Car accidents caused by a driver under the influence of drugs or alcohol (a DUI) are particularly devastating. If you are a victim of such an accident in Virginia, you may be facing not only physical injuries but also emotional and financial burdens. Holding the at-fault driver accountable can be critical to help you regain stability. This guide will help you understand how to prove liability in a DUI car accident case, so you can take the necessary steps toward pursuing the compensation you deserve.
What Does Proving Liability Mean?
Liability refers to the legal responsibility for an accident. To hold the impaired driver accountable, you must demonstrate that their actions caused the accident and your resulting injuries or damages. Virginia, like many states, follows a contributory negligence rule, meaning if you are found even slightly at fault for the accident, it may impact or bar your ability to recover compensation. Therefore, establishing clear liability is vital for your case.
Key Elements in Proving Liability
To prove liability in a DUI car accident case, an experienced lawyer will focus on the following elements:
- Duty of Care
All drivers are expected to follow traffic laws and drive responsibly to ensure the safety of others on the road. When a driver operates a vehicle under the influence, they breach this duty.
- Breach of Duty
By driving intoxicated, the at-fault driver violates their duty of care. Evidence of intoxication, such as a failed sobriety test or high Blood Alcohol Content (BAC) level, is critical in proving this breach.
- Causation
You must show that the driver’s impaired state directly caused the accident. This requires connecting their intoxication with their inability to control the vehicle or react appropriately.
- Damages
To recover compensation, you must prove that the accident caused damages, such as medical bills, property damage, lost wages, or pain and suffering.
Collecting Evidence to Prove Liability
Building a strong case requires compelling evidence to demonstrate the other driver’s fault. Here’s what you can expect your attorney to gather for you:
1. Police Reports
When authorities respond to a DUI-related accident, they typically file a report that may include critical details like the driver’s BAC, the results of field sobriety tests, and any citations issued. Obtaining a copy of this report is essential.
2. Witness Statements
Eyewitness accounts can be invaluable in confirming the at-fault driver’s impaired state or detailing their reckless behavior leading up to the accident.
3. Video or Photo Evidence
Many police officers now wear body cameras that capture video and photographs of an accident scene, including damages to the vehicles, road conditions, and traffic signs. Traffic cam footage or business surveillance near the accident may also capture crucial evidence.
4. Medical Documentation
Your attorney will also collect your medical records, bills, and reports that reflect the injuries you sustained. These not only establish your damages but also help demonstrate the severity of the accident caused by the negligent driver.
5. Proof of Impairment
Evidence from breathalyzer or blood tests is central to proving intoxication. This data can support your claim by showing the driver was under the influence at the time of the collision.
The Role of Legal Representation
Navigating the legal complexities of a DUI accident case can be overwhelming, especially when you’re recovering from injuries. Partnering with an experienced personal injury attorney can provide you with the support and expertise you need.
An attorney can help by:
- Collecting and preserving evidence
- Communicating directly with insurance companies on your behalf
- Identifying all potential sources of compensation
- Building a strong case for your claim
- Representing you in court, if necessary
Virginia has strict deadlines, known as statutes of limitations, for filing personal injury claims. Acting promptly is important to ensure your case is heard.
Moving Forward After a Drunk Driving Accident
While no one plans to find themselves in such a challenging situation, it’s important to focus on the path forward. Proving liability in a DUI accident case is an integral part of achieving justice and obtaining financial relief for your injuries and losses.
If you or a loved one has been injured due to a drunk driver in Virginia, Obenshain Law Group is ready to help. Our Harrisonburg drunk driving accident attorneys have recovered millions of dollars for injury victims already. We are here to help you with your claim.
You don’t have to face this uphill battle alone. Allow us to lighten your burden as you focus on healing.
Contact us today at (540) 318-7360 to get started.