The best evidence to show intoxication in a drunk driving injury case is eyewitness testimony concerning the amount of alcohol consumed by the driver, statements made by the driver, bar or restaurant checks showing the amount of alcohol served to the driver, video of the driver consuming alcohol immediately prior to the accident, and similar evidence. Unfortunately, this evidence does not always exist. The drunk driver, for example, may have been drinking heavily at home, ran out of alcohol, and then decided to make a late night trip to a local liquor store when the accident occurred.
In these types of cases, circumstantial evidence can be critical if no eyewitnesses are available. Circumstantial evidence may be thought of as evidence other than eyewitnesses, video, or other direct evidence that proves that a certain event took place. Circumstantial evidence consists of facts from which a reasonable assumption can be made that a certain event occurred.
Circumstantial Evidence of Intoxication Can Be Deduced From a Drunk Driver’s Actions.
Did the driver cross the center line of the road, drive the wrong way on a one-way street, drive at night without lights, strike a parked car or guardrail before the accident, or drive much faster or slower than normal? These types of behaviors are not those that would be typically expected of a driver who is sober. As a result, these types of behaviors tend to suggest that the driver was impaired in some way, such as through intoxication.
Additional circumstantial evidence can be deduced from whether the accident was immediately reported to the police (a drunk driver would hesitate to report the accident until he or she sobered up); how the driver was dressed and whether the driver was acting appropriately at the accident scene; whether the road was straight or curved (if a driver cannot navigate safely on a straight road, it often indicates impairment); and whether the crash involved one or multiple vehicles (a single vehicle crash implicates only the drunk driver).
How We Help the Victims of Drunk Drivers
As a lawyer for drunk driving injury victims, I and our team will carefully investigate all the evidence in your accident to determine who may be liable for your injuries and damages. In addition to the drunk driver, other entities or people may also be liable, such as bars, restaurants, and even those who may have be responsible for defective road conditions. Once all of these potential defendants are identified, our firm seeks to hold each of them accountable for their actions and the damages that result.
Please contact me to arrange a free consultation so that we can learn about your case. We can then advise you as to how we will pursue compensation against all of those who may be responsible for your injuries.