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The Elements Your Lawyer Will Help Prove for DUI Accident Injury Compensation

The Elements Your Lawyer Will Help Prove for DUI Accident Injury Compensation 1

Driving under the influence (DUI) is a serious offense that can cause severe consequences, not only for the impaired driver but also for innocent victims.

If you have been injured by a drunk driver, then it is important to consult an experienced attorney to get fair compensation for DUI accident injuries. Click here to learn more about how experienced attorneys play a key role in proving the elements required for a DUI conviction.

In this blog post, we are going to discuss the important elements your attorney will help prove to secure fair compensation for a DUI accident injury.

What are the Elements of a DUI Accident?

In drunk driving accidents, your attorney will help prove the following elements:

  • Proving the Motorist was Under the Influence
  • Proving the Driving Element
  • Proving the Public Roadway Element

Proving the Motorist was Under the Influence

In a DUI accident case, establishing that the at-fault driver was under the influence of alcohol or drugs at the time of the accident is an important element.

Your attorney will collect evidence from several sources, such as eyewitness statements, police reports, and the results of chemical tests, such as breathalyzers or blood tests.

Your attorney uses two ways to prove this.

i) Per Se DUIs

A Per Se DUI is when the motorist’s blood alcohol concentration (BAC) is above the legal limit, which is 0.08% in most states. This means that the motorist is intoxicated and responsible for the injuries and accidents that happen, regardless of whether they show any signs of impairment.

To prove a per se DUI, your attorney will need to get the motorist’s BAC test results from the hospital or police. If the motorist refuses to take a BAC test, your attorney may use other evidence, such as video footage, witness statements, or the motorist’s admission.

ii) Impairment DUIs

Proving impairment can become complicated if a Per Se DUI is not applicable. In these circumstances, your attorney will depend on several types of evidence to demonstrate that the driver was impaired by alcohol or drugs.

This can include field sobriety test results, erratic driving behavior, and the officer’s observations at the accident scene.

Video footage from dashcams or traffic cameras, eyewitness testimonies, and expert witnesses can also be valuable in proving impairment.

The Elements Your Lawyer Will Help Prove for DUI Accident Injury Compensation 2

Proving the Driving Element

Proving that the motorist was driving the vehicle that caused the accident is also a crucial element in DUI. This may seem obvious, but sometimes it can be hard to prove who was behind the wheel, particularly if there were multiple occupants in the vehicle or if the motorist fled the scene.

To prove the driving element, your attorney will use evidence, such as

  • Vehicle registration
  • Witness statements
  • The motorist’s admission
  • Video footage
  • Fingerprints
  • DNA

Proving the Public Roadway Element

The last element of your DUI accident claim is proving that the accident occurred on a public roadway. This is important because most states have laws that hold drunk drivers responsible for any injuries or damages they cause on public roads but not on private property.

To prove the public roadway element, the following evidence is used by your attorney:

  • Location of the accident
  • The traffic signs
  • The police report
  • Maps

All this evidence will show that the accident occurred on a road that is open to the public.

Wrapping Up

Proving these elements of your DUI claim is not the easiest thing, particularly if the motorist denies being drunk or driving the vehicle or if the evidence is unclear. That is one of the major reasons why you need an experienced attorney. They can help you deal with the whole legal process without any issues.

Related Articles

Curious about the intricacies of navigating the aftermath of a car accident? Wondering: how long does a car insurance claim take? We've got you covered with a comprehensive guide to demystify the timeline. From the initial report to settlement negotiations, each step plays a crucial role in determining when you'll see the compensation you deserve. But here's the kicker – hiring an expert car accident attorney can significantly expedite the process. Join us as we break down the stages and unveil the benefits of legal assistance in ensuring a swift and favorable outcome. Let's dive into the world of car insurance claims! 1. Instant Impact: Reporting the Accident When it comes to claiming car insurance after an accident, timing is crucial. Most insurance companies require immediate reporting. The sooner you inform them about the incident, the smoother the claims process begins. Typically, this can be done over the phone or through an online portal. Waiting too long might lead to complications, so swift action is key. 2. Initial Response: Insurance Adjuster's Assessment After reporting the accident, an insurance adjuster is assigned to evaluate the damage. This step is essential in determining the compensation you may receive. The duration of this assessment varies but generally happens within a few days to a week. It's vital to cooperate fully during this process, providing accurate details and any requested documentation promptly. 3. Paperwork Prowess: Filing the Claim Once the assessment is complete, filing the actual claim begins. This involves submitting necessary paperwork, such as the police report, medical records, and any other relevant documents. This step typically takes a week or two. Accuracy is key here; any discrepancies might slow down the process. Having all your paperwork in order can significantly expedite the claim. 4. Evaluation: Insurance Company's Verdict The insurance company then evaluates all the information and determines the liability. This stage can take anywhere from a few weeks to a couple of months. Be patient, but don't hesitate to follow up if the process seems to be dragging. Some companies may provide updates during this time, while others require proactive inquiry on your part. 5. Settlement Talks: Negotiating Compensation If the insurance company accepts liability, the next step is negotiating the settlement. This phase can vary greatly depending on the complexity of the case and the willingness of the involved parties. Hiring an expert car accident attorney during this stage is immensely beneficial. They have the experience to navigate negotiations effectively, ensuring you get the best possible outcome. 6. Legal Assistance: Benefits of Hiring an Attorney In Wilmington, engaging wilmington car accident lawyers can be a game-changer. They bring legal expertise to the table, helping you understand your rights and navigate the complexities of insurance claims. Attorneys have a deep understanding of the law, which proves invaluable when negotiating with insurance companies. Their involvement often expedites the process, ensuring you receive fair compensation without unnecessary delays. 7. Time Crunch: Legal Deadlines It's important to note that there are legal deadlines associated with car insurance claims. These vary by jurisdiction, so it's crucial to be aware of the specific timelines in your area. Missing these deadlines could jeopardize your ability to claim compensation. A car accident attorney can help you stay on top of these deadlines, ensuring you don't miss any critical milestones. 8. Speeding Up the Process: Attorney's Role A skilled attorney can significantly expedite the claims process. They understand the system, know how to gather evidence efficiently, and have established relationships with insurance companies. This familiarity allows them to cut through red tape, speeding up the overall timeline and helping you receive compensation sooner. In conclusion, the time it takes to claim car insurance after an accident can vary, but being proactive at every stage is key. Hiring a car accident attorney not only ensures a smoother process but also increases the likelihood of a favorable outcome. From navigating paperwork to negotiating settlements, their expertise can be the difference between a prolonged ordeal and a swift resolution. Don't underestimate the benefits of legal assistance when it comes to securing the compensation you deserve.

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