You’re enjoying a peaceful drive under the twinkling stars, feeling the wind in your hair and the hum of the engine beneath your seat. Suddenly, without warning, your life is shattered by a reckless driver who made the selfish choice to get behind the wheel while intoxicated.
In an instant, everything changes – your hopes, dreams, and your normal life turns into a nightmare. It’s a horrifying scenario that no one should ever have to endure, yet driving under the influence (DUI) crashes continue to wreak havoc on innocent lives.
But fear not, as you are not alone in your pursuit of justice. If you find yourself the victim of a DUI crash, it’s crucial to know that the law is on your side. Proving negligence in such cases may seem difficult, but fret not!
In this blog, we’ll walk you through the essential elements required to build a solid case against the reckless driver responsible for the tragedy you’ve endured.
Table of Contents
Understand DUI Negligence: What It Means for Your Case
When it comes to proving negligence in DUI crashes, understanding the concept of negligence is a vital starting point. You might wonder, “What exactly does negligence mean for my case?” Well, in simple terms, it refers to demonstrating that the driver’s actions displayed a lack of reasonable care, resulting in the accident.
Why It Matters
You may be asking yourself, “Why does proving DUI negligence matter so much?” The answer lies in determining liability. By establishing that the driver was negligent in operating a vehicle under the influence, you can hold them accountable for their actions.
Elements to Consider
To prove DUI negligence, several critical elements need to be examined. These include establishing that the driver was, in fact, intoxicated at the time of the accident, demonstrating their duty of care towards others on the road, and showcasing how their impaired state directly led to the collision.
Being a victim of such accidents, be comfortable in the fact that others have also experienced similar accidents and fighting legal battles. Today, alcohol-impaired driving is a distressing trend on U.S. roads, as revealed by the National Safety Council. In 2021, there were 13,384 fatalities resulting from alcohol-impaired crashes, marking a distressing 14.2% rise from the previous year’s 11,718 deaths.
Given these grim figures, it becomes essential to understand the implications of such cases, which will help you seek justice and accountability.
Gather Crucial Evidence to Strengthen Your Claim
When seeking to prove negligence in DUI crashes, gathering crucial evidence is paramount to the success of your claim.
Among all other evidence, your ability to prove the driver was intoxicated during the accident could be the deciding factor in getting your case to a successful outcome. Typically, police identify whether a person is intoxicated by Blood Alcohol Concentration (BAC).
The National Highway Traffic Safety Administration (NHTSA) provides valuable tips on drunk driving and the relationship between BAC levels and the intensity of crashes. According to their data, when a person’s BAC reaches .08 grams of alcohol per deciliter (g/dL) of blood, their risk of causing a crash significantly increases.
But even with a BAC as low as .01 to .07 g/dL, driving ability can still be impaired. Sadly, in 2021, there were 2,266 alcohol-related crashes where drivers had BAC levels within this range, resulting in the tragic loss of lives. Based on the BAC reports, you can gather the necessary evidence to fortify your case and lead it to a desired outcome.
Find a Skilled Attorney to Prove Negligence
According to Keith Law Group, navigating the complexities of proving negligence in DUI crashes can be overwhelming, and this is where a skilled attorney becomes your greatest asset. With their expertise in these cases, qualified attorneys can confidently and expertly deal with your specific case.
Their ability to investigate thoroughly helps them gather crucial evidence like police reports, BAC test outcomes, and eyewitness accounts. Using their legal expertise, they can build a robust case on your behalf, focusing on the key elements that demonstrate the driver’s negligence and responsibility for the accident.
However, you should note that certain regions of the country, like Arkansas, are more prone to accidents. The numbers are shattering, as the state recorded 606 fatal road accidents in 2022 alone. The Northwest Arkansas (NWA), which consists of four cities Fayetteville, Rogers, Springdale, and Bentonville, lamented the deaths of 1,369 people due to crashes between 2017 to 2021.
If you belong to this region and have faced an accident due to the negligence of others, then these numbers imply hiring an attorney who knows the region inside out. You can partner with a Rogers personal injury attorney familiar with local regulations, which will help you build a solid case.
Build a Compelling Case Through Expert Witnesses and Testimonies
To strengthen your claim of negligence in DUI crashes, a skilled attorney can play a crucial role in involving expert witnesses and testimonies. Specialists in the field, such as accident reconstruction experts or medical professionals, can offer valuable perspectives on the cause of the accident and the severity of the injuries suffered. Their opinions carry significant weight in court, bolstering the credibility of your case.
Holding a certain level of authority, the presence of expert witnesses can significantly influence the outcome of your case. Their testimony can clarify complex technical or medical aspects of the accident, helping the judge and jury understand the factors that contributed to the collision.
Eyewitness testimonies from individuals present at the scene of the accident can be invaluable. These accounts provide real-time perspectives on the driver’s behavior, the events leading up to the crash, and the impact on others involved. Their firsthand observations can reinforce the claim of negligence.
Summing Up
In the quest for justice and accountability, navigating the complexities of proving negligence in DUI crashes can be a challenging endeavor. By empowering you, the steps mentioned in this blog can assist you in proving negligence without being a expert in the legal field.
By staying steadfast in your pursuit of justice, you not only stand up for your rights but also pave the way for a safer and more responsible society on the roads. The road to justice may be challenging, but your commitment to proving negligence in DUI crashes brings hope for a brighter, safer future for all.
