If you or a loved one is one of the hundreds of thousands of people hurt each year in drunk driving accidents, you may deserve financial compensation under the law.
That the driver receives a DUI conviction and even spends time in jail does nothing to pay for the harm they caused you. The drunk driver also faces civil liability for your damages, but you must seek this compensation from their insurance company.
Before getting a settlement check or jury award, you must go through a legal process and face the same challenges as in any other car accident. One aspect of a claim is that insurance companies will not simply take your word that the other driver was drunk and responsible for your accident. Instead, you must provide evidence to support these liability claims.
How do you collect evidence after a drunk driving accident? Most people have little idea even where to begin in proving their claims. Further, you might need to deal with life-changing injuries and time-consuming medical treatment.
The good news is that you do not have to figure out how to collect evidence because a Dallas drunk driving accident lawyer can do it for you.
The best way to fully protect your legal rights is to hire an experienced car accident attorney to investigate what happened and fight to get every dollar coming to you. They know what it takes to succeed in a drunk driving accident claim, and they will build the strongest case possible for you through persuasive evidence.
How to Get Compensation in a Car Accident Legal Case
There are two main steps to the legal process before you can receive financial compensation:
- Proving liability for the car accident
- Negotiating an adequate settlement with the insurance company
If you are unsatisfied with the results of the insurance claims process, you can always file a lawsuit. Insurance companies have every reason to fear being in court with you, but they will still try to prevent you from receiving your total settlement.
Refrain from trying to collect evidence independently because it may not be effective, and it can compromise your case. Always call a lawyer to do the legal work on your behalf.
You Must Always Prove that the Driver Was Responsible for Your Accident
No matter what type of car accident you are in, you have the same legal requirement and must prove that someone else was responsible to have them pay you compensation.
The core requirement is to demonstrate that someone did something unreasonable under the circumstances, and drunk driving certainly qualifies.
You might assume you have a slam-dunk, straightforward case if a drunk driver was responsible. Even in these cases, you still need to gather evidence to submit to insurance companies.
Focus on your physical recovery and allow your car accident attorney to probe the driver’s responsibility.
Evidence You May Need in a Drunk Driving Civil Case
You need evidence to prove:
- The driver owed you a duty of care
- The driver breached the duty of care (by driving drunk)
- The driver’s breach caused the accident
- You suffered injuries and damages as a result
Proving negligence and liability is more complex than simply stating, “The driver was drunk.” Your lawyer will know what evidence can prove each element.