Attorneys Robert, David and James Cody

Protecting The Rights Of The Injured Let the Codys Fight for You

5 steps to proving your accident is because of a drunk driver

On Behalf of | Oct 6, 2023 | Car Crashes |

If ever you are in a car accident, the other driver could be the one who bears responsibility. When the operator at fault is under the influence, you have an inherent interest in proving it.

Receiving justice may hinge on the quality of evidence you gather. It will help to know what actions will improve your odds of triumphing in court and preventing a similar incident.

Step #1: Document the scene

The first order of business is taking pictures. Capture images of every vehicle involved in the wreck, plus skid marks that tell the tale of how the crash unfolded.

Step #2: Look for signs of intoxication

When interacting with the other person, be observant. Key into telltale signs of drunkenness, such as slurred speech, an inability to stand up straight, bloodshot eyes or an odor of alcohol. Make mental notes and record these observations when out of view or discretely video the person on your cell phone.

Step #3: Ask the police to conduct a roadside exam

Request that the responding officers perform a field sobriety test on the suspected drunk driver. Checks may include walking straight, standing on one foot and following an object with their eyes. Watch what happens from a short distance and write down what you see.

Step #4: Gather witness statements

If observers are present, collect their contact information and ask for their version of events. Bystander testimony can play a pivotal role in reconstructing how an accident unfolded.

Step #5: Get breath test results

Police officers are most likely to administer a breath test if they believe someone is drunk. That number is meaningful, as drivers with blood alcohol concentrations over 0.10 are seven times more likely to cause a deadly wreck than sober drivers. Politely ask for the person’s BAC or seek it through official channels another day.

Despite the importance of showing that the person who smashed into you is liable for driving drunk, being healthy is what matters most. Ask someone else to carry out these duties if heading to the hospital remains the wisest decision.