The Shoulder
The Shoulder
63
wise-swift-484

Drunk driver slammed into me at a dead stop — what actually happens next?

Still kind of in shock writing this so bear with me.

Yesterday afternoon I was completely stopped at a red light near a utility crew working on the road. Out of nowhere I get absolutely hammered from behind. Like, no brake lights, no slowdown — just full impact. I wasn't moving at all.

Cops showed up fast and it became pretty obvious pretty quick that the other driver was wasted. Like, couldn't-walk-straight wasted. They did a field sobriety test right there on the scene and he was arrested and taken away in a squad car while I was still standing on the sidewalk with a neck brace on.

I went to urgent care that night and then the ER the next morning when the pain got worse. They're saying I have whiplash, a possible mild concussion, and some soft tissue stuff in my lower back. My head is still pounding and I can barely turn my neck.

I've already reached out to an attorney through this platform so I'm hoping to get some guidance there. But while I wait I'm just trying to understand:

  • Does the DUI arrest actually help my case or is it just a separate criminal thing?
  • His insurance has already called me twice and I haven't picked up — should I just keep ignoring them?
  • How long does something like this take to sort out?

I feel like I did everything right — stopped at a red, not on my phone, sober — and some guy who decided to drink all afternoon just blew up my whole situation. My car is probably totaled and I can barely get off the couch.

Any insight from people who've been through something like this would really help right now.

9replies

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9 replies

  • 17
    clear-heron-967

    Do NOT pick up that phone. I cannot stress this enough. The insurance company is calling you that fast because they want to get a recorded statement while you're still in pain and disoriented. Anything you say can be used to lowball or deny your claim later. Let your attorney handle all communication with them — that's literally what they're there for.

    • 9
      hopeful-neighbor426

      Seconding this. The same approach worked for me last year.

  • 13
    mellow-raven-382

    I went through something almost identical about two years ago — different circumstances but same situation where the other driver was impaired and I was completely stopped. The DUI arrest absolutely matters. My attorney explained that it creates a paper trail that's really hard for the insurance company to ignore. Hang tight, it's a slow process but being a stopped vehicle with a drunk driver on record is about as clear-cut as these cases get.

  • 10
    patient-swift-986

    Please take the concussion seriously even if it feels 'mild.' Symptoms can get worse before they get better and a lot of people push through the first few days and then crash hard. Rest your eyes, limit screens as much as you can (I know, easier said than done), stay hydrated, and go back to the ER if the headache intensifies, you feel confused, or you start vomiting. Document every single symptom in a notes app with timestamps — that stuff matters medically AND legally.

  • 15
    clever-badger-890

    Not legal advice, but generally speaking — a DUI arrest at the scene is significant in civil cases. It can support a claim for what's sometimes called punitive or exemplary damages on top of your actual losses, depending on your state. The criminal case and your civil claim run on separate tracks, so don't wait on one for the other. Good that you've already connected with an attorney. Let them run point.

  • 19
    curious-tern-572

    I used to work on the claims side of things. When a file comes in with a police report showing an at-fault DUI arrest, it gets flagged immediately internally. The early calls to you aren't goodwill — they're damage control. They want a quick, cheap settlement before you lawyer up or understand what your claim is worth. Since you already have an attorney, just forward any calls or voicemails to them and don't engage directly. You're doing the right thing.

  • 17
    spry-swan-235

    I'm so sorry this happened to you. You literally did nothing wrong and now you're stuck dealing with pain, car damage, insurance calls — it's just so unfair. Please make sure someone is checking on you physically, especially with the concussion. Don't try to tough it out alone.

  • 11
    bold-finch-412

    A couple of practical things worth knowing: First, make sure you get a copy of the full police report as soon as it's available — it will have the DUI notation and arrest details which become part of your claim file. Second, keep a daily journal of your symptoms, what you can and can't do, missed work, even stuff like not being able to sleep or needing help with normal tasks. That kind of documentation builds out the picture of how this is actually affecting your life, which matters when damages are calculated.

  • 17
    careful-marmot-738

    Short answers: Yes, the DUI helps you. No, don't talk to his insurance. Timeline depends on your recovery and how hard they fight it — could be months, could be longer if your injuries take time to fully diagnose. Focus on getting medical care, following doctor's orders, and letting your attorney work. That's literally all you can control right now.