It is public knowledge that driving under the influence (DUI) or drunk driving is an offence. This puts everyone from the driver, co-passengers, and other people on the road at risk. Even driving a vehicle under the influence of drugs can be fatal. It is always useful to hail a cab or choose a sober person to be the designated driver.
A drunk driver can leave you or your loved one with personal injuries, expensive medical bills, loss or effect on the functionality of limbs, long-term medical treatment, loss of wages, funeral expenses, mental agony, and pain, vehicle damage, etc.
HOW TO PROVE THE NEGLIGENCE OF THE DRIVER IN A DRUNK DRIVING ACCIDENT CLAIM?
If the driver is caught by the police immediately after the accident, it is easy to test the driver for detecting alcohol or any substance abuse., as your attorney will ensure that the driver who was negligent and caused the accident is caught through supporting evidence.
The following requirements should be fulfilled:-
- The driver was driving under the influence of alcohol or any other substance;
- The consumption of the substance was beyond the permissible limit;
- The consumption of that substance impaired the ability of the driver to operate the vehicle, causing the accident;
- The injuries were caused by the accident.
WHAT HAPPENS WHEN YOU ARE INVOLVED IN AN ACCIDENT?
If you are not badly injured then try collecting details of all parties involved in the accident. You might want to later sue someone for negligence or their fault, these details will come in handy then. If you have a mobile phone then click the photos of vehicles involved in the crash and possibly their owners.
If any vehicle owner involved in the crash refuses to give his/her contact and insurance details, you can immediately call the police. The police must make a complaint and record the crash, if the police are involved, then it is easy for your attorney to get the details of other parties.
PROVING YOUR ACCIDENT CASE IN COURT
An experienced accident attorney will help you to prove your case to help you win a handsome settlement in court and will help you tread the path to recovery a little easier. As every accident case is different and requires a new strategy to prove the case in your favor. The following should be examined to prove a case:
- Police reports;
- Eye-witnesses of the accident;
- Witnesses which can testify to drunkenness or substance abuse of the driver; and
- Opinion of experts regarding the whole accident.
LIABILITY IN CASE OF MINORS
When an accident is caused by a minor, third-party liability may be invoked. The person that served the minor the intoxicating substance will be made liable, as he had full knowledge of the minor’s state of mind. Eg- A bar that served the minor the intoxicating substance will be liable in this case, however, it is not easy to prove so.
An experience accident attorney knows the requirements to prove the case in his favour and win a handsome settlement for his client. Seeking professional help is a must.
