How Can I Prove That the Other Driver Was Drunk?

If you’re in an accident caused by a drunk driver, it’s very important that you call police to the scene of the crash. If you were injured in the accident, evidence of intoxication—especially a police report—could be very important to your personal injury claim. In fact, it could even allow you to seek additional compensation from a bar or restaurant if it can be shown that they were negligently over-serving alcohol.

Even if the drunk driver is for some reason not held criminally responsible for their actions, there are still ways to hold the drunk driver financially accountable for their negligence through the civil justice system. Unlike criminal cases where guilt must be proven “beyond a reasonable doubt,” civil cases only require you to prove your case “by a preponderance of the evidence” (more likely than not).

If you have an attorney helping you with your claim, share with them any evidence you have (including witness information) as soon as possible. If it’s believed that the other driver was served in excess at a bar or restaurant prior to the wreck, your attorney can even subpoena the establishment for records in order to help prove your case.

• What Should I Do After a Car Accident?
• What If the Driver Who Hit Me Doesn’t Have Insurance?
• What Happens If I’m Partially at Fault for an Accident?