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.
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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