Car crashes by intoxicated drivers or influenced driving are becoming more common. These accidents not only cause monetary damage to a DUI accident victim but also set your health way back, including stress and trauma that needs to be counseled.
If you decide to file a lawsuit against the at-fault driver, the burden of proof rests on you. As a victim, it is advisable to hire an accident lawyer who can advocate for you on legal grounds. Besides having a lawyer, you must have to help them collect the pieces of proof that will be helpful in a lawsuit and reimbursement of your damages.
These types of car crashes are commonly referred to as DUI accidents, which stands for Driving under the Influence. Accident injury lawyers are helpful in many ways. They can use the law and its terms to help you get the best possible damage reimbursement. Car accident lawyer fees are reasonable, and once you succeed in claiming compensation for damages, the fee can be easily covered.
Let’s dive into tips and advice for you to take into account if you are hit by an intoxicated driver.
8 Tips to Collect Evidence to Prove a Driver’s Intoxication in a DUI Accident
When a car is hit or gets into an accident due to an intoxicated driver, the most important thing is to collect evidence from the scene of the incident. This helps prove your claim in court so you can get what you miss or lose due to your injuries. Here are some tips that will prove your claim righteous.
1. BAC Report of the at-fault Driver
BAC (Blood Alcohol Concentration) is checked by the first responding police officer appearing on the scene to help make the decision easy. This makes the decision easy about which driver is off-limits at the standard BAC level, and this is very helpful to make your case stronger.
In a routine, this test is done by a breathalyzer by the police officer, or if the accident is severe, a blood sample can be taken by the EMTs for concrete proof.
The police officer report’s copy will be available to your lawyer from the police office. Standard limits for BAC levels are usually 0.08% for passenger vehicle drivers, 0.04% for commercial vehicle drivers, and 0.02% for minors under the age of 21.
However, these limits change from state to state, and you should get to know about the state’s law before filing a lawsuit. For instance, these limits are generally imposed in South Carolina, and you’ll know that DUI accidents are very common there, especially in Myrtle Beach.
If you happen to have a DUI accident in the area, you can get help from DUI Car Accident Attorney Myrtle Beach SC Will help you to find the evidence by various methods, Also they will help you to get approved for several permissions that are required to investigate Such as CCTV evidence, Materials collected from accident zone, This would make you feel unburdened to overlook your legal matters and make you focussed on getting your health back. Legal help is worth much as they can tackle your case through the end.
2. Police Report Copy
Police report copy plays an important role in a DUI lawsuit. The initial police report is prepared at the accident scene and contains crucial details such as the vehicle’s position, the driver’s first statement, and the physical and mental condition of the drivers involved. A police officer will also state in that report if he smells alcohol from the driver’s breath odor, the behavior of the driver, and his physical condition.
3. Body Cam Footage of Police Officer
Most police officers attach a body cam to their uniform, have you noticed? If the body cam is operational at the time or immediately after the accident, the footage can substantiate your account of the at-fault driver’s behavior and any citations issued. This also helps prove the vehicles’ positions.
This footage is also asked by your lawyer in court, and the officer is also asked to present himself in court to testify about the content of the footage.
4. Security Footage by Nearby Business
Most of the businesses alongside the road have their security cameras operating 24/7. Their footage may be asked by your lawyer and present in court to assist your claim and the actions of the at-fault driver.
5. Traffic Camera Footage
Accidents frequently occur at intersections, and it is widely known that traffic cameras are installed in numerous locations nowadays. So, in an accident that happens at an intersection, traffic camera footage may help a lot to determine the impaired driver and the causes of the accident. This is another jewel of evidence in your file for a lawsuit.
6. Proof of Injury
It is also important to know that before you claim a DUI accident loss, there must be at least one injury that you can prove that you had by an at-fault driver.
As previously mentioned, additional evidence will support your claim that the injury was a result of the driver’s intoxication.
7. Proof of Negligence
As the burden of proof is on the victim, you must prove the negligent actions of the at-fault driver and his intoxication indicators to the court. In this scenario, the security footage of nearby buildings and body cam footage of the officer on the site will help you prove your point.
Eyewitnesses in a DUI accident play a pivotal role as the jury and court see them as impartial assets in making a decision. Given that witnesses have no personal or emotional stake, they are regarded as impartial, and their witness statements hold significant value.
If a police report states any witnesses, they can be asked to present before the court, and this can make your case very strong. Moreover, eyewitnesses testify about the physical, mental, and behavioral state of the impaired driver.
If your case is right and strong, you can have your damages and losses covered by the fines and penalties the court imposes on an impaired driver.
For a DUI accident, the victim has to shoulder the burden of proof to claim the damages to be recovered as a consequence of an accident. Although a car accident attorney or car accident lawyer is there to support you in this battle for your rights, the trauma you lagged, and over the top, the burden of proof plus the financial and emotional losses.
If this happens, you must recollect yourself and stand tall with the courage to face life and find your rights. The best option is to have an auto accident lawyer that will make your shoulders lighter and support you to reimburse your damages.