a victim compensation fund provided under your state law.
• YOU OR YOUR FAMILY MAY BE ENTITLED TO PAYMENT of damages not only from the impaired driver, but also from his insurance company, his/her employer, your own insurance company, and maybe even the drinking establishment where the driver was served.

   

   

  *Scarborough, Ivy. Winning Against DUI: 397 Scarborough Loop, Humboldt, TN 38343. 1996.