When someone is hurt in a drunk-driving accident, justice is usually pursued through a civil claim for injury. The criminal justice system can punish the drunk driver, but the victim can still recover for medical bills, lost wages, pain and suffering, and other damages. It takes good evidence to win a case, and the correct Drunk Driving Accident Lawyer in Athens can make a difference between being awarded justice or justice being withheld.
These are the kinds of evidence typically required to win a drunk driving injury case and how each one is crucial in establishing liability and maximizing award.
Police Report and Arrest Records
One of the earliest and most revealing pieces of evidence is the statement made by the on-scene police. The statement will usually include the officer’s observations, quotes from the people involved and witnesses, and maybe most evidentially, any indication of drunkenness. If the driver was DUI arrested, arrest record and outcomes of any breath test or field sobriety tests are significant. These reports ensure that the fault driver was intoxicated during the accident.
BAC (Blood Alcohol Content) Test Results
Evidence that the blood alcohol content (BAC) of a driver was over the lawful level of 0.08% (in Georgia) must be produced. Findings are normally achieved from breath, blood, or urine testing. An elevated BAC is strong evidence of impairment and can significantly assist in a cause of action for damages. In some instances, even a BAC below the legal limit may be suspect, especially if one can prove that the driver was sufficiently impaired to have caused an accident.
Eyewitness Testimonies
Witness testimony of someone who witnessed the accident occur or witnessed the driver in the moments before the crash can be extremely compelling. Witnesses can attest to seeing the driver swerving, running red lights, or leaving a bar inebriated. Such information confirms a history of inattentive or negligent driving after drinking.
Surveillance or Dashcam Footage
Video proof can come in handy while corroborating the testimony of a victim of the accident. Business cameras, highway cameras, or dashboard cameras can capture the behavior of the intoxicated driver before or during the accident. Such photographs can clearly identify speeding, driving while intoxicated, or disobedience of traffic laws.
Medical Records and Expert Testimony
To get compensation, the plaintiff must show the extent of the damages and link these with the accident. Medical records, reports from doctors, and treatment plans are critical in proving the physical and psychological damages caused by the accident. In more serious cases, physicians or accident reconstruction specialists are called to provide professional opinion on the extent of damage or reason for the accident. The professional opinion can validate the case of the victim and justify the compensation claimed.
Testimony of the victim
Although it is a painful step to take, the victim’s own description is usually the strongest part of the case. A concise, factual statement of the events leading up to, including, and following the accident—combined with a description of how the injury has impacted the daily routine of life—can take a long way toward determining the outcome.
Toxicology Reports and Bar Liability Evidence (if applicable)
If the intoxicated driver had been over-served at a restaurant or bar prior to driving, Georgia’s “Dram Shop” laws might be involved. Such evidence as receipts, witness testimony, or videotape of the driver being clearly drunk and continuing to have drinks ordered could hold the business responsible in part.
It is a question of having the proper evidence to establish negligence and damages in a drunk driving injury case. Although the court process may be intimidating, the victims need not face it by themselves. Having a capable Drunk Driving Accident Attorney in Athens provides the assurance that the evidence is collected, preserved, and presented effectively to provide the best opportunity at receiving the maximum compensation. If someone else’s careless choice upends your life, the law exists to help restore it.