How To Collect Evidence After Being Injured In A Drunk Driving Accident

A drunk driving crash is chaotic, scary, and sometimes life-changing. The actions you take in the hours and days after the collision can make a big difference to your medical recovery and to any insurance claim or lawsuit that follows. In this blog, we walk you through what evidence to collect, how to preserve it, who to contact, and what to expect in a personal injury claim.

“Collecting evidence quickly and carefully turns what could be a fleeting memory into a durable record, and that record is what lets injured people get the medical care and compensation they need after being injured in a crash with a drunk driver.” – John J. Malm, Naperville car accident lawyer

Priorities at the Scene of the Accident

1. Get to safety and call 911. Your health and anyone else’s come first. Paramedics and police records created at the scene are critical evidence later.
2. Seek medical attention, even for “minor” injuries. Some crash injuries don’t show up immediately; a medical record from soon after the crash links injuries to the collision.
3. Call the police and insist on a report. A police crash report and any DUI arrest paperwork (officer observations, field sobriety results, breath test results, arresting officer name and badge number) are foundational.
4. Preserve evidence right away. Take photos, collect witness contacts, and keep any clothing, glasses, or other items that were damaged. Don’t throw them away, as they may be useful later.

What Evidence to Collect and How

1) Photographs and Video

• Wide shots of the crash scene showing vehicle positions, skid marks, traffic controls, and road layout.
• Closeups of vehicle damage, broken glass, bumper lettering, dents, and paint transfer.
• Photos of your injuries (bruises, cuts), clothing, and personal items (glasses, phone) showing damage.
• Capture weather, lighting, road signs, construction, and any nearby surveillance cameras (storefronts, traffic cams).

Why it matters: Photos and video preserve a scene that can be altered by towing, accident cleanup, or road repairs.

2) Witness Information

• Get full names, phone numbers, addresses, and a short note about what each witness saw (time, direction, obvious impairment cues such as slurred speech or smell of alcohol).
• Ask witnesses if they’re willing to speak later to your lawyer.

3) Police and Crash Reports

• Request the responding officer’s name, badge number, and the incident/report number.
• When the report is available, obtain a copy and review for errors (vehicle identification, time, location, statements). If a DUI arrest occurred, the report will usually note officer observations and any tests performed. These notations are admissible and important.
• Preserve any summons, charging documents, or arrest paperwork.

4) BAC Tests, Breathalyzer and Blood Evidence

• If the driver was tested at the scene (portable breath test) or at the station (evidentiary breath test), try to get exact test results, device make/model, and calibration records.
• If a blood draw occurred, obtain the lab chain-of-custody, lab report, and toxicology results.

5) Medical Records and Bills

• Save all emergency room visits, ambulance records, imaging (X-rays, CT scans), doctors’ notes, physical therapy records, prescriptions, and medical bills.
• Ask each treating provider to record the crash as the cause of the injury in the chart; contemporaneous medical documentation strongly supports causation.

6) Vehicle/Equipment Preservation

• If possible, leave the vehicle as is until photographed by police or a towing inspection. If the other driver’s car is towed, ask where it will be stored and request a police hold if you suspect evidence (like an open container) will be destroyed.
• Preserve damaged items (seatbelt, airbags, child seat) in a dry, labeled container; don’t cut or alter them.

7) Digital Evidence

• Dashcam or helmet cam footage (either yours or the other driver’s) can be decisive. Ask the other driver, witnesses, or nearby businesses for surveillance video and request it quickly, as many systems overwrite footage in days.
• Phone records and geolocation data (if legally obtainable) can sometimes establish times and movements.
• Social media: do not post about the crash, your injuries, or settlement discussions. Insurance companies and defense counsel use social posts against claimants.

How to Preserve Evidence

• Act quickly on video. Ask businesses for footage the same day; put them on notice to preserve it. If they won’t cooperate, your attorney can issue a preservation letter or subpoena.
• Demand calibration and maintenance logs for breathalyzer machines (make/model, last calibration date). Defense and prosecutors often rely on machine records.
• Get a copy of the complete police file. That includes officer notes, CAD logs, and body-worn camera footage. Body cam files are being used in more and more cases; request them early.
• Document your efforts. Keep a written log of calls, who you spoke with, dates, and any reference numbers, this helps later when reconstructing attempts to preserve evidence.

Working With the Insurance Companies

• Notify your own insurer promptly and give a basic account; avoid speculative statements. Provide factual information only (who, when, where).
• Insurers for the other driver will contact you; do not give recorded statements or sign releases without talking to an experienced Illinois car accident lawyer. Early statements can be used to downplay injuries or suggest comparative fault.
• If the other driver says “I’m sorry” or “It was my fault,” get that on record as a police statement but be cautious.

Why Having a Dedicated Illinois Car Accident Lawyer Matters

• An experienced car accident attorney will: preserve evidence legally through subpoenas and preservation letters; work with forensic experts (accident reconstruction, toxicology); handle communications with insurers; and ensure medical records and lost-wage documentation are complete.
• If the at-fault driver is criminally charged, your attorney can coordinate civil evidence collection with the criminal case (but the civil case is separate).
• Don’t delay contacting an attorney. Preservation windows for video and physical evidence are short. (If you’re in Illinois, state statutes and local rules control how and when evidence is collected; your attorney will know local procedures.)

Working With Your Injury Lawyer

Collecting evidence after a drunk-driving accident can feel overwhelming, especially while you are recovering from serious injuries. An experienced personal injury lawyer is not only your advocate but also your investigator. From day one, your attorney will:

• Secure evidence quickly. Your lawyer can send preservation letters to businesses, obtain police bodycam footage, and request surveillance video before it is erased.
• Work with experts. Accident reconstruction specialists, toxicologists, and medical experts can strengthen your case with professional testimony.
• Handle insurance companies. Insurers may pressure you to settle early or give recorded statements. Your lawyer shields you from these tactics and ensures communications are strategic.
• Calculate damages. Beyond medical bills, your attorney accounts for lost wages, future treatment, pain and suffering, and long-term impacts of the crash.
• Coordinate with the criminal case. If the drunk driver faces criminal charges, your lawyer can track that case and use its evidence in your civil claim.

Having a skilled attorney by your side means you do not have to carry the burden of evidence collection alone. Instead, you can focus on healing while your lawyer builds the strongest possible claim for justice and compensation.

Frequently Asked Questions (FAQ) About Car Accidents With Drunk Drivers

Q: Do I need the police to come or will photos be enough?
A: Always call the police. A police crash report and officer observations are official records that carry weight with insurers and courts. Photos supplement the report but don’t replace it.

Q: How soon should I get medical help?
A: Immediately. Even if you feel fine, internal injuries or soft-tissue damage may appear later. A prompt medical record linking injuries to the crash is critical for claims.

Q: What if the other driver wasn’t arrested or their BAC wasn’t tested?
A: Lack of an arrest or test doesn’t prevent a civil claim. Your evidence (photos, witness statements, surveillance video, medical records) can still prove negligence and causation.

Q: How long do I have to preserve video or surveillance evidence?
A: Many systems overwrite footage within days to weeks. Preserve video immediately by asking businesses to save it; if they won’t, your lawyer can send a legal preservation letter or subpoena.

Q: How long do I have to file a lawsuit?
A: In Illinois, for most personal injury claims the deadline is two years from the date of the injury, but exceptions exist. Check with a personal injury attorney promptly so you don’t waive your rights.

Contact the Experienced Illinois Drunk Driving Accident Injury Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we know the devastation a drunk driving accident can cause for victims and their families. Our team has years of experience investigating crashes, preserving evidence, and holding negligent drivers accountable. Our top-rated Illinois car accident attorneys work tirelessly to uncover the truth and build the strongest case possible, so our clients receive the medical care and compensation they deserve. If you or a loved one has been injured by a drunk driver in Illinois, don’t wait. Contact our office today for a free consultation. We are ready to fight for your rights and guide you every step of the way.