As a victim of a drunk driver or a loved one of someone who was hurt by one, you may not be sure if you’re supposed to take steps to prove that the other driver was impaired at the time of the crash. You may wonder if you’re responsible for speaking up in court or making assertions about the other person’s behaviors.
The thing to remember is that your case can be helped by proving that the other party was drunk, but it’s not necessarily something required of you. In fact, your personal injury claim is handled through the civil process, which means that you won’t need to show any criminal liability to make your claim.
While showing proof that the other driver was drunk or impaired might help you get compensated faster or result in a higher settlement offer, you don’t necessarily have to show that the other driver was impaired to get compensation. Instead, simply showing that they were at fault should be enough.
An Investigation is Performed After Crashes Like Yours
Remember that crashes are investigated by the police, which means that it’s likely that signs of impairment or intoxication would have been noted in the police report. If there are results from Breathalyzer tests or blood work, those may be accessible, too.
In criminal court, having these documents, as well as your own statements and testimony, can help hold a driver accountable for driving drunk. For your civil case, you just need to show that they’re at fault for the crash based on the officers’ findings or other factors involved in the case and that you suffered injuries and financial losses as a result.
You Deserve to Focus on Your Health
While you may feel obligated to take action or show that the other person was at fault because of drinking or being impaired, that isn’t necessarily a requirement for you to get the money you deserve. While you’re in the hospital or recovering at home, it’s important for you to focus on your health. You need to put yourself first. The court, insurance carriers, police, Westminster drunk driving accident attorneys and others involved in your case will be there to help determine what happened, why and what you may be entitled to if you make a claim.