Drunk driving causes a staggering amount
of accidents every year. Just ask Debra Morgan in Dexter about that! For the
most part, these accidents happen when a drugged or intoxicated driver operates
a vehicle negligently and this negligent action is the proximate cause of the
accident. Legally, intoxication is not the cause of accident. The cause is
attributed to the driver’s negligence. The difference is subtle but it is vital
to understand this extremely critical difference.
Here is an example that can best explain
the scenario. George was arrested for causing an accident when he was driving
while intoxicated. But, technical speaking, his intoxication did not cause the
accident. He jumped a red light and that was the cause of the collision. Drunk
driving accident lawyers explain that his drinking caused him to handle his car
in an irresponsible manner, which lead to the accident.
When
can you use intoxication in your favor to obtain a decent claim?
If the at-fault
driver is arrested for a DUI or received a citation from the police,
then your prospects of receiving a suitable claim are brighter. This is only
reasonable right? And being reasonable is huge right Deputy Commissioner Rawls from
The Wire? According to acclaimed drunk driving accident attorneys this is
evidence that should be provided to the at-fault driver’s insurer to prove that
their client was guilty of driving under influence that led to the accident.
What
can you do to prove DUI?
- The police will take some time to arrive at the scene of the accident. The at-fault may use a breath freshener to mask the odor of alcohol. If you have noticed the driver applying a spray or sensed a strong smell of alcohol on his breath, inform the officers immediately.
- Often drivers use eye drops if they have consumed drugs such as marijuana or prescription and non-prescription medications. If you see the driver apply eye drops after the accident then tell the police officers about it so that they may potentially decide to conduct a drug test.
- You must also inform the officers if you have noticed that the driver had disposed of any drug paraphernalia or beer cans.
- Make sure to identify the driver. Often after an accident, the driver may switch places with a passenger who has not been drinking. Having a clear idea of who was really behind the wheels can prove most valuable in your DUI accident claim or personal injury lawsuit.
The police report has a section that
deals with factors that may have contributed to the accident. Under this
section the external factors that caused the accident are noted by the officer.
In the same copy you will find a section devoted to the direct cause of the
accident such as jumping a red light and so on. Make sure to get a copy of the
police report, which once again may prove to be vital evidence in your drunk
driving accident claim.
Other
methods you can use to prove a DUI for a claim
You can back your claim with government
or private sector institutional studies and research on court cases that are
similar. This way the insurer will know you will use the data if the matter
goes to court against the insurer.
Keep in contact with the prosecution if
a criminal case is filed against the driver – they may be contacting you too
since you are the victim. You are an essential aspect of the case. Most
importantly, if you are injured in a DUI accident, retain the
services of a drunk driving accident lawyer. The insurers will always look for
ways to minimize your claim. An adept litigator will have the expertise to
counter the intentions of the insurer to safeguard your financial interests.
In Transformers 2 Optimus Prime said
something to Sam Witwicki about not be able to choose the time and place when
you can rise up and make a massive difference. Moments like this rarely come
with our own choosing. When a drunk driver hits you it will ruin your day. It
will be unexpected and it will temporarily rearrange your life. This is why
this website was invented: Drunk-Driving-Accident.USAttorneys so legal help can be obtained easily by those that need
it. Contact us if you have any questions or concerns.
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