If the other driver involved in your car accident was drunk, they could face criminal charges for violating. The driver could also be held liable for your damaged car and any physical injuries you or your passengers sustained in the accident.
George Sink, P.A. Injury Lawyers can help you prove liability and pursue the money that you deserve from a drunk driving accident. Call us now at (888) 612-7001 to discuss your car accident in a free, no-obligation consultation with a member of our accident team.
How Can I Prove That the Other Driver Was Drunk?
You could use a police report to prove that the driver was legally drunk at the time of the accident. If the police officer responding to the accident has reason to suspect that the other driver was drunk, the officer may choose to perform a field sobriety test. The test determines whether the officer has probable cause to arrest the driver. If the officer put handcuffs on the driver and took them away, the officer probably thought the driver was drunk.
The officer also may have used a breathalyzer to determine the driver’s Blood Alcohol Concentration (BAC) level. A driver with a BAC level over the legal limit of 0.08% is considered legally drunk. The police report should contain a record of the driver’s arrest and, sometimes, may even include details of the driver’s BAC test results.
What Other Evidence Should I Include in My Injury Case?
You may include statements from eyewitnesses who stopped after the accident or who saw the person driving erratically. You and any passengers in your vehicle can also provide statements about the other driver’s unsafe actions. You may also want to include:
- Photographs of the accident scene
- Photographs of your injuries
- Photographs of your damaged car and other vehicles involved in the wreck
- Your medical records and bills that show the nature and extent of your injuries
A car accident lawyer can investigate your accident to help you collect other relevant evidence to support your case.
What Is the Purpose of Investigating if the Other Driver Was Drunk?
There are several reasons why fully investigating a drunk driving accident is important:
- Other parties could be held liable for the accident, including the bar, restaurant, or liquor store that served or sold alcohol to the driver.
- An investigation produces proof of your financial and emotional losses from the accident, such as medical bills, property damage, and pain and suffering.
- The other driver’s auto insurance company will investigate when you file an injury claim, and the evidence you gather will help strengthen your claim and can be used to counter the insurance company’s arguments against you.
Why Is It Important to Establish Fault?
South Carolina is a comparative negligence state, meaning that you must prove that another individual was 50% or more at fault for your collision in order to recover money for your injuries. The at-fault driver’s auto insurance company usually pays for some, if not all of the damages caused by the actions of their insured.
In order to successfully hold a driver liable for your injuries, you must prove four elements of negligence:
- Duty of care: The driver owed you a duty to avoid causing you harm and to obey traffic laws, such as the laws that require individuals to drive while sober.
- Breach of duty: The driver breached this duty by consuming alcohol before driving.
- Causation: That the driver’s negligent actions caused an accident (your injuries or losses are called your Damages).
- Damages: That you suffered physical or mental damage, property damage, or other financial loss because of the accident.
How Do I File an Insurance Claim?
You may submit a claim with the at-fault driver’s insurance company. We can help you with this process as our law firm handles all aspects of the insurance claims process for our clients.
We can file claims with auto insurers on your behalf and negotiate a fair settlement for your damages. As part of your claim, you may pursue money for your:
- Lost wages
- Hospital bills
- Physical therapy
- Costs for assistive mobility devices
- Property damage
- Other related out-of-pocket expenses
What Other Types of Damages Can I Recover?
You can pursue future medical expenses if you have an injury that may require ongoing medical treatment such as a spinal cord injury or a traumatic brain injury.
If you suffered a permanent injury or disfigurement that will affect your ability to earn a living in the future, you can pursue money for loss of future income and earning potential.
If someone you love died in the accident, you may be eligible to file wrongful death and survival claims. You can pursue the money you need for your loved one’s funeral and burial expenses, medical bills, pain and suffering, and other damages. You may also qualify for punishment or punitive damages which may be awarded to punish reckless, willful and/or wanton behavior.
Let George Sink, P.A. Injury Lawyers Help You if You Are the Victim of A Drunk Driving Accident
Were you involved in an accident caused by a drunk driver? We can help you recover the money you deserve for your medical bills, lost wages, damage to your vehicle, and more. Our attorneys work on a contingency fee basis, which means you do not pay us unless you get paid.*
To find out how we can help you, call us now at (888) 612-7001 for a free consultation.