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6 Things to Prove I Was Hit by a Drunk Driver

Car accidents are all too prevalent. However, getting involved in a vehicle accident that was not your fault is very frustrating. That is how most individuals feel when they are involved in an automobile accident caused by another intoxicated driver. Drunk driving is risky and irresponsible practice and caused more than 30% of all vehicle accident deaths.

a man driving a car with a beer bottle in hands
Drunk Driving Accident Attorney I Greenberg & Stein P.C.

If you are hit by a drunk driver and want to sue the responsible person, you must first create a compelling evidence-based case. To win a case, the plaintiff must show that the defendant (the drunk driver) was negligent or reckless, and that you were injured as a result of their actions (or inaction). You may be able to obtain the evidence required to win the case with the assistance of an expert drunk driving attorney. Keep in mind that New York is a no-fault state. This means that you are not allowed to file a lawsuit against the drunk driver unless you satisfy the serious injury threshold.

6 Things to Prove I was Hit by a Drunk Driver in New York

The more evidence you have proving the other motorist was intoxicated, the better your odds of winning the case. Obtaining the appropriate evidence is sometimes the most difficult element of the case. A well-versed drunk driving attorney should have no trouble winning a case with good evidence. Here is a list of 6 things that will help you prove that you were hit by a drunk driver.

Identify signs at the accident scene

Right after the accident you may see some clear signs that the other driver is intoxicated. If you see any bottles of liquor or beer, make sure to take photos of them. These photos can be used as evidence in court.

Proof and Witnesses

Obtaining statements from witnesses is an important aspect of the investigating process. Attempt to collect the contact information of any witnesses who were present at the accident scene. That way, your attorney can call them later and try to get a statement from them. Witnesses may be able to corroborate the presence of empty liquor bottles in the car or that the drivers smelled of alcohol. Other indicators of drunkenness include slurred speech, trouble standing upright, and a lack of coordination. If the witnesses can confirm that the driver displayed one or more of these behaviors, their testimony can be extremely valuable.

Police accident report

After the accident, it is important to call the police and let them know that you suspect that the other driver is intoxicated. A police officer may arrive at the accident scene. Make sure to tell them everything you saw. Make sure to provide all details that could suggest that the other driver was under the influence of alcohol.


A police officer may request that the allegedly intoxicated motorist take a breathalyzer test. A breathalyzer is a device that can detect the blood alcohol content (BAC). In the United States, a BAC of 0.08% or greater is considered intoxicated. If the other driver has a blood alcohol level that suggests drunkenness, the police officer will note this in their report. Make sure you obtain a copy of this report from the police station.

Social media evidence

In certain circumstances, there is no convincing evidence that the other driver was intoxicated. Fortunately, individuals nowadays often publish photographs and videos to their social media pages. Videos or images posted to Facebook, Instagram, Twitter, and other social media platforms can undoubtedly be used as evidence in court.

Drunk driving accident attorney

Hiring a drunk driving accident attorney can dramatically improve your chances of prevailing in court. Attorneys that specialize in these types of incidents know where to search for evidence to establish that the other motorist was inebriated. Furthermore, for someone without legal expertise, lawsuits might be tough to manage. An attorney will assist you in meeting all court deadlines and requirements.

Is The Drunk Driver Always at Fault?

No, the drunk driver is not always at fault. To be able to hold the drunk driver responsible for an accident you must demonstrate that their state of intoxication was the cause of the accident. If the drunk driver was hit by another driver that was careless, the drunk driver cannot be held accountable for the accident. However, even if they were not at fault for the accident, they may face criminal charges for driving while intoxicated.

It is also conceivable that the intoxicated driver is not the only one to blame. Dram Shop laws allow you to sue a business that provided alcohol to a visibly intoxicated motorist or a minor who later caused an accident. Other individuals may potentially be liable for your losses. If a person conducts a social gathering and serves alcohol to a minor who later causes an accident, the host may be held liable for the damages.

Types of Damages I Can Claim if I was Injured by a Drunk Driver

If you were injured by a drunk driver and you file a lawsuit against the at-fault party you may recover compensation for the following damages:

  • Medical bills
  • Lost wages
  • Physical therapy
  • Modifications to the house due to medical needs
  • Other out-of-pocket expenses (transportation, housekeeping help, etc)
  • Pain and suffering
  • Mental anguish
  • Compensation for loss of enjoyment of life
  • Compensation for loss of companionship
  • Punitive damages
Driving Under Intoxicated note
Drunk Driving AccidentsGreenberg & Stein P.C.

How Long After a Drunk Driving Accident Can I Claim Injury?

After a car accident you have three years from the date of the accident to file a lawsuit against the at-fault driver. However, we recommend initiating the lawsuit as soon as feasible. If you wait too much time, it may be harder to get the evidence necessary to win the case.

New York Drunk Driving Accident Attorney

Greenberg & Stein P.C. is a law firm located in New York. Here you can find some of the best drunk driving attorneys in the state. Our lawyers have worked with numerous clients who were victims of drunk driving accidents. We will not rest until you get the compensation you deserve. Call us at 888-716-3843 to schedule a free consultation to review your case.

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