If you or a loved one are injured in a car accident caused by a drunk driver, how do you prove the driver was intoxicated? How do you prove that driver is liable for your medical expenses, lost wages, emotional distress or other losses?
In order to prove liability in a personal injury or wrongful death lawsuit, you have to establish for the court that the driver had an intoxication level that made it unsafe for him or her to operate a vehicle. You will also need to show the court that he or she did not show reasonable care for the safety of the public. In many cases, you’ll have the police report of the accident, which could show the other driver’s arrest for suspicion of DUI; however, it’s unlikely that you will be able to access the defendant’s criminal file without your attorney filing a subpoena to get it.
You can also have your attorney speak with witnesses to the accident, take depositions from police officers at the accident scene or use expert witnesses to prove the defendant was impaired when the accident occurred.
You can have a lot of losses after an accident, such as medical expenses, lost wages, disfigurement, disability and much more. Future medical care may be needed, too, which can quickly add up to a substantial amount. If you are not able to return to the job you had before the accident, that can also cause you significant difficulties. Your attorney can help you seek an appropriate level of compensation for your injuries and losses.
Source: FindLaw, “Drunk Driving Accidents,” accessed March 09, 2016