Using Evidence of Intoxication when Demonstrating Fault for a Car Accident
Whether a person is successful when filing a civil claim after an accident depends largely on the amount of the tangible evidence that he or she collects. The types of evidence required, however, may also depend on the nature of the accident in question. Civil claims against drunk drivers, for instance, are unique in that they often involve evidence that is also used in criminal cases. Obtaining, presenting, and putting this evidence in perspective can be difficult, so if you were hurt in an accident that was caused by a drunk driver, you should speak with an experienced Fort Lauderdale DUI accident lawyer who can help give your claim the best possible chance of success.
Criminal Evidence
Drivers who cause collisions and are found to be under the influence are usually detained or arrested by police officers at the scene of the accident and later charged with DUI. These charges will be levied in criminal court, which involves the use of a different system than civil court. There can, however, be overlap when working on this type of injury claim. For instance, it is not uncommon for the evidence used by the state during the prosecution and conviction of a drunk driver, to be used to establish liability for an accident caused by the same driver. Evidence that could be used in this way includes:
- Police reports, which are drafted by the officers that responded to an accident and often contain information about who caused a crash and whether the other driver was cited for a traffic violation;
- BAC test results, which will show how much alcohol was in the at-fault driver’s blood at the time of the crash;
- Courtroom evidence, such as eyewitness testimony from bystanders, or video recordings of the crash; and
- Records of the at-fault party’s conviction for driving while under the influence.
Being involved in an accident, especially an accident caused by a drunk driver can be traumatizing, leaving injured parties to worry about medical bills, time off from work and in some tragic cases, the death of a loved one. The last thing a person in this situation may be thinking about is a civil case against the drunk driver. This is where an experienced attorney can make all the difference, as a lawyer can shoulder the burden of collecting, analyzing, and presenting convincing evidence to the court.
Call Today for Help with Your Car Accident Case
Obtaining the evidence of a driver’s level of intoxication from a criminal court is one thing. Utilizing that evidence in a way that will support a personal injury claim is another matter entirely. For this reason, victims of drunk driving accidents often require the assistance of an experienced attorney who can act on their behalf as their case develops. For help with your own drunk driving case, please call one of the dedicated Fort Lauderdale DUI accident lawyers at Boone & Davis. A member of our legal team is standing by to take your call, so don’t hesitate to contact our office at 954-566-9919 today.
Resource:
alcohol.stanford.edu/alcohol-drug-info/buzz-buzz/what-bac
