If you are hit by a driver who was being negligent or reckless, you may be seeking compensation for what they’ve put you through. To make it easier to seek that compensation, it can be helpful if it’s shown that the driver was impaired by alcohol or drugs at the time of the crash.
How do you find out or prove that they were impaired? That depends on the situation, but in most cases, the police will be there at the scene to determine if either driver is impaired by alcohol. If the other driver is taken to the hospital following a crash, it is almost certainly the case that their blood labs and toxicology reports will indicate if they had alcohol or drugs in their system that may have led to a crash.
That being said, having alcohol or drugs in your system doesn’t automatically mean you’re impaired, which is something the other driver may argue. For your case, all you need to show is that the other driver was the one who caused the crash. As a victim, you’ll have the right to seek compensation whether or not the other driver was impaired by alcohol or drugs.
The difference between civil and criminal cases matters
While knowing that the other driver was intoxicated and having proof in the form of a conviction might help your claim, it’s not necessary to have that evidence. So long as the other driver is at fault, you should be able to make a claim for compensation in civil court.
Criminal court matters are handled separately. While it might be beneficial to wait to see if the other driver is found guilty of recklessness, drunk driving or other offenses, you don’t have to have that conviction on the record before you can make a claim.
Your statement and evidence from the scene may be enough
If you’d like to push for more compensation and witnessed the other driver acting unusual or know that they smelled of alcohol, then you should tell these things to the police and your attorney. Your attorney will use this information, as well as witness statements and other details, to help build a strong personal injury case.