Criminal Evidence You Can Use In Your Drunk Driving Accident Claim

Everyone knows that driving under the influence is a crime in Florida. If an individual is found guilty of drunk driving, they will be subjected to severe penalties. The situation becomes worse when a drunk driving case involves an accident that resulted in injury. It becomes about the drunk driver facing criminal and civil penalties in such a situation. In Florida, if you suffer severe injuries in an accident because of a drunk driver, you can bring a civil claim (a personal injury claim) against the drunk driver in order to recover compensation for your injuries and damages.

After being injured by a drunk driver, it is up to you and your attorney to ensure you build a strong case. To do this, you need to present enough evidence. Generally, your drunk driving accident claim’s success depends on the evidence you present. Like in other auto accident claims, you can use photos and/or videos taken after the accident as evidence in your drunk driving claim. You can also use witness testimonies and the police report written after your accident as evidence. However, apart from police reports, witness testimonies, photos/videos, and other types of evidence usually used in other auto accident cases, you can use other unique pieces of evidence in your drunk driving accident claim.

Using Criminal Evidence in a Drunk Driving Accident Claim

Sometimes criminal evidence can be used in civil cases even though civil cases are entirely different from criminal cases. Below are some types of criminal evidence you can use in your drunk driving accident claim:

Criminal Record

A defendant’s criminal record can be used in a drunk driving accident claim to prove a history of negligence. Suppose the defendant in your case has ever been convicted of drunk driving. In that case, you can use their criminal record in your drunk driving claim to convince the insurance company or court that it is not impossible that the defendant was drunk driving at the time of your accident.

Blood Alcohol Content (BAC)Test Results

In Florida, an individual is guilty of driving under the influence (DUI) if their Blood Alcohol Content is 0.08% or higher. Usually, drivers undergo BAC tests at traffic stops. If the driver who hit you underwent such a test at a traffic stop and the results indicated a BAC of 0.08% or higher, then using the test results in your claim can help you prove liability.

Your personal injury attorney can help you acquire a copy of the defendant’s BAC results.

Conviction

If a judge in a criminal court was convinced beyond reasonable doubt that the defendant committed the offense of drunk driving, then it only makes sense for the insurance company or civil court judge to conclude that the defendant was drunk driving at the time of your accident.

Contact Us for Legal Help

Did you sustain injuries in a Florida auto accident because of a drunk driver? Do you need help proving your drunk driving accident claim and recovering the compensation you deserve? If so, contact one of our Orlando personal injury attorneys at The Pendas Law Firm today. We can work with you to gather the necessary evidence and help you recover the maximum amount of compensation possible. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the West Palm Beach, Fort Lauderdale, Fort Myers, Daytona Beach, Bradenton, Miami, Ocala, Jacksonville, and Tampa areas.

Resource:

flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/