Accidents caused by drunk driving can be very devastating and may result in serious injuries, huge property damage, and loss of life. In such scenarios, the gathering of evidence becomes imperative in proving liability and bringing the wrongdoers to book. If you are the injured victim, an eyewitness, or any other concerned person, then knowing how to preserve and present such evidence goes a long way in changing the outcome of your lawsuit. This article provides full guidance on the collection of evidence in drunk driving cases, elaborating on what one needs to do at the scene and generally on types of evidence that can be collected, including legal and medical professionals.
Immediate Steps at the Scene
Ensure Safety, and Call for Help
The first and foremost priority after any accident is the safety of the people. If you are up to it, check for injuries to yourself and everyone else involved. Call 911 immediately to report the mishap and request medical assistance if required. The presence of emergency responders can also help in documenting the accident scene.
Go to a Safe Location
If the vehicles are a hazard or are obstructing the flow of traffic, and it is safe to do so, move them to the side of the road. Turn your hazard lights on to alert oncoming traffic. However, don’t alter the scene too much as that can be very important constructive evidence.
Exchange Information
If possible, exchange contact and insurance information with the other driver. This includes the names, addresses, telephone numbers, driver’s license numbers, and insurance policy details. If the other driver appears to be drunk, note any visible signs such as slurred speech, staggering, or smell of liquor.
Documenting of the Scene
Take Pictures and Videos
Some of the most persuasive evidence that can be presented in a drunk driving case consists of photographs and videos. Use your smartphone or camera to take clear pictures and videos of the following:
- Vehicles: Document all angles of the vehicles involved, paying particular attention to damage and position.
- License Plates: All license plates on the vehicles should be clearly shown in the photographs.
- Road Conditions: The road conditions should be appropriately documented through photographs or video footage, indicating the presence of skid marks, road signs, and traffic lights.
- Surroundings: Capture the surrounding scene with photographs of landmarks and environmental factors that could have been at the root of the accident.
- Injuries: If you have visibly been injured, or any of your passengers have, take a photo of them too.
Get Witness Statements
Witnesses will become critical third-party descriptions of the occurrence of your accident. Speak to all the onlookers and ask if they witnessed the event. Take down whatever they say, and get hold of their contact information so that you are in a position to call them later if need be. Statements from witnesses can support your version of events besides adding other details that might have eluded your eyes.
Look for Surveillance Cameras
Look around for cameras that would have captured the views of the accident. Many businesses and even traffic lights often have cameras, but some residential homes and buildings supply important video footage as well. This information may be documented so it can be given to your attorney or to law enforcement to help them retrieve the video footage data.
Collecting Physical Evidence
Vehicle Damage
Note damages in all vehicles involved. Include details of the extent of damages and take pictures—broken parts, falling debris on the road. It gives a clue to further reconstruction, setting up the force of impact in an accident.
Personal Belongings
In case of damage or loss of personal belongings, collect and document them. This provides not only items inside the vehicle but also telephones, bags, clothes, and things that may turn out to be very useful while proving the force of the collision and sustaining relevant damages.
Field Sobriety and Breathalyzer Tests
If the police do respond, field sobriety tests are likely to be performed along with a breathalyzer test of the suspected drunk driver. Obtain copies of every report or result related to said tests. This evidence is most important in proving that another driver was intoxicated.
Medical Documentation
Seek Immediate Medical Attention
Even if you do not feel any injury after the accident, seek medical help. In fact, there are so many injuries that may later on have huge effects on your health and you may not notice immediately or completely. You must obtain the help of doctors to collate information regarding your injury and present this in detail for your case.
Keep Detailed Medical Records
Keep a record of every medical treatment that deals with the accident. These include visits to the doctors, stays at the hospitals, prescriptions, therapy, and all other forms of treatments. Confirm that all your hurts and symptoms are well noted by your healthcare providers.
Track Medical Expenses
Keep all receipts and bills of medicines bought and treatment undergone due to the accident. This documentation shall help in estimating the compensation that one can get for present and future medical expenses.
Working with Professionals
Retain a Personal Injury Attorney
A drunk driving accident lawyer will be able to walk you through the legal process and advise you on how to collect and preserve all evidence related to your case. They can also handle communicating with insurance companies on a person’s behalf, protecting your rights.
Cooperate with Law Enforcement
Fully cooperate with the police and help them in their investigation. Obtain a copy of the police report, as it could serve as valuable evidence in your case. Ensure to include all details of the accident in the report itself.
Consider a Private Investigator
There may be some occasions when hiring a private investigator would be beneficial. They would do an investigation separate from the one that the police are doing and obtain more evidence that one might need for their case, as well as find eyewitnesses who may have gone unnoticed by the police.
Preservations of Evidence
Keep a Personal Journal
Keep a diary that describes your physical and emotional status after the accident. Show all the pain, discomfort, or limitations you may suffer daily. This personal account can provide insight into exactly how the accident has impacted your life and can be used to prove your non-economic damages claim.
Save All Communication
Keep all correspondence about your accident and your injury in one place: e-mails, text messages, and letters from insurance companies, doctor’s offices, and attorneys. Such documentation may expressly provide a timeline of what happened and support your case.
Backup of Digital Evidence
Back up all digital evidence, such as photographs and videos, electronic documents, etc., safely. This may involve duplicating it through multiple means of storing—that is, on the cloud and an external hard drive—so no crucial evidence is lost.
Conclusion
Gathering at-scene and after-scene evidence regarding a drunk driving accident can be a critical step towards justice and securing compensation in such issues. By doing almost everything right at the scene, having sufficient documentation of the accident, collecting evidence of a physical nature, and seeking professional legal and medical help, you will enable yourself to build up a very strong case. Keep all evidence well-preserved and hence seek the advice of a seasoned Denver truck accident attorney to guide you through the intricacies of such a claim. Follow the right approach that shall help protect your rights and win the case for you in the aftermath of a drunk driving accident.
