Drivers who use alcohol and other substances before taking to the road can place you and everyone else in extreme danger. If you have been the victim of an intoxicated driver, you should understand how to get some monetary compensation for those injuries. The driver may get charged with DUI, and that charge could help strengthen your personal injury case. Read on to learn more.
At the accident scene
Law enforcement personnel who respond to accident scenes are usually on the alert for signs of substance use. They may notice alcohol containers or drug paraphernalia or smell various substances on a driver's breath. In some cases, substance testing takes place on the scene, but if the driver is injured it may take place at the hospital. Testing can consist of breathalyzer, blood alcohol and urine testings, and the results are usually available a few weeks after the accident. Due to HIPPA laws, you or your personal injury lawyer may need to get a court order to obtain the result of any tests.
What you can do
If you have been injured and suspect that drugs or alcohol was a factor, be sure to speak to a personal injury attorney right away. At your initial meeting, bring along any information you have about the accident to help get your new attorney up to date quickly. One key item should be at the top of your list: the accident report. This report is completed by law enforcement personnel who responded to the scene of the accident and will contain a lot of valuable information, such as:
- Names and contact information about all involved parties
- Insurance information for all parties
- The details of the accident, such as date and time.
- In some cases, the responding officers' opinion as to how the accident happened will also be present. If signs of inebriation were observed by the officer, that will be stated in the accident report.
It should be noted that, while the accident report undoubtedly holds some needed information, should your case come to trial it will not be admissible in court. On the other hand, this report can be used as a key piece of evidence when it comes to negotiating for a settlement.
It may give you some comfort to know that the impaired driver that caused your injuries will face some serious criminal charges. Speak to a personal injury attorney as soon as possible and get the compensation you need and deserve.
