If you were hurt in a drunk driving accident, you may have grounds for a personal injury claim against the impaired motorist. For your case to be successful, you must be able to prove liability, causation, and damages.
The strongest evidence of liability will depend on the circumstances, but generally speaking, the following evidence often plays a role in drunk driving accident claims:
- The official police report;
- The results of any chemical tests conducted at the scene and shortly afterward;
- Arrest records;
- Eyewitness and expert witness testimony;
- Dash cam recordings;
- Footage from surveillance cameras near the scene of the accident;
- Receipts or surveillance footage from establishments that served the motorist alcohol prior to the wreck;
- Social media posts detailing the liable party’s activities leading up to the collision; and
- Cell phone records.
Some of this evidence is easy to gather, but it may be necessary to apply legal pressure to obtain cell phone records and other documentation. A seasoned DUI accident lawyer can help you compile this evidence and pull together the relevant facts to give your case the best possible chance of resulting in a fair settlement.
How to Prove Damages After a Drunk Driving Accident
Gathering evidence of liability is only half the battle. To secure a financial recovery, you must also prove the kinds of damages you’ve incurred and their value. Evidence of damages might include:
- Medical records;
- Hospital bills;
- Paystubs or income statements noting missed work;
- Estimates from your mechanic for making vehicle repairs;
- Records, receipts, and invoices for other economic damages like child care, domestic help, alternative transportation, medical equipment, and home care;
- Personal injury journal entries;
- Photographs of any scarring, disfigurement, or visible wounds;
- Statements from medical experts explaining your prognosis; and
- Testimony from loved ones discussing the ways in which the injuries appear to be affecting your quality of life.
Drunk driving accidents are one of the few scenarios in which punitive damages may be warranted. The same evidence that your attorney uses to prove liability may also help prove that you should be entitled to a punitive award.
To secure punitive damages, your lawyer will need to demonstrate how the defendant’s actions constituted gross negligence. Any evidence that proves the driver was impaired at the time of the crash—including the police report and chemical test results—can be used to demonstrate that punitive damages may be warranted.
Call 877-231-1600 for a Free Consultation with a Jackson Car Accident Attorney
If you were hurt in a collision with an impaired motorist, contact Coxwell & Associates to determine the best way to proceed. Unlike general practice firms, we focus on only a few areas of the law to ensure we can provide the most relevant, comprehensive, and up-to-date counsel possible.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.