Car Accident Claims: 3 Ways To Support Claims That Other Party Was Driving Under The Influence
Drivers that are driving under the influence of alcohol are involved in countless vehicle crashes each year, killing around 30 people a day. Unfortunately, these numbers do not account for drivers who are driving under the influence of drugs. If you are involved in a car accident and believe that the other driver is under the influence, getting evidence to support your claims later on can be beneficial for your case. Your car accident lawyer may be able to use the evidence to further build your case. Here are 3 types of evidence you can gather to support your claims in the future.
Call the Police
Ultimately, the most damning evidence that you can in corroboration to your claims is a police report. If you believe that the other driver is driving under the influence, you should call the police even if the car accident was not very serious. This way, at least you'll get proper documentation that may support your claims. If the police suspect that the other driver is intoxicated as well, they will measure the other driver's blood alcohol content (BAC). If alcohol is detected, the BAC will be provided in the police report, and the other driver may be charged or arrested even if his or her BAC is under 0.08%.
If the BAC comes up clean, the police may then suspect that the driver is under the influence of drugs. In this event, DRE protocol will be followed. The DRE protocol is a set of actions that the police will perform to determine the physiological state of the suspect. If the suspect's physiological state is considered to be abnormal, the police officer may determine that the suspect was under the influence of certain drugs. For example, the police will look for dilated pupils, tense muscles and shaking. Unfortunately, there are many ways for the other party's attorney to contest the results of the DRE protocol. For example, the attorney may claim that the unusual physiological state is a result of taking prescribed medications or a mere response to the auto accident. While DRE protocol may not be extremely useful to you in court, it's nice to have some form of official document stating the physiological condition of the other driver at the time of the evidence.
Take Video Evidence
If you suspect that the other party is under the influence of drugs or alcohol, you should also take video evidence if possible. Video evidence is admissible in court and will clearly show how the other party was acting at the time of the accident or how he or she interacted with you. For example, if you notice that the other driver is stumbling all over the place, slurring his or her words or acting disoriented in general, you should document it.
Make sure you take clear videos that clearly show where everyone is and the face of the other driver. While the other party's attorney may argue that he or she was in shock, video evidence can help corroborate your claims.
Get Witness Testimony
Other than video evidence, witness testimony can also prove to be quite helpful in proving that the other party was at least disoriented or acting strangely at the time of the accident. Make sure you find a witness who saw the accident as it happened and stayed behind to speak with both you and the other party. Depending on the character of the witness, your car accident attorney may or may not recommend requesting him or her to testify in court on your behalf.
Your car accident attorney will generally want to speak with the witness beforehand in order to get an account of what he or she saw. Depending on the specifics of what was observed, the testimony may or may not corroborate your claims.
Conclusion
It's important to try to gather as much evidence as possible at the scene of the accident. Your car accident attorney will be able to help you build a stronger case if you have evidence that can support your claims or suspicions. If you can prove that the other driver was indeed intoxicated or under the influence, there's a better likelihood that you'll win your case and be awarded the amount of compensation you deserve.
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