Proving Negligence After A DUI Crash

Negligence in the event of a DUI crash is proven by establishing that the driver breached their duty of care by operating a vehicle while impaired and that this directly caused the accident and resulted in the related injury you are filing a claim for. The main evidence needed includes police reports, chemical tests (BAC), field sobriety results, eyewitness testimonies, and even professional accident reconstruction when necessary. All of these are crucial in order to prove DUI-related negligence for specific reasoning. Below, our colleagues at Johnson & Alday, LLC explain key factors in proving negligence after a DUI crash.

Police Reports and Arrest Records

Reported legal documentation of the DUI arrest is the strongest form of evidence when claiming impaired driving. It is not easily contestable and is solid proof.

Chemical Tests (BAC)

In the same vein, chemical tests provide physical irrefutable proof that the other party was legally intoxicated. Results from breath, blood, or urine tests that show a Blood Alcohol Concentration (BAC) above the legal limit acts as direct evidence of illegal impairment and can prove fault in a motor vehicle accident.

Officer Observations & Field Sobriety Tests

Within the police report, the officer will make notes on the other party’s behavior, and highlight certain indicators of intoxication, such as slurred speech, smell of alcohol, or glassy eyes. If the driver agrees, they may engage in field sobriety tests like the horizontal gaze nystagmus or the walk and turn, which can provide further proof of intoxication.

Witness Testimony and Surveillance Footage

Statements provided by bystanders and video from dashcams, traffic cameras, or security cameras can show signs of erratic driving behavior. This is irrefutable evidence that can be analyzed by professionals to prove that the state of the driver is in line with someone who was under the influence.

Accident Reconstruction

If necessary, specialists can analyze skid marks, vehicle damage, and black box data (EDR) to prove that the driving patterns were in line with intoxication and this impairment caused the crash.

Driver Admission

A car accident lawyer knows that the most pertinent evidence provided can be statements made by the driver at the scene. If he or she admits to drinking or admits fault that can be later proven that the collision was caused by an impaired state of mind, this can be used to prove fault most effectively.

Driving under the influence is life-threatening, and if you are involved in a motor vehicle collision where the at fault driver was impaired at the time of the accident and you are injured, the evidence is key in your personal injury case. Collisions like these are especially dangerous, and often require immediate medical care, so if you are impacted be certain to seek the medical care needed first and then focus on getting the compensation you deserve for being affected by someone else’s reckless and dangerous behavior.