All accidents can wreak havoc with lives and cause almost endless misery, but if you are the target of a drunk driver, you may be feeling particularly victimized. You can let the courts deal with this drunk driver that caused your accident, but you must take separate actions to be fully compensated for your damages. Criminal charges are likely, but you can only be paid if you file a personal injury case, so read on to learn more.

Proving the driver who caused the wreck was under the influence

1. Blood alcohol: The criminal court system will do some of your work for you when it comes to proving that the other driver was affected by a substance, but you must be ready and aware to take action. In most cases, testing would have been carried out either at the scene or at the hospital, and the results may become available in the weeks following your accident. Your personal injury attorney will know how to procure these important results. Proving that the driver was drunk at the time of the accident can only enhance your chances of getting a fair and adequate settlement.

2. The accident report: This report is yet another important piece of evidence that could help your case. This report contains a lot of vital information, such as:

  • Contact information of all parties
  • Insurance information for all parties
  • Sketches and/or narratives of how the accident may have happened
  • Whether or not any traffic tickets or arrests were made at the scene
  • The opinion of the responding officer as to the cause of the accident.

3. Photographs and physical evidence, such as alcohol containers at the scene or video of the field sobriety tests.

Getting compensated

Anytime you are injured by another driver, you may be entitled to compensation. Being hit by a drunk driver is different, since you have more evidence of their wrongdoing on your side. You can be paid for several types of damages in this type of accident, and relying on an insurance claim won't give you the full suite of monetary compensation that pursuing a personal injury damage case will. You may be entitled to:

  • Medical expenses
  • Lost wages
  • Property loss and damage
  • Pain and suffering

and more.

Time is of the essence when it comes to forming a good case against the drunk driver, so contact professionals like Bennett & Sharp PLLC for more information.

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