In personal injury cases that involve motor vehicle accidents, to pursue and recover monetary compensation, the accident victim must prove that the at-fault driver breached the duty of care (to drive as a reasonably safe driver would under similar circumstances). In cases where an intoxicated driver was arrested or cited for a DUI, the arrest alone may be sufficient proof of fault in your negligence case.
Additionally, when it comes to proving fault, specific documentation may become necessary. For example, the police report could be admissible for purposes of demonstrating who caused the accident and whether or not the at-fault driver was issued a citation by the police officer who responded to the scene. Police reports also typically contain a narrative description that recounts how the accident took place.
In addition to police reports, an eyewitness who saw the accident and the circumstances surrounding it may testify, for example, that the at-fault driver was weaving in and out of traffic or driving erratically just before causing the accident. Eyewitnesses may also testify about how the at-fault driver sounded after the accident (such as whether the driver was slurring their words, for example).
In addition to proving fault on the part of another driver, the accident victim must demonstrate that they suffered at least one physical injury in the accident. The accident victim must also establish that this bodily injury (or injuries) was the direct result of the subject accident. The accident victim’s attorney may introduce several vital pieces of evidence or introduce certain testimony at trial to establish the existence of this causal relationship between injury and accident. For example, the accident victim may submit photographs of the damage done to the involved vehicles (to prove that it was a significant accident), as well as photographs of the personal injuries that the accident victim suffered in the collision.
Finally, the victim of a drunk driving accident may introduce testimony from a medical expert to establish that specific injuries did directly result from the drunk driving accident. In addition to this medical testimony, the accident victim’s lawyer may introduce the medical records and bills from treatment into evidence at the personal injury trial.
If you or someone you love was involved in a car accident caused by a drunk driver, and injuries resulted, then you may be in a position to file a claim or lawsuit directly against the drunk driver for monetary compensation. The experienced Gwinnett County drunk driving accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you prove the elements of your legal claim to pursue monetary compensation for your injuries on your behalf.
