At the outset it is vital
to understand that drunk driving laws differ from state to state. There are at
fault states and no fault states. In an at-fault state the driver who has
caused the accident due to intoxication is held responsible for the damages and
their insurance provider is made to pay compensation on behalf of their client.
Sobriety tests conducted by the first responders provide critical evidence
against the driver, say OVI lawyers from Columbus, OH.
Rules in No-fault States
In no fault states
however the injured driver cannot claim damages from the at-fault driver’s
insurer or sue the driver. Instead he/she will have to file a claim with their
insurance provider. The concept of at-fault driver is missing in these states.
If your own insurance provider refuses to honor your claim without any valid
reason, then you can authorize your legal counselor, if you do not have one
then you should find one, to sue the insurer.
It must also be
remembered that a drunk driver who was involved in an accident will receive no damage claim from their insurance
providers even when he/she is gravely injured. This rule does not apply to passengers
who might be injured due to someone else’s negligence.
Evidence in DUI Cases
Ohio OVI attorneys
point out that even when the prosecution has failed to convict the driver, the
verdict will not have any bearing on a civil suit.
The case depends on
five types of evidence:
Witnesses: Witnesses can be any
individuals from police officers and first responders such as paramedics to
passengers and bystanders. Sometimes victims are also asked to testify. For the
most part the defense will ask questions to confirm the victim’s unstable
demeanor such as slurred speech or staggering footsteps at the scene of the
crash.
If you want to see
staggering footsteps just watch the movie Independence Day. Watch Russell Casse
(Randy Quaid) when he steps out of that airplane and you see drunkenness right
before your eyes. That is OVI for sure! That is OVI without even taking a test.
He also dropped insecticide on the wrong farm. How ridiculous is that?!
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| If you have alcohol problems, you need to get help before you need an OVI lawyer from Columbus, OH. |
Field Sobriety Tests: The police officer
conducts sobriety tests and asks the driver to walk in a straight line and
repeat the alphabet backwards and so on.
Breathalyzer Tests: This happens in a
police station when the driver is asked to blow into a machine which tests the
presence of alcohol in the suspect’s breath.
Toxicology Tests: After an accident the
driver is escorted to a local hospital where blood tests are conducted to
detect traces of alcohol and other controlled substances in the blood.
Witnesses who saw the driver just before the accident: The police as
well the victim’s lawyer will question people who have interacted with the
driver just before the accident. The witnesses might be patrons of a bar or the
driver’s colleagues who were at an office event with the defendant just before
the accident. This is done to ascertain the extent of alcohol-induced
impairment of the driver, point out Columbus, OH OVI lawyers.
Pick the Phone Up
For the most part,
evidence plays a major role in capturing a drunk driver and bringing them to
the halls of justice. If you are a victim of an accident caused by a drunk driver, make sure to reach out to an Ohio OVI lawyer as soon
as possible. Your legal representative will evaluate your case and will work
towards so you can be made financially whole again.
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a birthday gift early? Well, you are about to. This website DUI-USAttorneys.com is the answer to
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