A car accident with a drunk Texas driver can cause you serious injuries and you can seek compensation through a personal injury action. However, proving the other driver was drunk can be challenging.
There are many types of evidence that you can use to prove the other driver’s intoxication. You should always call the police after an accident and file a police report.
Police reports
Ask for a copy of the police report. Police officers often conduct field sobriety tests at the scene of the accident if they believe any of the drivers were intoxicated.
Field sobriety test results are part of the police report, as well as the police officer’s observations of the scene. A police officer may note in the report that the other driver’s speech was slurred, had glassy eyes or were walking unsteadily.
Blood test or breathalyzer results are more direct evidence of intoxication. There are strict requirements for preserving these results as pieces of evidence, so if you plan to use these, make sure you know these requirements.
Additionally, testimony from people who performed the tests or handled the equipment might be necessary to establish the results are accurate and were not tampered with.
Surveillance footage
Today many houses and businesses have cameras. Check places around the accident scene and talk to witnesses to see if there is surveillance footage of the accident. The footage may capture how the driver was acting before the accident, such as speeding or swerving.
Social media is powerful evidence in many cases today. Look at the driver’s social media accounts to see if there are any photos or posts showing them drinking alcohol before the crash.
Admissions of fault
Do not forget about obvious forms of evidence, such as a confession. The driver might have told the police officer that they had been drinking before the accident. Even an admission that they had “one or two beers” is enough to show that alcohol played a role.
Drunk driving is not only criminal, but it is also negligent. Drunk drivers who put other lives at risk should be held accountable for their negligent actions.