Gathering Evidence If You’re Hit by a Drunk Driver

If you’ve been the victim of a drunk driver and are considering filing a property damage  or personal injury claim, you must understand how a DUI arrest will affect your settlement  negotiations. These cases progress basically the same as any other property damage or  injury claim. The difference lies in the type of evidence you’ll need to establish liability.  That is why you need to understand how drunk driving affects a claim. In this blog post,  we will provide a quick overview on how to gather evidence of liability in drunk driving  crashes. 

Types of Evidence Used in Drunk Driving Crashes 

If you were the victim of a drunk driving crash and the at fault driver received a citation  for an open container, you have a strong position when negotiating your claim. The  existence of a citation due to an open container of alcohol or an arrest for driving while intoxicated or driving under the influence should be all the evidence needed to convince  a claims adjuster that their insured was negligent. To establish a DUI or DWI after a car  accident, tell police officers if you smell alcohol or marijuana on the other driver’s breath.  In the time it takes police to arrive to the scene, the other driver may use a breath spray  or otherwise try to conceal the odor. If you alert the police about the smell, they may  administer a field sobriety test. If you see the driver use eye drops, they may be under  the influence of marijuana, medication, or some other drug that may not be immediately  detectable. Telling the police, you saw the other driver use eye drops may be enough to  prompt them to administer a drug test. Watch to see if the other driver tries to dispose of  beer cans, bottles of alcohol, or drug paraphernalia. If you saw the other driver disposing  of any of these items, make sure you point it out to the police officers. Also, make sure  you know which person was driving the vehicle at the time of the accident. Another tactic  used by drunk drivers is to switch places with one of the passengers who hasn’t been  drinking. Remember, you always need to be thinking about securing proof to support your  claim of drunk or impaired driving. Securing proof of drunk driving shouldn’t be difficult,  police reports contain a separate section entitled contributory factors. An investigating  officer will make entries in that section about outside factors they believe contributed to  the drunk driving crash. The officer will enter any of the at fault drivers’ actions that they  determine are the direct and proximate cause of the accident. Police reports are available within a few days after an accident and can be purchased for a nominal fee. 

Let Our Accident Lawyer in Miami Help! Schedule a Free Consultation Today! 

Personal injury claims arise out of many different situations, including car accidents, truck  accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and slip and fall  accidents. Were you hurt or injured in an accident in South Florida? When someone’s  careless acts injure a victim, these lawsuits are important ways to help victims pay for the  costs of their serious injuries. It is important to know that you may be able to recover  damages for your injury including compensation to pay for economic losses, medical  treatment and expenses, surgeries, loss of income, and more. To maintain to maintain  your civil case for damages to elements are going to be essential and must occur. There  must be a technical violation or out of a right or some type of injury and there must be  some damage. That means that to maintain an action for damages for personal injuries  you must have some type of damage that results. Our attorneys are ready to provide  proven legal representation and stand ready to protect your rights. We are available 24/7  to give you a free, no risk case consultation! 

We serve clients throughout Florida including those in the following areas: 

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,  Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester. 

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston;  and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Jaime Suarez

An experienced legal personal injury defense professional in Miami, who is dedicated to helping accident victims with personal injury cases involving automobile accidents, brain and spinal cord injuries, slip and fall accidents, prescription errors, wrongful death, and accidents at work.