How to Collect Evidence After a Drunk Driving Car Accident

There are two paths to justice in drunk driving accidents that result in injuries to others on the road: A criminal path and a civil path. While you may rightfully gain some satisfaction from seeing the drunk driver go to jail, a criminal conviction won’t help you pick up the pieces and put you on the road to recovery.

You will need an experienced and proven drunk driving car accident lawyer to secure the financial compensation you deserve to pay your medical bills, replace lost wages or income, and help you recover from the pain and suffering you’re experiencing after the accident.

While drunk driving in a personal injury claim may seem like a slam-dunk, that is seldom, if ever, true. Every case requires meticulous attention to the facts, robust evidence, and a presentation that means business.

You don’t deserve all the hardships from someone else’s poor choices and lack of concern for your well-being, but you do deserve full, fair, and complete compensation for all of the damages you’ve suffered.

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The Drunk Driving Problem: A National and Local Context

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving remains one of the deadliest threats on American roads. Every day, 37 people in the U.S. lose their lives in drunk-driving crashes — that’s one life lost every 39 minutes. In one recent year alone, 13,524 people died in alcohol-impaired driving traffic deaths.

Drunk driving is a national crisis that hits close to home here in Denver. Our city, known for its vibrant outdoor culture and breathtaking landscapes, unfortunately grapples with a serious drunk driving problem.

One in every three Colorado traffic fatalities involved an intoxicated driver. In one recent year, the Denver area alone saw 20 drunk-driving deaths, part of a troubling statewide increase. Despite increased enforcement efforts, including regular sobriety checkpoints, Denver ranks second nationally for DUI arrests per capita and is among the top 25 riskiest U.S. cities for drunk driving.

The most heartbreaking aspect of these statistics? Every single one of these deaths was preventable.

Drunk Driving is Negligent and Reckless

When a drunk driver hits you, it’s not just an accident – it’s a case of negligence and recklessness.

Your drunk driving accident attorney must establish four facts of your case to prove negligence:

1. Duty of Care: All drivers have a legal obligation to operate their vehicles safely and follow traffic laws so they won’t harm others. This includes the responsibility to drive sober.
2. Breach of Duty: By choosing to drive while intoxicated, the drunk driver violated their duty of care. This decision to drink and drive is a clear breach of their legal obligation.
3. Causation: Your car accident attorney must demonstrate that the drunk driver’s actions directly caused the accident and your injuries. In other words, the crash likely wouldn’t have occurred but for the driver’s intoxication.
4. Damages: Finally, your lawyer must show that you suffered actual harm from the accident, such as physical injuries, emotional distress, property damage, lost wages or income, and other losses.

The Impact of Reckless Driving

Drunk driving isn’t just negligent – it’s reckless behavior. Recklessness goes beyond mere carelessness; it involves a conscious disregard for the safety of others.

Reckless driving can factor into drunk driving cases in a few ways:

• Enhanced Liability: Reckless behavior often leads to higher damage awards in personal injury cases. Courts may view drunk driving as particularly egregious, potentially increasing your compensation.
• Punitive Damages: In some cases, reckless behavior can justify punitive damages. These are additional monetary awards designed to punish the wrongdoer and deter similar conduct.
• Criminal Charges: While your civil case focuses on compensating you for your losses, the reckless nature of drunk driving often leads to criminal charges against the driver. If the driver who caused your accident was arrested for DUI after your accident, the criminal charges can strengthen your civil case.
• Easier to Prove Intent: Recklessness implies that the driver knew (or should have known) that their actions were dangerous. This can make it easier to establish the driver’s culpability in causing the accident.

Collecting Evidence After a Drunk Driving Car Accident

After a drunk driving car accident, you’re likely feeling overwhelmed, confused, and unsure of what steps to take next. At Fuicelli & Lee, we understand the challenges you face.

As a leading personal injury lawyer firm in Denver, our drunk driving accident attorneys have extensive experience gathering the evidence we need to build a strong drunk driving accident claim – one that aggressively pursues the maximum amount of compensation for your damages.

One of the first steps you can take to support your claim for damages is to provide your car accident lawyer with any evidence you may have retained or collected. Your lawyer will also begin gathering evidence as they investigate the case.

Evidence to support a drunk driving accident claim includes:

Police Report

If you do not have a copy of the police report, your car accident attorney can obtain one. Requesting a copy of the police report typically involves contacting the law enforcement agency that responded to the accident; providing the basic information of the car crash; and paying the required fee.

Many people assume that the police report provides all the proof they need of a drunk driving accident, but it is just a start. The police report is essentially one responding officer’s observations of the crash scene, and the at-fault party’s defense and insurance company may challenge any part of it.

Official Documentation

• Details of the accident, including date, time, and location
• Statements from drivers, passengers, and witnesses
• Names and contact info from witnesses
• The responding officer’s observations about the scene and driver’s condition
• Results of field sobriety tests or breathalyzer tests
• Citations issued or arrests made

Medical Records and Bills

• Emergency room records
• Doctor’s notes and diagnoses
• Test results (X-rays, MRIs, CT scans, etc.)
• Prescription records
• Physical therapy reports
• Mental health treatment records (if applicable)
• All medical bills and receipts

Photographic and Video Evidence

• Photos of the accident scene from multiple angles
• Close-up images of vehicle damage
• Pictures of your visible injuries and/or scars (take photos as they heal over time)
• Images of any property damage
• Surveillance footage from nearby businesses or traffic cameras
• Dashcam footage (if available)

Witness Statements

• EMTs, firefighters, and other responders who helped at the crash scene
• Names and contact information of all witnesses
• Written or recorded statements describing what they saw
• Any photos or videos witnesses may have taken

Evidence of Intoxication

• Results of breathalyzer or blood alcohol tests
• Field sobriety test results
• Bar receipts or credit card statements showing alcohol purchases
• Statements from bartenders or others who may have served the driver
• Social media posts indicating the driver’s activities before the crash

Electronic Data

• Event Data Recorder (EDR) information (also known as the “black box”)
• GPS data
• Cell phone records showing the driver was distracted

Documentation of Economic Losses

• Pay stubs showing lost wages
• Documentation of missed work opportunities
• Receipts for out-of-pocket expenses (medications, medical equipment, etc.)
• Estimates for vehicle repairs or replacement
• Costs of alternative transportation

How a Lawyer Can Help Collect and Preserve Evidence

While you may provide some evidence to support your case, an experienced drunk driving accident lawyer has the authority and resources to strengthen your claim by:

• Accessing hard-to-obtain evidence: A skilled lawyer has the resources and knowledge to acquire surveillance footage, cell phone records, and other evidence that may be extremely difficult for individuals to obtain on their own.
• Preserving evidence properly: Your car accident attorney understands the legal requirements for evidence preservation and can ensure that all collected evidence is admissible in court.
• Working with experts: Lawyers can consult with accident reconstruction specialists, medical experts, and forensic toxicologists to strengthen your case.
• Handling legal procedures: Your attorney can file necessary motions to preserve evidence and prevent the destruction of information critical to your case.
• Negotiating with insurance companies: Experienced lawyers know how to present evidence effectively to insurance adjusters to secure a fair settlement.

7 Do’s and 7 Don’ts After a Drunk Driving Accident

After experiencing a drunk driving accident, taking the right steps and avoiding some missteps can strengthen your legal claim:

Do’s:

1. Do continue your medical treatment: Follow your doctor’s orders meticulously. Regular medical visits create a paper trail linking your injuries to the accident and demonstrate your commitment to recovery.
2. Do document your recovery process: Keep a daily written or video journal detailing your pain levels, limitations, and how the injuries affect your daily life. An honest personal account can provide powerful evidence of your non-economic damages.
3. Do gather and organize evidence: Collect all accident-related documents, including police reports, medical records, bills, insurance correspondence, and receipts for out-of-pocket expenses.
4. Do track your expenses: Organize all your accident-related costs, including medical bills, transportation to appointments, property damage repairs, and lost income.
5. Do obtain witness statements: If possible, get written accounts from any witnesses to the accident. Their perspectives can provide valuable third-party evidence.
6. Do preserve physical evidence: Keep any damaged personal items from the accident that can illustrate and strengthen your claim.
7. Do consult with a drunk driving accident attorney: An experienced lawyer will guide you through the legal process, advise you to take the right steps, and help you avoid pitfalls that could weaken your claim.

Don’ts:

1. Don’t skip medical appointments: Insurance companies may see your missed appointments as opportunities to claim your injuries aren’t serious or aren’t related to the accident.
2. Don’t post about the accident on social media: Insurance companies often monitor social media platforms for evidence to dispute your claim.
3. Don’t give recorded statements to insurance companies: Insurance companies can use anything you say against you later.
4. Don’t accept the first settlement offer: Initial offers are usually the insurance company’s trick to get you to settle a claim for far less than it’s worth. Contact a car accident lawyer to negotiate with the insurance company and take them to court if necessary.
5. Don’t sign any documents without legal review: Insurance companies may try to get you to sign away your rights. Have all documents reviewed by your attorney.
6. Don’t discuss fault or apologize: Drunk driving accidents aren’t always as clear-cut as they seem. Avoid discussing the crash and fault with others. Let the facts of the case speak for themselves.
7. Don’t wait too long to take action: There are time limits (statutes of limitations) for filing personal injury claims. Delaying action could jeopardize your right to compensation.

The Importance of Taking Immediate Action

You may have noticed that personal injury lawyers often urge people to take immediate action, saying, “Call Us Now” and “Call Us Today.” Why do we do that?

Time is of the essence in personal injury lawsuits. The truth is, the more time that passes after a car accident, the weaker your potential claim for damages may become.

Some of the pitfalls of not contacting an experienced drunk driving lawyer include:

• Preserving physical evidence: Skid marks, debris, and other physical signs at the accident scene can quickly disappear due to weather, traffic, or clean-up efforts.
• Witness memory: Eyewitnesses’ recollections tend to fade or become less reliable as time passes.
• Surveillance footage: Many businesses and traffic cameras only retain footage for a limited time before it’s overwritten.
• Insurance companies: Insurance companies may contact you soon after an accident and make you a settlement offer. While tempting, the offer almost certainly fails to cover all of the damages you deserve.
• Other injuries: If you happen to suffer another injury after a drunk driving accident, your claim for some damages could become more complicated.

Colorado’s Dram Shop Law

Colorado’s dram shop law may expand the scope of liability and compensation in some drunk driving accident cases. This holds alcohol vendors and others accountable for overserving alcohol to individuals who subsequently injure or kill someone in a drunk driving accident.

Under Colorado law, bars, restaurants, and other licensed establishments can be held liable for serving alcohol to visibly intoxicated individuals or minors.

The dram shop law could matter in your Colorado drunk driving case for several reasons. Most importantly, it creates an additional avenue for compensation, which is especially valuable if the drunk driver is underinsured.

Identifying dram shop liability requires a swift and thorough investigation. You need evidence such as bar receipts, eyewitness accounts, and surveillance footage that can disappear quickly. Our experienced attorneys at Fuicelli & Lee know how to secure this essential evidence promptly, building a robust case for maximum compensation.

Fuicelli & Lee: Fighting For Drunk Driving Car Accident Victims

Fuicelli & Lee has a long and proven record of successfully representing individuals and families whose lives have been shattered by drunk drivers.

Our Denver drunk driving accident lawyers secured a $7 million default judgment against a drunk driver who a local bar overserved. The driver struck our client in a parking lot, resulting in multiple serious injuries, including an arm fracture, dislocated hip, seven rib fractures, liver laceration, broken back, and concussion. Fortunately, our client made a full recovery and went back to her job as a CrossFit instructor.

That case is just one of many Denver drunk driving car accident cases we have successfully resolved recently, and it’s one of the reasons our clients give us 5-star Google reviews.

If a drunk driver has injured you or a loved one, call us today at (303) 444-4444 to schedule a consultation with one of our experienced and proven drunk driving car accident lawyers. You may also reach us by filling out our online contact form. Our consultations are free, and you have no obligation.