How Do I Prove the Other Driver Was Drunk After a Crash in Miami?

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Experiencing a car accident is traumatic enough on its own, but if you suspect that the other driver was under the influence of alcohol at the time of the crash, it adds an additional layer of complexity and urgency to the situation.

Miami-Dade County saw 269 alcohol-involved crashes in 2022, with 19 fatalities and 105 injuries resulting. In Miami, proving that the other driver was drunk at the time of the accident can help you receive fair compensation for your damages and injuries sustained.

To establish this, you may require detailed evidence demonstrating their intoxication and its direct role in the collision. Our experienced Florida drunk driving injury lawyers at Aigen Injury Law can help you build your case and get maximum compensation for your damages.

Recognizing Signs of Drunkenness

When you’re involved in a crash, several signs can indicate the other driver is intoxicated. If you notice any of the following, note down your observation and report it to the police when they get your statement at the scene:

  • Erratic Driving Before the Crash: You may have noticed the driver’s erratic motions before the crash, including swerving, excessive speeding, or failing to adhere to traffic signals.
  • Physical Symptoms Post-Crash: Under Florida law, anyone involved must exchange contact and insurance information after a collision. If you notice the other driver has slurred speech, bloodshot eyes, or that they stumble when getting out of the car and walking, these strongly suggest they might be under the influence of alcohol.
  • Behavioral Signs: A drunk driver might exhibit unusual behavior such as aggressive arguing, excessive swearing, or an overt display of confusion or fatigue. If they seem overly hostile or uncoordinated at the scene, they may be driving drunk.

Legal Avenues to Prove Intoxication

Proving that the other driver was under the influence involves gathering evidence to support your claims. A qualified attorney from Aigen Injury Law can help you build a solid case with the following:

  • Breathalyzer and Blood Tests: These tests measure the alcohol levels in a person’s system, providing concrete evidence of impairment. Your attorney can use the results from tests taken at the scene to demonstrate that the other driver was under the influence at the time of the accident.
  • Witness Testimonies: Witness testimonies can help establish the circumstances leading up to a collision. Pedestrians, other drivers, or bar patrons might provide accounts of seeing the driver consume excessive alcohol before getting behind the wheel or driving erratically, offering valuable context to support claims of impairment.
  • Surveillance Footage: Video from traffic cameras, dashcams, or surveillance systems at nearby establishments can capture critical moments before the crash, providing concrete proof of dangerous driving behaviors or the condition of the driver.
  • Credit Card Records: Our legal team can obtain credit card records to demonstrate that the driver made purchases at a bar or liquor store shortly before the accident. This evidence helps establish a timeline that bolsters claims of intoxication at the time of the incident.
  • Your Own Testimony: We can use your personal testimony to detail the other driver’s behavior and the events leading up to the accident. For instance, if you saw them swerving in and out of traffic just before the collision, your first-hand account can strengthen the case in front of a jury.

The Role of Your Attorney

After an accident involving a drunk driver, managing insurance claims, police reports, and legal proceedings can be overwhelming, especially while focusing on recovery. Our skilled attorneys at Aigen Injury Law can streamline these processes, allowing you to concentrate on healing while we pursue damages on your behalf.

We offer assistance with the following:

  • Gathering Evidence: Our lawyers have the experience and resources to efficiently collect and organize essential evidence, such as police reports, medical records, and documentation like surveillance videos and credit card statements to support your case.
  • Expert Witnesses: In complex cases, we may enlist traffic accident reconstruction experts or medical professionals to testify and support your claims about the accident’s cause and your injuries’ impact on your life.
  • Negotiating with Insurance Companies: Our team is skilled at negotiating with insurance adjusters who aim to minimize payouts. We can work to secure a settlement that reflects the extent of your injuries and damages.
  • Legal Strategy and Representation: If your case goes to trial, our knowledge of DUI laws and personal injury claims in Miami helps us develop a winning strategy. We can help you seek the best possible outcome, presenting a strong case in court that showcases evidence of the other driver’s intoxication.

Secure the Compensation You Deserve After a Drunk Driving Accident

If you suspect the other driver was under the influence when they caused the collision in which you were injured,  take immediate action to protect your rights. Partner with an experienced attorney from Aigen Injury Law to ensure every piece of evidence is gathered to strengthen your claim.

Contact our legal team today for a free consultation and gain a knowledgeable ally in securing the compensation you deserve.