While it may seem obvious that the other driver was intoxicated, proving this legally is the first step in personal injury claims for drunk driving accidents. Establishing that the driver was drunk strengthens your claim to enhance damages and accountability for the at-fault party.
At THE702FIRM Injury Attorneys, our legal team specializes in representing victims of drunk driving accident cases. We collect evidence, assist you with the legal process, and collaborate with professionals to establish the other driver’s impairment. Proving impaired judgment is the most important factor between a denied claim and a successful personal injury lawsuit.
Start with a consultation to learn how we can help you hold the impaired driver accountable and secure the rightful compensation for sustained injuries.
What Evidence Proves the Other Driver Was Drunk?
The most critical time to start building your case is immediately after the accident. Your ability to prove other driver’s intoxication after a crash often shows in the quality and quantity of evidence gathered at the accident scene.
Begin by calling the police to report the car crash. When the police officer arrives, explain why you believe the other driver is intoxicated. Common signs include:
- Slurred speech
- Glassy eyes
- Unsteady posture
- Smell of alcohol
The resulting police report becomes a key document that can support both your civil lawsuit and any criminal case against the driver.
Also, take clear photos of the vehicle damage, the road, skid marks, and any visible injuries. Collect contact information from all witnesses who may have seen the suspected impaired driver behave erratically or drink before getting behind the wheel. These individuals later provide valuable testimony about the impaired driving behavior, which helps prove their intoxication.
Gathering this information promptly can help ensure you’re prepared to take legal action against the drunk driver, thereby maximizing your chances of recovering compensation for medical treatment, property damage, and other related expenses.
How Do Police Know if a Driver Is Drunk? Blood Tests, Bac, and Legal Limits
A blood alcohol concentration (BAC) test is one of the most definitive ways to prove the other driver was impaired. If the driver’s BAC exceeds the legal limit, typically 0.08% for adults, it provides clear evidence that the person was driving under the influence. In DUI accident cases, these tests often become the centerpiece of both the criminal charges and the personal injury claim.
The police officer at the scene may conduct a blood test or administer a breathalyzer test. These results are included in the police report and can be subpoenaed by your attorney if necessary. Even if the blood test was done later at a hospital, it remains valid proof in both civil and criminal contexts.
Scientific evidence of a driver’s intoxication is important in drunk driving cases. Insurance companies and juries alike respect objective data, especially when it aligns with witness statements and observed behavior such as reckless driving.
At THE702FIRM Injury Attorneys, we work with toxicology experts to interpret and present BAC evidence that helps prove the driver’s impairment in a court of law or negotiation room.
Does Insurance Pay for Drunk Driving Car Accidents?
Yes, insurance generally does cover drunk driving accidents, though the situation can be complex. If the other driver was intoxicated, their insurance company may still be legally required to cover your damages through liability insurance.
However, if the driver’s policy lapses or if they flee the scene, you may need to use your uninsured/underinsured motorist coverage. Additionally, if the drunk driver was operating a commercial vehicle or was not the policyholder, further investigation is necessary to identify the responsible parties.
Insurers may also attempt to avoid paying out by challenging the driver’s impairment or denying liability. A lawyer from THE702FIRM Injury Attorneys can examine all insurance options, challenge denials, and help you seek compensation for everything from medical treatment to lost earning capacity.
How Do You Prove It’s Not Your Fault?
Proving you weren’t at fault in a drunk driving accident starts with evidence.
- The police report should clearly identify that the other driver was intoxicated.
- Witness statements, photos of the accident, and BAC test results all support your side. Dashcam footage or surveillance video further helps show how the crash unfolded.
- In cases where blame is disputed, expert testimony from an accident reconstructionist clarifies vehicle positions and driver behavior, providing valuable insights. You should also avoid giving recorded statements to the insurance company without your lawyer present.
THE702FIRM’s legal team helps clients prove they were not responsible and refute any claims of shared fault, ensuring that the impaired driver is held accountable for the crash and its consequences.
Get Legal Help to Hold the Drunk Driver Accountable
Drunk driving is not just irresponsible. It’s a criminal offense that destroys lives. If you’ve been injured in a drunk driving accident, now is the time to take action. Proving the other driver was drunk after a crash is the foundation for holding them accountable and recovering the compensation you need to move forward. Let THE702FIRM Injury Attorneys pursue justice on your behalf.
Call us at (702) 478-2266 or schedule a consultation online to review your case and build a strong case.
