Proving Negligence in a Drunk Driving Crash

Every 90 seconds, a person is injured in a drunk driving crash in the U.S. Oftentimes these victims suffer severe injuries that affect their quality of life long after the accident. While a criminal trial will determine whether or not the drunk driver is convicted of a crime, the injured victim must also file a personal injury lawsuit to recover damages.

The plaintiff in a personal injury case always bears the burden of proving the other party was negligent. Thus, if you were injured in a drunk driving crash, you will have to prove the other driver’s impairment and negligence caused your injuries.

What Evidence will Help Your Case Against the Drunk Driver?

Some important pieces of evidence in a drunk driving personal injury case include:

  1. The police report stating that the impaired driver was at fault
  2. Proof the driver was cited for and/or convicted of driving under the influence
  3. Testimony by the injured party and/or eyewitnesses who saw the accident
  4. Testimony by the police officer stating the driver was under the influence
  5. Breathalyzer test results from the accident

Fortunately, in California, if a driver is charged with DUI, that is usually enough to prove negligence. From there, you must then prove that your injuries were a direct result of the driver’s negligence. Although it might seem straightforward, this is where insurance companies can try to corner you. They can try to claim that your speed or reckless driving is what caused your injuries, as opposed to the other driver’s impairment. That is why it is important to have a personal injury attorney with experience in drunk driving cases to help prove your case and win you the compensation you need to care for your injuries.

If you are injured in a drunk driving accident, you may be able to receive compensation for special damages—medical bills, loss of income, out-of-pocket expenses, property damage—as well as general damages. Those include things such as pain and suffering, emotional distress and loss of enjoyment. Additionally, punitive damages can be sought in some instances.

“Our firm is dedicated to helping victims of drunk driving crashes get the compensation they deserve for their injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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