Tuesday, December 29, 2015

How to Gather Evidence of Liability in Drunk Driving Crashes

If you happen to be the victim of a drunk driving accident involving a truck and are concerned about your personal injury or property damage claim, you need to know just how a DUI arrest can affect the settlement negotiations of your case.

Drunk Driving can Affect Your Claim

According to Riverside County, CA drunk driving accident lawyers, in a DUI crash the element of driving under the influence signifies that the at-fault driver’s being drunk or drugged caused the negligent operation of his/her car or truck, and those actions remain the proximate and direct cause of the accident. This in turn means that it is not the intoxicated condition of the driver that caused the accident, but the driver’s negligence as a result of his/her intoxication.

If you need legal help you need to right here: http://accident.usattorneys.com/california/. You can gather all the poignant evidence in the world but if you do not know how to deploy that evidence you will be run into the ground, this time legally. You only get one shot at this. With this website, you can find that legal professional that will take your evidence and perhaps add some of their own and you two can made a lethal legal weapon. But you need a lawyer to help you deal with the other side’s attempts to swindle you and to get you agree on taking less money than what your case is worth and what you deserve. 


Proof of Intoxication

If the at-fault driver was previously arrested for DWI or DUI or received a citation from the police for an open container of alcohol, you have the necessary proof to convince the insurance adjuster that his/her insured was indeed negligent. Inform the police officer, whether you smell marijuana or alcohol originating from the other truck driver's breath.

If you see this other driver use mouth freshener or something similar to conceal the smell, make sure to notify the police who will subject him/her to a field sobriety test. In the same way, the at-fault driver might use eye drops to hide the effects of marijuana, so don’t hesitate to inform the police if you see this.

Observe if the truck driver disposed liquor bottles or beer cans, or drug paraphernalia, and notify the police immediately. California drunk driving accident attorneys stress the importance of making sure the drunk driver did not exchange places with a sober passenger. You ought to alert the police immediately of this fact too.

Proof of DUI

Police reports typically include a separate section called contributory factors under which the investigating officer makes a note of all the external factors that caused the drunk driving accident. Obtain a copy of this police report since it the strongest proof of the negligence of the at-fault driver.

This report is available for a nominal fee. In addition, it would be intelligent to consult a Riverside County, CA drunk driving accident lawyer as soon as possible, especially if you are involved in a truck accident. Trucks are governed by a different set of laws and any evidence must be obtained as soon as possible. This can only be done with the help of a lawyer.

Use Independent Sources

You may use relevant information from private and government studies of DUI accidents to sustain your evidence. When you deal with the insurance adjuster you can use all the proof you have gathered during this case, from inception. You should have a digital file and a paper file made up and you and your legal representative should be on the same page. This will also make the adjuster realize that you are ready to go to trial (or at least mediation) if the negotiations aren’t successful. 

No matter what your Riverside County drunk driving accident lawyer will play a major role in gathering evidence, dealing with the paperwork, and settle the claim with the insurance company or taking your case to court

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