Wednesday, January 20, 2016

How to Gather Evidence to Prove Liability in a Drunk Driving Accident

If you happen to be the victim of a drunk driving accident and wish to handle your personal injury of property damage claim, you ought to have a decent idea as to how a DUI arrest can impact your settlement negotiations.

For the most part, the act of drinking on the part of the at-fault driver caused him/her to be negligent while operating the vehicle and those actions are the direct as well as proximate cause of the accident. This is means that it was not the drinking but the negligence that resulted in the collision. This is what must be proved in court and you will certainly need a Portland, OR drunk driving accident lawyers to help you in this endeavor. This is where the legal skills of Douglas Green should enter the picture in your life.

Intoxication in Claim Negotiations

In cases involving drunk driving, the existence of a citation for an open container of alcohol or a DUI arrest is all the proof you require to convince the insurance claims adjuster that his/her insured was indeed negligent. In the opinion of Northeast Oregon, DUI attorneys this is also sufficient evidence that can be presented to a judge and jury to grant a verdict in your favor.

This verdict could potentially be a much larger sum than what you may negotiate with the insurance claims adjuster and is an ace up your sleeve that can be used during negotiations with the claims adjuster.

However, the first step is to go about gathering evidence to provide liability following the drunk driving accident. Once you have your case established, good things should follow. You deserve this, this negligent person disrespected your right to live and be happy.

Do not get cheated like the NBA cheated the Portland Trail Blazers in 2000 against the Lakers. If you are a victim of drunk driver, you need a Portland drunk driving accident lawyer and the top legal professional on the roster is Douglas Green. He can be reached right here: http://www.douglasgreenattorney.com/.
Ways to Establish DWI or DUI

If you smell marijuana or alcohol on the other driver’s breath, inform the police officers of it. By the time the police reach the scene of the accident, the other driver might make use of a mouth freshener to conceal any odor. By alerting the police they are likely to subject the other driver to a field sobriety test.

Another tactic to conceal blurry vision or bloodshot eyes is to use eye drops. The other driver might be under the influence of prescription/non-prescription medications, marijuana or some other drugs where eye drops could suppress any symptoms. Inform the police of this so that they may go ahead with a drug test. In addition, make sure to find out if the at-fault driver attempts to discard beer cans, liquor bottles, or any drug paraphernalia and report the same to the police.

For your Portland, Oregon drunk driving accident lawyer’s sake which should be Douglas Green it is also important to identify who was driving at the time of the DUI accident. It is not uncommon for a drunk driver to swap seats with another passenger who is sober. If you notice this, inform the police right away – right when show up.

Do not try to call them out before the police arrive. It could be just you and them and no one else around. You do not want a confrontation with these types of numbers. What if the police do not show up on time? They could have a more pressing situation. You may not even want to swap insurance information with the other driver if they seem to be a possible threat. Wait for the police to arrive to squash the situation and alleviate any tension.


With the help of a legal professional it is not difficult to obtain evidence of drunk driving. Another critical piece of evidence is the police report which features a section on ‘Contributory Factors’. The investigating officers will make entries under that section concerning the external factors they believed caused the drunk driving accident.

You should obtain a copy of this report since it is your strongest proof of the other driver’s negligence. The report is available with investigating officer's police precinct, for a small fee, of about $10.00.

It is important to understand that gathering evidence in a DUI accident and the procedures involved can be a daunting task that could be impossible to accomplish alone. Therefore, it is prudent to hire a Northwest Oregon or Portland DUI lawyer as soon as possible to assist with gathering proof and in negotiations with the adjuster or represent you effectively in court if the case goes to trial. This is where Douglas Green should come into your world since he can help you make this situation right. 

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