If you’re involved in a serious accident and want to build a case against the other driver, you may wonder what you’re expected to prove. As someone who is a victim of another person’s actions, you should know that your primary goal should just be to take care of yourself. At the same time, if you have proof or evidence of the other person’s impairment, that evidence could help your case and make sure that they are rightfully facing penalties in accordance with the law.
In your case, you do have the burden of proving that the other party was negligent, but that doesn’t necessarily have to include proving that they were impaired. For example, if the other party ran a red light and was intoxicated, them running the red light is really enough for you to build a case to show their negligence. However, if you took a video after the crash where there were open containers scattered on the road or there was a passenger who admitted that the driver had been drinking, then those pieces of evidence may help you make an even stronger case.
The police handle DUI testing after a crash
Something to keep in mind is that you may not need to collect evidence yourself at all. Your attorney can reach out to the police to find out if a Breathalyzer, blood or urine test was collected and if the driver will face a DUI charge. So, if the driver’s BAC came back at .17% at the scene, there is a good chance that there is enough evidence to show that they were impaired.
On the other hand, if this was impairment caused by drugs or medications, then it’s possible that the tests will come back clear and make it harder to prove that the other party was impaired.
Your personal injury claim is separate from a criminal case
Don’t forget that your personal injury claim is a civil matter, not a criminal one. As a result, you don’t need to know that the other party will be convicted for a crime before making your claim. You can make a claim right away and focus on getting the compensation you need with or without criminal charges pending.