Drunk driving accidents are among the most serious types of traffic accidents. Driving while impaired is always negligent, so these accidents are entirely avoidable, which can make the resulting injuries more difficult to deal with. Unfortunately, impaired drivers still get behind the wheel and cause devastating accidents.
Accident victims and their families can pursue justice by filing a claim against the responsible party after a drunk driving accident. As part of their legal case, they will need to present evidence to support the legal elements of their claim.
But what is the best way to collect evidence after a drunk driving accident? Continue reading to learn more about how to collect evidence after a collision with a drunk driver.
If you suffered an injury or a loved one has died in a drunk driving accident, you need an attorney. Contact a drunk driving accident lawyer immediately after an accident to learn how to protect your legal rights and pursue financial compensation.
Drunk Driving Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), there are a significant number of alcohol-related traffic accidents each year. The NHTSA reports that 37 people die in drunk driving accidents every day across the United States. In a recent year, 13,524 people lost their lives in an alcohol-related accident nationwide.
After suffering an injury or losing a loved one in a drunk driving accident, an experienced attorney can help you recover financially. Contact a drunk driving accident lawyer if you or a loved one suffered an injury or was killed in an alcohol-related accident.
How Do I Collect Evidence After a Drunk Driving Accident
What you do after a drunk driving accident will affect the overall outcome of your case. Collecting all available evidence after an accident is the best way to set yourself up for success after a drunk driving accident. Consider the following as you begin collecting evidence after the crash.
Seek Medical Attention
Your physical well-being is the priority after a drunk driving accident. Get a medical examination after getting into an accident, even if you do not think your injuries are serious.
You should always follow your physician’s instructions entirely. Insurance companies will pounce on any deviation you make from your treatment plan to deny your claim. Collect your medical records and bills and share your physician’s opinion about your condition with your attorney.
Work Closely With Your Drunk Driving Accident Attorney
You should work closely with your attorney after a drunk driving accident. Share as much information as possible with your legal team. The more information your attorney has, the better the odds of a successful claim.
Crucial Evidence In a Drunk Driving Accident Case
There are crucial pieces of evidence that you should collect after a drunk driving accident. Working with an attorney can help access this evidence to support your compensation case. Here are some of the most important types of evidence drunk driving accident victims and their attorneys should collect.
Breathalyzer And Field Sobriety Test
Breathalyzer and field sobriety tests are administered on suspicion of drunk driving. Collecting the results of these tests is critical to getting full and fair compensation after an accident. A driver’s failure to submit to a test can also be used as evidence in a drunk driving case.
Financial Records
Evidence of the proof of purchase of alcohol at liquor stores or bars, for example, might be used as evidence to prove the likelihood of the driver’s intoxication. Proof of purchase can also help hold a bar or restaurant accountable for knowingly overserving an intoxicated patron.
Accident Reconstruction
An accident reconstructionist is a professional who analyzes the facts surrounding a crash. This service can be especially beneficial in drunk driving accidents. An accident reconstructionist can help you and your attorney by analyzing the accident scene, vehicle damage, and witness statements to help understand the cause of the accident.
Black Box Data
Event data recorders (EDRs) (also known as “Black Boxes”) can reveal important information, particularly regarding proof of liability. Examples of Black Box data include seatbelt usage, brake usage, and speed at the time of impact. You might have trouble accessing Black Box data without legal assistance. A drunk driving accident attorney can help get the information that you need.
What Should I Do After Getting Hurt In a Drunk Driving Accident?
In addition to the above information, you should consider gathering and keeping some of the following information. Consider taking the following steps to protect your legal rights after a drunk driving accident.
Speak To An Attorney Immediately
Speak to an attorney immediately after getting injured in a drunk driving accident. It is important to speak to a drunk driving accident attorney, especially if you have suffered significant damages, injuries, or disputes regarding the fault. An attorney can handle your entire drunk driving accident case and protect your legal rights after a crash.
Keep And Document All Correspondence From The Insurance Company
The terms of your insurance policy likely require that you make a report after an accident. Whether the insurance company calls, emails, or sends letters through the mail, make sure to keep copies and document any communication attempts and conversations. Share this information with your attorney.
Take Notes
Writing down the events surrounding the accident will help keep the details about the crash fresh in your mind. Take note of important details like the date, time of day, weather conditions, and any other factors that stand out to you. Share this information with your attorney.
File a Police Report
Depending on the laws of your state, you may be required to file a police report after a car accident. The police report is crucial because it has the responding officer’s initial narrative regarding fault. Insurance companies often use police reports during their initial investigations. Request a copy of the report and share the police report with your attorney.
Get Medical Records And Medical Bills
In addition to getting immediate medical attention after an accident and making sure to follow all of your physician’s instructions, you will want to collect your medical records and bills. Your medical records have a lot of important information about your injuries, and your ability to return to work can be gleaned from your records. Presenting medical bills gives a general idea about your economic losses after an accident. While your attorney can request copies of your medical records and bills, share this information with your lawyer if you have it at your fingertips.
Why Is Collecting Evidence Important After a Drunk Driving Accident?
Collecting evidence after a drunk driving accident is important because it can help prove that you deserve compensation after a drunk driving accident. Here are some of the most important reasons why collecting evidence after a drunk driving accident is vital.
Supporting Your Legal Claim
You need evidence to help support your legal claim. Relevant evidence can help support your insurance claim or a personal injury lawsuit.
Establish Liability
The person who is liable for causing the accident is responsible for paying the victim’s damages. Evidence of the driver’s impairment is critical to proving your case.
Support Your Insurance Claim
The insurance company will review the evidence of the accident to determine liability. The greater the amount of clear evidence, the better your odds of a successful accident claim.
Ensure Accountability
Evidence helps the law hold drunk drivers accountable for their actions. Evidence helps ensure that the responsible driver is found and held accountable. For example, evidence from a breathalyzer test after a field sobriety test helps hold drunk drivers accountable.
Provide Peace of Mind
In drunk driving accidents especially, gathering evidence that proves a drunk driving claim can provide a sense of closure for victims and their families. Evidence can help create a timeline of events for victims so they can understand how the accident happened. The availability of evidence from a drunk driving accident can answer a lot of questions for victims and their families.
Prevent Future Accidents
Evidence from the scene of a drunk driving accident can give lawmakers the data that they need to advocate for the creation and enforcement of stricter drunk driving laws. Stricter laws can contribute to the prevention of future drunk driving accidents.
Getting relevant evidence after an accident protects your legal rights after a crash and helps protect the public from negligent drivers. Working with an attorney to collect the evidence necessary to prove your damages is the best thing you can do for yourself and protect the public from drunk drivers.
Common Injuries In Drunk Driving Accidents
No two accidents are the same. The facts surrounding any drunk driving accident can cause significant injuries. Here are some potential injuries that a victim might suffer because of the decisions of an impaired driver.
- Head trauma, concussions, and traumatic brain injury (TBI)
- Paralysis
- Amputation
- Broken bones
- Lacerations
- Spinal cord damage and back injuries
- Tears and other soft tissue injuries
- Internal bleeding
- Organ damage
- Burns
- Mental and emotional trauma
- Wrongful death
How Can a Drunk Driving Accident Attorney Help Me?
After a severe accident, you need an attorney to help you recover financially. A drunk driving attorney can offer guidance and support in several important ways, including the following.
Legal Advice And Guidance
A drunk driving accident attorney can help victims and their families navigate the legal system. This is a complex area of the law, and a lawyer can help you understand your rights under the law after a drunk driving accident.
Evidence Collection And Investigation
Attorneys have more resources than the average individual to conduct a thorough investigation after a drunk driving accident. Examples of evidence that your drunk driving attorney can help collect include the following.
- Expert witness testimony
- Surveillance footage and traffic camera footage
- Police reports
- Witness statements
Discovering Liability
Determining liability is necessary to proving a drunk driving accident claim. A lawyer can help you analyze evidence to help determine liability. When there are questions of liability, your case can get very complicated. An attorney can help sort through the facts to ensure that the right people or entities take responsibility for the accident.
Settlement Negotiations
Dealing with insurance companies can be challenging for accident victims not represented by counsel. An experienced drunk driving accident attorney can help you by cutting down on the stress of the negotiation phase of your case.
Understanding Options For Compensation
Some accident victims do not know what they are entitled to recover after a drunk driving accident. A lawyer can help you understand and seek compensation for your injuries’ long-term consequences, such as physical therapy and ongoing rehabilitation services.
Thorough Understanding of the Law
Drunk driving laws vary by state. An attorney is familiar with the local laws that can affect your case. Having an attorney working for you helps ensure that you are not taken advantage of by anyone taking advantage of a complicated legal system.
What Happens If The Drunk Driver Flees The Accident Scene?
All is not lost even if the impaired driver leaves the accident scene. Many states have hit-and-run accident laws to protect accident victims. A hit-and-run accident claim only compounds potential consequences for the drunk driver. Leaving the scene after causing an accident is a crime in many states.
Attach as many details about the driver and their vehicle as possible to your memory. Share these details with your drunk driving accident lawyer.
How Long Do I Have To Sue For a Drunk Driving Accident?
The timeframe for filing a claim after a drunk driving accident depends on state law. Each state has a statute of limitations for pursuing compensation. The statute of limitations is the deadline set by state law. Complying with the statute of limitations is necessary to protect your right to sue. A drunk driving accident attorney will help you ensure you meet the statute of limitations and any other procedural rules.
Contact a Drunk Driving Accident Attorney Today!
You deserve a legal support system after a drunk driving accident. A personal injury attorney will help you and your family discover and protect your legal rights after an accident. Contact an attorney today.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
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