Being hit by a drunk driver is one of the most traumatic and infuriating experiences a person can endure. Crashes involving impaired drivers often lead to severe injuries, long-term medical treatment, and overwhelming financial strain. In Jackson, Mississippi—where major roadways like I-55, I-20, and State Street see frequent DUI-related collisions—knowing what steps to take after such an incident can make a tremendous difference in protecting your health, your rights, and your financial recovery.
Immediate Steps to Take After the Crash
Your first priority is your safety. If you suspect the other driver is impaired due to alcohol or drugs, you must:
-
Call 911 immediately.
The police will document the scene, test the suspected drunk driver, and create an official report—crucial evidence for your claim. -
Seek medical attention right away.
Even if symptoms seem mild, many injuries worsen over time. Early medical records link your injuries directly to the crash. -
Do not confront the impaired driver.
Drunk drivers may be unpredictable or aggressive. -
Collect evidence if you can.
Photos, videos, witness contact information, and details about the scene can strengthen your case. -
Inform your insurance company, but do not provide detailed statements without legal advice.
These steps create a documented foundation that supports both your personal injury claim and any potential punitive damages.
Why Drunk Driving Cases Are Treated Differently
Mississippi law recognizes the seriousness of impaired driving. When a drunk driver causes an accident, the case often involves two forms of compensation:
-
Compensatory Damages – These cover your medical bills, lost wages, pain and suffering, and property damage.
-
Punitive Damages – These are intended to punish the drunk driver and discourage similar behavior from others.
While punitive damages are not available in every car accident, they frequently apply in DUI-related cases because impaired driving is considered reckless disregard for human life.
How Fault Is Proven in Drunk Driving Cases
A drunk driving case relies on evidence that shows the impaired driver caused the accident. Useful evidence includes:
-
Police reports documenting signs of impairment
-
Breath, blood, or field sobriety test results
-
Arrest records and criminal charges
-
Witness statements
-
Bodycam or dashcam footage
-
Surveillance video from nearby businesses
This evidence often makes drunk driving cases more straightforward to prove than other types of car accidents.
Insurance Challenges You May Face
Although liability may appear clear, victims frequently encounter aggressive resistance from insurance companies. Insurers may:
-
Attempt to shift partial blame onto you
-
Downplay the severity of your injuries
-
Argue your treatment was excessive or unrelated
-
Push for quick, low-value settlements
These tactics are designed to save the insurer money—not to help you heal or move forward.
Potential for Multiple Claims
A Jackson drunk driving accident may involve several avenues of compensation:
-
Liability claim against the drunk driver
-
Underinsured or uninsured motorist claim through your own policy if the driver lacks adequate coverage
-
Dram shop claim if a bar or restaurant knowingly overserved the impaired driver (limited to specific circumstances under Mississippi law)
Your attorney can identify all possible paths to ensure you receive the full amount of compensation available.
Why You Should Avoid Quick Settlements
Drunk driving accidents often involve severe injuries that require long-term care. A fast settlement rarely considers:
-
Ongoing physical therapy
-
Future surgeries
-
Loss of earning capacity
-
Long-term emotional and psychological trauma
-
Chronic pain or disability
Once you accept a settlement, you cannot seek additional compensation later—even if your condition worsens.
Call Kellum Law Firm For a Free Consultation
If you’ve been hit by a drunk driver in Jackson, Mississippi, you deserve justice and full compensation for your injuries. Kellum Law Firm, P.C. has extensive experience handling DUI-related crash claims, gathering critical evidence, and fighting insurance companies that try to minimize payouts. We will protect your rights from the start and pursue every form of compensation the law allows, including punitive damages when appropriate.
Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today for a free consultation and let us help you hold the impaired driver accountable.
