Evidence in a Drunk Driving Accident December 3, 2012.
Personal injury lawyers are well familiar with the devastation that a victim and his or her family have to deal with after an accident involving a drunk driver. Unfortunately, Ohio law can only go so far in trying to curb this serious problem.
According to the National Highway Traffic Safety Administration (NHTSA), 341 deaths involved drunk driving (blood alcohol concentration of .08 or higher) in 2010. If you’re ever involved in a DUI-related accident, make sure you have enough evidence to support your future personal injury claim by demonstrating that the driver acted negligently in causing your injuries. Such evidence may include a field sobriety test, for instance.
Cleveland police may conduct non-scientific tests, such as asking the driver to walk a straight line heel-to-toe. Or the driver may be asked to balance on one leg. Scientific tests, which can provide stronger evidence, include a Breathalyzer and blood alcohol content (BAC) tests.
Police or witness observations may also be used as evidence. This could include the driver’s actions, such as erratic driving or violating traffic laws, like going through a stop sign.
The driver’s appearance, including bloodshot eyes, slurred speech, and the scent of alcohol, could be factored into evidence as well.