If another driver was drunk when they crashed into you while you were walking, riding a bicycle or motorcycle, or while you were driving your car, and you were injured, you may be able to file a personal injury claim. In order to win your personal injury claim, you may have to prove that they were at fault.
If you suspect the driver is drunk, it is usually best to call the police immediately and have the driver complete a field sobriety test, use a breathalyzer, or have their blood drawn to determine their blood-alcohol level. However, if this was not done, all hope is not lost. A car accident lawyer may still be able to show that the driver was driving drunk, which may be enough to help you win your case. Here are a few of the ways a car accident lawyer can help to show that a driver was likely driving drunk when they hit and injured you:
Obtaining Video That May Show the Driver Driving Erratically
Thanks to technology, it is becoming more common for cameras to capture the things that occur on a daily basis. If a driver was driving down the road, cameras from businesses in the area and busy intersections may have caught the driver swerving or driving erratically. While this alone may not be enough to show that the driver was driving drunk, it can help to show that the driver was driving in an unsafe manner, which is likely the cause of the accident. A car accident lawyer can obtain these videos or subpoena them to use in your case.
Coming Up with Witnesses from Bars or Restaurants Who Saw the Driver Drinking
Another way that an auto accident attorney may be able to help is by obtaining witness statements or receipts from local bars, restaurants, or clubs where the driver may have been indulging in alcohol prior to the accident. If several people can place the driver at a bar and can state that they saw them drinking multiple drinks before they headed home, this can bolster your case that they were at fault.
Having Witness Statements That Show the Condition of the Driver at the Time of the Accident
The last technique a car accident attorney can use is obtaining statements from witnesses who saw the accident and/or stopped to help after the accident. If people saw the driver driving erratically and then smelled alcohol on his or her breath, saw glossy eyes, or witnessed them slurring their words, the evidence would point to the fact that the driver was under the influence at the time of the accident.
Having a drunk driver arrested or cited is the best way to prove that the driver was drunk at the time of the accident. However, in personal injury cases, you do not have to prove beyond a shadow of a doubt that the driver is guilty. You just have to be able to show that they likely were based on the preponderance of evidence. Obtaining camera footage, talking to people who saw the driver drinking, and getting witness statements from those who witnessed or helped after the accident can help you win your personal injury claim.Share
10 August 2017
Hello everyone, my name is Nina Zoulon. On this site, I am going to share information about hiring a personal injury attorney. I will also talk about my journey to procuring those services for myself. When I was a beginning driver, I was on the road constantly. During one of those excursions, a driver going the opposite direction crossed the centerline and plowed straight into my vehicle. I was trapped by the dashboard for hours while firefighters helped me escape. After the accident, the other driver tried to blame my inexperience on the accident. I hired a lawyer to help me fight the case and I won. I would like to discuss personal injury attorney services in more detail to help other people win their cases in court. Thanks.