As a drunk driving lawyer in St. Louis, I and our firm work hard to prove liability and damages in drunk driving cases. The first aspect to winning a drunk driving case is to prove that the other driver was in fact drunk when he or she caused your accident. In addition to police reports covering blood alcohol content, key evidence in drunk driving cases also usually includes direct evidence, such as a bar’s service of alcohol to an intoxicated customer.
Evidence from Bartenders, Waiters, and Waitresses
Bartenders, waiters, and waitresses will rarely admit when first questioned to having served a patron who was visibly intoxicated. However, when confronted under oath (such as in a deposition or at trial), they may be more truthful. This is especially the case when they are confronted with receipts detailing the amount of drinks they served to the drunk driver or to a particular group of people which included the drunk driver. They may also be more forthcoming when they learn of statements made by witnesses who saw them serving drinks to the drunk driver.
Statements by the Drunk Driver
Other sources of proof may be found such as the drunk driver’s own admissions (perhaps obtained in the course of a criminal proceeding). If the drunk driver is out with friends prior to the accident, these people can also be questioned under oath to learn whether the drunk driver made any statements about being intoxicated or to the effect that they should not be driving. These friends can also be questioned about the amount of alcohol that the drunk driver consumed, and their impressions of whether the person was in fact intoxicated.
In addition to the people who may have also been drinking with the drunk driver, other bar or restaurant patrons can be questioned to see if they observed the drunk driver, and whether the driver was in fact intoxicated. These people may also have other valuable information concerning whether the bartender, waiter, or waitress appeared to have realized that the person was inebriated, but nonetheless continued to serve alcohol to the drunk driver.
With the help of a private investigator, we are often able to uncover substantial evidence that likely will help prove the case for our clients.
Experts and Toxicologists
Additionally, experts and toxicologists are often also used in a drunk driving accident case. Experts and toxicologists can testify concerning the degree of intoxication that the driver was likely experiencing at the time of the accident based upon blood alcohol tests and other evidence concerning the amount of alcohol that was likely consumed.
In a drunk driving accident case, we carefully investigate all these aspects so that we can recover the full amount of damages due to our client. It is critical to spend the time and do the proper investigation so that the real facts of the drunk driving victims will be revealed.
Call me if you or a loved one has been the victim of a drunk driving accident – we’ll work hard to find out who is responsible so that they can be held accountable.