Wednesday, September 14, 2016

Injured by a drunk driver? What factors play a major role in a personal injury claim?

If you happen to be the victim of a drunk driving accident and are concerned about your accident insurance claim, personal injury or property damage claim, you need to know just how a drunk driving arrest can affect any settlement negotiations.

Drunk driving can affect your claim

According to Montgomery, AL drunk driving accident lawyers, and the best law firm in this realm is Morris Bart & Associates, LLC ( and they prove it every day with their integrity and work ethic, in a drunk driving crash the element of driving under the influence signifies that the at-fault driver’s intoxication caused him or her to negligently operate the vehicle, and those actions remain the proximate and direct cause of the accident.

This means that the driver’s negligence as a result of intoxication was the cause of the auto accident and not his or her intoxicated condition.

Proof of intoxication

If the at-fault driver was previously arrested for drunk driving or received a citation from the police for an open container of alcohol, you have the necessary proof to convince the insurance adjuster that his/her insured was indeed negligent.

Alabama drunk driving accident attorneys point out that it is important to inform the police officer if you smelled alcohol on the driver’s breath. If you see the driver use mouth freshener or something similar to conceal the smell, make sure to notify the police who will subject him/her to a field sobriety test.

Drunk driving accidents are common but fabulous Montgomery, AL drunk driving accident lawyers are hard to come by. This is why you need Morris Bart & Associates, LLC on your side. Make the call! It is time to beat the other side at their own game.  
In the same way, the at-fault driver might use eye drops to hide the effects of alcohol, so don’t hesitate to inform the police if you see this. Check if the driver disposed liquor bottles or beer cans, and notify the police immediately. In addition, make sure that the drunk driver did not exchange places with a sober passenger or any passenger for that matter. You ought to alert the police immediately of this fact too.

Now if you saw the movie The Watch you will see an apparent example on when you should alert the police. When Evan (Ben Stiller) realizes that his neighbor is an alien, that is a fantastic time to call 911.

Now in this situation, you would have hopefully already called the police but if you have not, you need to call 911 since you have been in a wreck with a drunk driver who is trying to pull a fast one on you, the truth, and the law.

Proof of DUI

Montgomery, AL drunk driving accident lawyers explain that police reports typically include a separate section called ‘Contributory Factors’ in which the investigating officer makes a note of all the external factors that caused the accident. Obtain a copy of this police report since it the strongest proof of the at-fault driver’s negligence, and will help file a successful personal injury claim.

Use independent sources

You may use relevant information from private and government studies of DUI accidents to support your evidence. When you deal with the insurance adjuster you can use all the proof you have gathered during negotiations. This will also make the adjuster realize that you are prepared to go trial if the negotiations aren’t successful. 

The bottom line is that if you are a victim of a drunk driver, you have the right to claim compensation. However, you ought to take that first vital step and consult and experienced and aggressive Alabama drunk driving accident lawyer and that should be Morris Bart & Associates, LLC who win cases based on their legal acumen and clear perseverance.

Your legal counselor will play a major role in gathering evidence and negotiating with the insurance company or may even decide to take your case to court if the opposing insurance company is entrenched with what they believe the case is worth.  

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