How to Prove a Driver Was Drunk in a Personal Injury Case

In the event that an automobile accident involves a drunk driver being at-fault, the attorneys who are in charge of handling the case are required to demonstrate beyond any doubt that the suspected driver was in fact intoxicated. Probably the most frequent way of establishing this is presenting the court with evidence, such as blood or Breathalyzer test that demonstrates their BAC (blood alcohol content) level was over .08.

Evidence is Very Important

Regardless, when the time comes to pursue a wrongful death or personal injury claim against a driver who was perhaps intoxicated at the time of the accident, it is not absolutely required to show that the driver was without a doubt intoxicated. For example, this type of evidence in civil trials is not always held in the same standard. For you claim to be successful, you will just have to demonstrate that the other party was liable for the accident. The other driver was at-fault - they were the ones that were negligent.

However, if the driver that is suspected of DWI is in fact charged and convicted, it can make the prosecuting (or personal injury) attorney's job a lot easier, due to the fact that they have already been convicted against a significantly higher threshold. Furthermore, if the driver is not facing any criminal charge - or if the evidence to successfully convict them is not enough - this does not necessarily mean that the personal injury claim will fail.

Simple Requirements

Everything you must do is to demonstrate that the other driver was in fact liable for the accident, which in turn caused your injuries. There are many types of evidence to prove this, such as:

  • Crash and police reports
  • Testimonies from witnesses
  • Photographs or videos of the crash

Taking into consideration the fact that you will hire a personal injury attorney in the state where the accident occurred, you should definitely expect to recover a full and fair amount of compensation that you deserve against the car insurance police of the at-fault, intoxicated driver.

Were You Hurt in a Driving While Intoxicated/Driving Under the Influence Accident?

Being the injured victim of a DWI or DUI wreck can be a very painful and difficult experience. You not only have to deal with treating your injuries, you have to then wait for the staggering medical bills from the hospital or clinic to come in. Do not let the negligent actions of someone else for you to pay for something you were not responsible of causing. Contact a personal injury attorney today.

Protect Yourself. Talk to a Lawyer About Your Case

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you

Talk to a DUI Defense attorney

We've helped 115 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you