Proving the Intoxication of a Drunk Driver Can be Difficult

Individuals hurt by drunk drivers often experience more pain and suffering than the drunk drivers themselves. Loss of wages, medical expenses, and incapacitating injuries can have a devastating impact on a person’s life. For a person to have the help he needs, sometimes it’s necessary to see an accident lawyer. This professional can assist in Proving Intoxication of a drunk driver.

In the state of Virginia, approximately 36% of deaths caused by car accidents are due to alcohol consumption. The Virginia General Assembly has tried to curtail this problem by passing legislation that allows drunk driving victims collect statutory, punitive damage awards. Typical personal injury cases only award compensatory damages. However, when it can be proven that a driver showed a conscious disregard for other drivers, a person has a favorable chance of being awarded punitive damages.

Proving Intoxication of a drunk driver can be very difficult. The insurance company of the drunk driver may invest a considerable amount of money, time, and resources trying to defend a drunk driver. Using such sources as accident reconstructionists and toxicology professionals can give an insurance company a better chance of avoiding liability. An accident attorney will often scrutinize evidence collected by police officers. This can include field notes, videos, interviews, observations of the suspect, and pictures. Using tests done, on the suspect’s breath and blood can help a lawyer prove fault on the part of the plaintiff.

In certain cases, evidence is not ascertained because of refusal to submit to a test and other reasons. When this occurs, a lawyer will create a plan to prove that the driver was intoxicated. Gaining access to hospital records and hospital screenings can give a lawyer proof that a suspect was legally intoxicated. Eyewitness testimony can give information about the condition of the suspect when the accident occurred.

A person can still collect compensatory damages when the plaintiff did not have a BAC level of 0.15 or higher. Visiting a lawyer like the ones at Dulaney Lauer & Thomas LLP will help you get your life back on track. Please call today for an initial appointment. Your life is important. Don’t let it get ruined by the actions of a drunk driver.


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