Can I Use Proof of a DUI in my Car Accident Case?

January 31, 2019

Some of the most dangerous car accident involving drinking and driving. These days, when we talk about drunk driving, we have to take into account drugs. There are more and more accidents being caused by drug use every day.

Victims in drunk-driving accidents suffer very serious injuries. Because the other driver is drunk, they may be speeding at the time of impact. They may even hit you head-on. This is why your injuries will be so bad. You have no time to prepare for the crash.

Immediately following the accident, you need to call the police. There are a few reasons for this:

  • You need to make sure you get medical treatment. The police can make sure an ambulance is called and that you get the care you need.
  • You need a police report. The report will include very important information. Your lawyer will need this information for your case.
  • The police can check to see if the other driver was under the influence of drugs or alcohol at the time of the accident.

All of these things are crucial to your case. Your car accident lawyer in Columbia will rely on all of this to prove your case.

Your Car Accident Lawyer in Columbia Will Need the Police Report

The police report is very important in a drunk-driving accident. The report will contain information that can’t be obtained any other way. It also gives an account of the scene immediately following impact. There is no time for the other driver to sober up or change his story.

When the cops get on the scene, they’re going to check to see if either driver was under the influence. This includes both alcohol and drugs. They can also smell to see if they detect the odor of alcohol or marijuana. They can also do a field sobriety test to see if either party is impaired.

One thing the police can do is have the driver take a breathalyzer test to see if he’s drunk. If his blood alcohol content is higher than .08, he will be considered intoxicated. He will also receive a citation for this and will be arrested. A note of this will be made in the police report.

Although the police don’t have an on-the-spot drug test, this doesn’t mean they can’t do anything to check for drugs. If they see drugs in the car, they can order the driver to submit to a blood or urine test at the police station. They can also issue a warrant to submit the driver to a chemical test.

Your Accident Attorney in Columbia, South Carolina Will Check for DUI Arrest

One of the first things your accident attorney in Columbia, South Carolina will do is check for a DUI arrest. As soon as he has the police report, he will check to see if the other driver was arrested.  If he was arrested for DUI, there will be a record of it.

Your attorney can check with the local courts to see if there is a court date scheduled. He can also check to see if the other driver has a history of DUI. If he’s been convicted of DUI before, your lawyer will use this as evidence.

The great thing about a DUI arrest is that it’s per se evidence of liability. This means, if the driver is convicted of a DUI, he can’t deny responsibility for your accident. It would take an awful lot for him to convince a court that you were at fault.

Call a Car Accident Lawyer in Columbia, South Carolina Today

If you or a loved one have been injured in a drunk-driving accident, you need to contact a Car accident lawyer in Columbia, South Carolina right away. You need to act fast. You don’t want too much time to go by before you file your claim.

Your car accident lawyer will file a claim against the insurance company. If they deny your claim, he may have to file a lawsuit against the driver personally. He’ll demand that you be compensated for your damages, including:

  • Medical bills and future medical bills
  • Lost wages
  • Property damage and out of pocket expenses
  • Pain and suffering

Call and schedule your free initial consultation today. An experienced car accident attorney in Columbia can review your case. He can also let you know how much it may be worth.

The other driver will have an attorney working for him. You should too!

View these other frequently asked questions pages:

My Child Was Injured from Faulty Playground Equipment. Can I Sue for Playground Injuries?

Should I Take a Quick Auto Accident Settlement for My Wreck in Kershaw, South Carolina?

I’m Not Happy with the Verdict for My Personal Injury Claim in Camden, South Carolina. Can I Appeal?