How Evidence of Liability is Gathered in a Drunk Driving Crash?

Driving under the influence (DUI) is a crime where punishment varies depending on state laws. However, if the DUI results in a collision in which you are injured, then you can make a claim against the drunk driver. You will have to prove that the driver was indeed liable and that the intoxication caused the negligence that is directly responsible for the accident.

Fort Lauderdale, FL drunk driving accident lawyers such as Michael D. Leader (http://criminallawleader.com/) know that the actual cause of the collision is the negligence. It is important to understand that intoxication is not the cause of the accident. Alcohol caused the negligence which in turn led to the accident.

When you have a strong case for a claim

If you have been involved in a collision with another driver who had been found with an open container and received a citation from the police officer for the offense then you will have a strong case for a claim. Furthermore, if the at- fault driver gets arrested for a DUI then denying you a claim will be difficult for the insurance provider.

Negotiating a claim with the insurance company of the at-fault party can be tricky. Therefore, it is not a marvelous idea to handle the negotiations yourself. You ought to seek help from a Southern Florida drunk driving accident attorney.

Gathering evidence

• When you are involved in a collision the police will arrive at the scene much later, or perhaps pretty quickly depending on some luck and where the accident occurred. Therefore, you ought to attempt to determine if the driver is inebriated. If you notice that the driver is unsteady and had used a mouth freshener to mask the odor of the alcohol, notify the police when they arrive. The police will conduct a sobriety test to determine the level of intoxication.
• If you notice the driver applying eye drops, then this too must be reported to the officers. This means that the driver may have consumed some type of drugs, prescription or non-prescription. There are drugs that are not easily detectable, which is why the officers may subject the driver to a drug test.
• The at-fault driver might try to dispose of beer cans and alcohol bottles before the police responds. Make sure to inform the officers if you have noticed stuff flying out of the window after the accident or being tossed on the side of the road where you guys are at.
• Fort Lauderdale, Florida drunk driving accident lawyers (one of the best in the business, certainly in this area, perhaps the best, is Michael D. Leader) advise that often after a collision the at-fault driver switches place with a sober passenger to prove to the police that he or she was not behind the wheels at the time of the accident. This tactic is fairly common so be alert and note who was driving the vehicle at the time of the incident. Some people believe they are so clever. If they knew what they were doing was wrong they should have thought of that beforehand. 

Getting access to the police report is all you need for a claim

Police reports have a section titled Contributory Factors under which the police officer will enter the external factors that led to the accident. In DUI crashes, the blood alcohol content or BAC level is one of the most crucial pieces of evidence. The officer will also specify the acts that led to the accident in this report. This includes jumping a red light, driving erratically or speeding, running a stop sign, to name a few reasons or examples. You can get the report after a few days from the police station of the responding officer for a nominal fee.

Life is not fair. Sometimes things happen and they are out of your control. Sometimes even making things right are out of your control. If you are a victim in an accident, a DUI one as well, you need legal help. You need a Fort Lauderdale drunk driving accident lawyer by your side. This is where Michael D. Leader comes into the picture. You can find him right here: http://criminallawleader.com/. He does not transform, wear a cape or a mask, his ability comes from his legal knowledge and knowing how to hammer the guilty drunk driving driver and deal with their insurance company. Do not sign any paperwork until you speak with him!

You are in a far better position while negotiating a claim if the driver is convicted. Ask your South Florida drunk driving accident lawyer to contact the prosecutor of the case and get a copy of the conviction to be presented to the insurance company.