Can I Seek Legal Action If the Driver Claims They Weren't Impaired?

Driver acting innocent after being pulled over for a DUI.

Being involved in a car accident is a distressing experience, especially if the other driver claims they were not impaired. In this blog post, we will explore your options and provide valuable insights to help you navigate through this challenging situation.

Gathering Evidence

The first step in seeking legal action is to gather evidence that supports your claim. This evidence can include:

  • Police Reports: Obtain a copy of the police report, which may contain crucial information about the accident and the driver's behavior.
  • Eyewitness Testimonies: Speak to any witnesses who saw the accident and ask them to provide a statement about the driver's behavior.
  • Video Footage: If there were any surveillance cameras or dashcams in the vicinity, try to obtain the footage that captures the accident.
  • Medical Records: If you sustained injuries in the accident, keep all medical records and bills as evidence of the impact the accident had on you.

Consulting an Attorney

Seeking legal advice is crucial in such cases, as an experienced attorney can guide you through the legal process and help protect your rights. They will assess the evidence you have gathered and determine the best course of action. Additionally, an attorney can negotiate with insurance companies on your behalf and represent you in court if necessary.

Proving Impairment

While the other driver may claim they were not impaired, it is essential to gather evidence that proves otherwise. Some ways to establish impairment include:

  • Field Sobriety Tests: If the police conducted any sobriety tests at the scene, the results can be used to establish impairment.
  • Blood Alcohol Concentration (BAC) Tests: Obtain the results of any BAC tests conducted on the driver. If their BAC was above the legal limit, it strengthens your case.
  • Witness Testimonies: Eyewitnesses who observed the driver's behavior before or after the accident can provide valuable accounts that support impairment.

Seeking Compensation

If you can prove that the driver was impaired at the time of the accident, you may be entitled to compensation for various damages, including:

  • Medical Expenses: Reimbursement for medical bills, ongoing treatment, and rehabilitation costs.
  • Lost Wages: Compensation for the income you lost due to the accident and your recovery period.
  • Pain and Suffering: Damages for the physical and emotional distress caused by the accident.

It is important to remember that each case is unique, and seeking legal advice tailored to your specific circumstances is crucial for a successful outcome. If you find yourself in this situation, contact the experienced attorneys at Mike Slocumb Law Firm for expert guidance and representation.

Disclaimer: This blog post is intended for informational purposes only and should not be considered legal advice. Consult with an attorney for professional advice tailored to your specific situation.

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