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How Can You Prove that a Driver Was Drunk?

DUI Accident Attorney Indianapolis

Drunk drivers put everyone on the road at risk. Study after study has confirmed the dangers associated with drinking and driving, yet people continue to do so on a regular basis, as evidenced by the sheer number of drunk driving accidents that take place each year in the United States.

Fortunately, if the intoxication of the other driver is typically legally sufficient to allow victims recover compensation for their injuries. But how can you prove that a driver was drunk after an accident? Here are some of the most common ways that accident victims may establish that the other driver consumed more than the legal limit at the time of an accident, and therefore secure compensation for their losses. If you have any questions or would like to discuss a specific case with an attorney, contact us online or call our office today.

Direct Evidence of Intoxication

In many car accident cases involving drunk drivers, police respond to the scene and obtain evidence of the other driver’s intoxication. This may involve simple observations on the part of the officer or chemical testing of the other driver’s blood, breath, or urine. In most cases like this, the other driver faces a criminal DUI case after the accident, and the outcome of that case (which typically is a guilty plea provided pursuant to a plea agreement) can help any civil case that victims pursue. Put simply, a driver who admits to intoxication (or whom a court convicts) in a criminal case arising from a car accident cannot turn around and claim sobriety in a civil claim arising from the same incident.

Circumstantial Evidence

In some cases, direct evidence of a driver’s intoxication at the time of an accident is not available. Perhaps the driver sped off after the accident or the police forgot or were unable to perform sobriety testing after the accident took place. Even when this occurs, however, you may gather circumstantial evidence that indicates that the driver was drunk when the accident took place. In a civil case, the plaintiff must only prove that the other driver was drunk (or otherwise negligent) by a preponderance of the evidence—meaning that the driver was more likely intoxicated than not. Circumstantial evidence can establish a likelihood of intoxication, including the testimony of a bartender who served the driver shortly before the accident, the testimony of others who witnessed the driver’s erratic behavior or drinking, or the presence of bottles or cans of alcohol in the vehicle after the accident.

Call Us Today to Schedule a Free Consultation With an Indianapolis Drunk Driving Accident Lawyer

If a drunk driver injured you in an auto accident, you have a strong chance of recovering compensation for any losses that you sustained, including damage to your vehicle, medical expenses, physical and emotional pain and suffering, and lost income. To schedule a free case evaluation with attorney Bill Hurst, call our office today at (317) 636-0808 or send us an email through our online contact form.

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney