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What to prove after you or loved one is hit by a drunk driver?

We have all heard the awful stories about the average law-abiding citizen who was hit by a drunk driver. Drunk drivers are dangerous on the roadways because both their mental reasoning and physical reaction time are delayed due to the affects that alcohol has on the body and mind. Depending on a driver’s BAC or blood-alcohol concentration, it can make them unable to see or react appropriately, which can cause a car accident. Car accidents, invariably, can cause serious injuries amounting to life-long changes and insurmountable medical expenses.

This is why it is in a victim’s best interest to consider what a personal injury lawsuit could do for them and their family. In a personal injury suit against a drunk driver, the injured party will need to prove that the accused negligent party was responsible for the injuries that they allegedly caused. To do this, the injured will need to establish the intoxication level of the defendant and prove that this level was too high for safe operation of a motor vehicle. Lastly, the injured should show that the defendant failed to exercise reasonable care for the public’s safety when causing a drunk driving accident.

Much of this information may be readily available in a police report or in a public record if the defendant was already tried in a criminal case in connection with the incident. A guilty verdict for DUI in a criminal case can bode well for drunk driving accident victims. These are tried in two separate courts, but personal injury cases have a lower threshold of proof that needs to be met in order to prove te negligence of the drunk driver. Evidence like witness testimony or forensic evidence related to the case can be helpful in proving this as well.

This whole scenario is a nightmare for any family to deal with. Luckily, top-notch medical care is available in MA hospitals in order to restore a person’s health back to its original condition. Some people’s health will never fully recover, unfortunately. For those people, and anyone injured in a drunk driving accident, a personal injury case is especially important.

Source: dui.findlaw.com, “Drunk Driving Accidents,” Accessed August 15, 2016


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