Drunken driving is frowned upon across
the country and is a crime punishable by law. Despite the stringent and harsh
punishments that exists for drunken drivers, there are still innumerable cases
of drunk driving being reported every day. Even though they know of the
potential legal repercussions, it seems like drunk drivers still make the
decision to get behind the wheel while in an intoxicated state.
People do not care for those on drugs
either who choose to drugged drive and neither to drunk driving accident lawyers.
That is not appealing at all!
For the most part, it is unacceptable
and unfair that someone else’s lapse in judgment can injure or even kill
innocent American lives. Drunk driving is therefore not only a criminal offense
but as a drunk driving accident victim you have the legal option to file
a civil lawsuit against the drunk driver in order to recover
compensation for the damages that have been inflicted upon you.
Burden
of proof is on the plaintiff
Unfortunately, like any other civil
lawsuit, in order to receive compensatory damages in a DUI accident the
burden is upon you to prove the negligence or the liability of the defendant in
the case. This is not exactly a walk in the park and your allegations need to
be backed by evidentiary proof if you are to actually win your case. This is
why it is imperative that you hire a fabulous and committed drunk driving
accident lawyer available to represent you as he or she will know where to look
for evidence, and will know exactly how to present this evidence in front of a
judge and/or jury in the most effective manner.
What
are the steps to prove your claim in a drunk driving accident case
The first step would be to establish the
fact that the defendant owed you a duty, which is usually straight forward and
simple to prove. If the defendant was using public roads then he or she has a
duty to drive with consideration and care for public safety like any other
motorist. Therefore he or she owes you this duty. They do not own the road.
Like the Decepticon in Transformers who slid down the LA freeway and knocked
that bus off the road – Bonecrusher was his name – and was picking up cars and
tossing them to the side. He was killed shortly after that, he tried to take on
Optimus Prime alone and failed. Good riddance to anyone who acts like that!
Even if you do pay your taxes which most
people do it does not mean you own the road.
The second step in the equation is to
prove that the defendant breached this duty. This is the pivotal stage of the
case where you need to prove the defendant was negligence and will need
concrete evidence to do so. Evidence may be in the form of a police report,
witness statements, sobriety test results, etc.
The third step is to prove that this
breach in duty caused you damages. Your drunk driving accident lawyer will have
to show a connection between the negligent drunk driving of the defendant and
your injuries/damages. It must be proved that the negligence was the cause of
these injuries.
Lastly, you will be required to provide
an estimate of the damages you are claiming. You will need to provide medical
bills, repair bills, and so on.
If you are a victim
of a DUI accident we highly recommend that you contact a drunk driving
accident lawyer today. A legal professional will be able to put you on the best
path to victory in any type of litigation. Do not sign any paperwork with
anyone unless it is the hospital until you have spoken with a legal counselor
yet either. They are known to appear out of nowhere and offer you some cash
quickly after the crash. That amount will not be what your case is worth. No
way!
Bonecrusher could crush cars when he was
alive but nothing can crush the Internet. This is site is omnipresent and
virtually (no pun intended) indestructible. It is Drunk-Driving-Accident.USAttorneys.
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