When you’re involved in a car accident caused by a drunk driver, proving fault is essential to recover damages. It is always wise to get legal advice after a DUI car accident to protect your rights and ensure a strong case. Here’s how a lawyer will approach proving fault in such cases.
Gathering Police Reports
One of the first steps a lawyer will take is obtaining the police report. Officers who arrive at the accident scene will often conduct field sobriety tests, breathalyzer tests, or blood tests to check the driver’s blood alcohol concentration (BAC).
If the report confirms the other driver was under the influence, it becomes key evidence. Lawyers will review these details thoroughly to establish that the driver’s impairment contributed directly to the crash.
Securing Witness Statements
Eyewitnesses play a significant role in proving fault. A lawyer will contact individuals who saw the accident to gather statements about the driver’s behavior before and during the crash.
For example, witnesses may report erratic driving, speeding, or ignoring traffic signals. These observations strengthen the argument that the driver’s intoxication led to negligent actions on the road.
Reviewing Medical Records
In DUI accident cases, the injured party’s medical records help establish the seriousness of injuries and correlate them to the collision. A lawyer will collect these documents to show how the accident harmed the victim physically and financially.
Medical reports are also useful in countering claims from the defense suggesting that injuries were minor or unrelated to the accident.
Analyzing Photographic and Video Evidence
Photographs from the scene can provide critical information about vehicle positions, damages, and road conditions. Lawyers will also seek surveillance footage from nearby businesses or traffic cameras if available.
Such evidence can show the driver’s actions moments before the crash, like failing to brake or swerving. This visual proof can be highly persuasive in court or settlement negotiations.
Working with Accident Reconstruction Experts
Sometimes, the circumstances of a crash are complex and need expert analysis. Lawyers often collaborate with accident reconstruction specialists to recreate the scene using physics and engineering principles.
These experts can illustrate how the crash occurred, what speeds were involved, and how the impaired driver’s decisions led to the collision. Their reports carry significant weight in court proceedings.
Proving BAC Levels and Impairment
To solidify a DUI-related fault claim, lawyers focus on BAC test results. If the driver had a BAC above the legal limit, it is considered per se evidence of intoxication.
However, even if the BAC was below the legal limit, lawyers can use other impairment evidence, such as slurred speech, bloodshot eyes, or failed sobriety tests, to argue that the driver was unfit to drive safely at that time.
Establishing Negligence and Causation
Proving fault requires more than showing the driver was drunk; it requires proving their impairment caused the accident. Lawyers will connect the dots between the driver’s intoxicated state and specific negligent actions that led to the collision.
For example, if a driver ran a red light while impaired and hit another car, the lawyer will show that their inability to judge traffic signals due to alcohol caused the crash.
Countering Defense Arguments
The defense may argue that other factors, such as weather conditions or the victim’s driving, contributed to the accident. Lawyers prepare to counter these claims by reinforcing evidence of impairment and negligent behavior by the DUI driver.
They may also highlight any aggravating factors, like a high BAC or prior DUI offenses, to strengthen the case for maximum compensation.
Conclusion
Proving fault in a DUI car accident case involves meticulous evidence gathering, analysis, and expert collaboration. A skilled lawyer will use police reports, medical records, witness statements, BAC results, and accident reconstruction to build a strong case. Always remember, it is crucial to get legal advice after a DUI car accident to ensure your rights are fully protected and that you receive fair compensation for your injuries and losses.
