What Evidence Do I Need To Prove The Driver Was Intoxicated?
Driving under the influence of drugs or alcohol can threaten the safety of all road users. In 2020, there were 84 DUI arrests, which led to the deaths and injuries of 11 drunk drivers from car accidents in Carson.
If a drunk driver caused your car accident in Carson, you would need evidence to prove that the driver was intoxicated. Among these pieces of evidence are:
- admission of guilt or responsibility,
- physical evidence at the accident scene,
- witness testimony, or
- police report.
While proving a DUI case may seem straightforward, some at-fault drivers flee the scene just to escape the financial responsibilities associated with the crash. This is why obtaining evidence at the accident scene is vital to proving that the car accident was due to a drunk driver’s negligence.
Evidence 1: Admission of Guilt or Responsibility
Sometimes, a DUI car accident may be easy to prove if the driver admits fault at the accident scene. However, how will you know if the driver accepts responsibility for the crash? There are several circumstances to determine the drunk driver’s guilt in an accident scene, such as:
- The drunk driver apologizes after hitting you,
- They offer initial monetary compensation at the accident scene to quickly resolve the issue, or
- They try to flee the accident scene without providing their contact information.
When any of these circumstances happen, share this information with the police officers who respond at the Carson car accident scene. They will use this as evidence to make an initial report about the cause of the collision.
Evidence 2: Physical Evidence at the Accident Scene
When you are involved in a car accident in Carson, you must keep your eyes open for possible evidence in the accident scene itself. Check for any physical evidence of alcohol in the drunk driver’s vehicle, receipts of alcohol or any other items that may indicate intoxication. You may want to:
- Stay calm and ask for the driver’s personal information, such as
- name,
- home address,
- driver’s license number, and
- insurance provider.
- Capture the Carson car accident scene.
Take photos of your vehicle and property damages within the location of the accident. You must also document the damages to the drunk driver’s vehicle and the evidence of alcohol if there are any. - Share the evidence you gathered with the police and create your copy if your lawyer requires these documents.
Evidence 3: Witness Testimony
If there are witnesses to your car accident in Carson, you must do the following:
- Ask for the contact details of the witnesses, such as:
- their names
- phone numbers, and
- copy of any valid ID to validate their identity.
In most cases, your attorney will use this information to contact them and gather statements accordingly.
- Document their statements at the accident scene.
You may also ask for the witnesses’ statements at the scene of the crash while waiting for law enforcement to respond. However, the other driver’s insurance provider may invalidate the testimony since you took these alone. You must gather their contact information in case this argument arises. - Share the testimonies with the police officers and your injury lawyer.
Evidence 4: Police Report
Usually, the police officer who responds to the Carson car accident scene will make a report stating the following:
- the exact date, time, and location of the car accident in Carson,
- the road and weather conditions at the time of the crash,
- the description of the vehicles involved,
- the specific details of the accident, such as the damages and negligence if suspected.
- a diagram or demonstration of the collision,
- personal information of the individuals involved in the accident, and
- a description of the property damage, if there is any.
In most cases, the insurance provider will ask for the accident report and check the details of the crash. If the evidence shows that their client is at fault, they will likely offer compensation promptly. However, you must note that initial offers from insurance companies rarely cover the entirety of damages in most car accidents. Remember that insurance’s top priority is to pay the least possible amount to you.
Is the initial offer enough? Consider the following damages that you are entitled to:
What Is The Average Settlement for A Car Accident?
How do Personal Injury Lawyers Manage to Get High Settlements for Their Clients?
What Happens If I Don’t Have Evidence To Support My Claim?
Sometimes, gathering evidence at the car accident scene is physically impossible if you incur severe bodily injuries from the crash. When you experience this, hiring a personal injury lawyer is your next option to win your case.
A personal injury lawyer will:
- Examine the nature of your car accident in Carson, such as how the collision happened and what caused it.
- Gather evidence that will prove your case.
- Calculate the total damages.
- Meet legal requirements and deadlines.
- Negotiate for a fair settlement.
- Proceed to trial if necessary.
While it may seem futile to win a case without evidence, your attorney has experience exploring all factors that may help you prove your case and receive the compensation you deserve. Jacoby & Meyers has competent injury lawyers who can provide quality service and defend your claim. We extend our assistance to victims of car accidents in Carson. Contact us at 800-922-2222 for a free consultation. We want to help you today!
Call or text 888-522-6291 or complete a Free Case Evaluation form