- Car Accidents
With the advent of rideshare companies, there’s no conceivable excuse for drinking and driving. You don’t even need to find a designated driver like you did years ago. You click an app on your cell phone and a car appears minutes later. So, why do so many people still get injured in drunk driving accidents in Fayetteville? Your Fayetteville car wreck lawyer sees it all the time.
Unfortunately, no matter what options are available, some people will continue to make poor decisions. If you have no regard for other people, you don’t consider the consequences of your actions. People still drink or get high and then get behind the wheel of their car. When this happens, the results are disastrous.
If a drunk driver hits you, they should be held accountable for your injuries. Why should you be left holding the bag if the crash was someone else’s fault? This is especially true when someone was reckless or driving under the influence. One of the best ways to prove someone else was responsible for a car accident is using proof of their DUI.
But what happens when the other driver’s charges are dismissed or they get acquitted? Your Fayetteville car wreck lawyer will still work hard to get you the compensation you deserve. Since you never know what will happen with the other driver’s DUI court case, it’s important that you contact a lawyer right away.
An Acquittal Doesn’t Relieve the Other Driver of Civil Liability
In order to be convicted of drunk driving, the State has to prove many things. Not only do they have to submit evidence that the driver was drunk at the time of the arrest, they have to hope their evidence holds up.
Lots of things can happen to cause evidence to be thrown out in court. If the cops didn’t conduct the stop and search legally, the charges may be dropped. Or, if the field sobriety test wasn’t fair, the evidence may be thrown out.
Just because the charges or dropped or reduced doesn’t mean the other driver wasn’t responsible for your car accident. Your Fayetteville car wreck lawyer will submit their own evidence in civil court. The civil courts don’t have the same strict evidence rules that the criminal courts do.
For example, let’s consider that the defendant was charged with DUI at the scene of your crash. The cops based their arrest on the fact that they found heroin in the driver’s car when they investigated the accident scene. It’s possible that the driver could still pass a field sobriety test even if they were high on heroin. Your lawyer can still submit proof that there were drugs in the defendant’s possession at the time of the crash. This may be enough to convince a jury that they were liable.
Even if the Driver is Convicted of DUI, Your Fayetteville Injury Lawyer Still Has to Prove Your Case
While an acquittal may not destroy your personal injury case, a conviction isn’t a guarantee that you’ll win in court. Your Fayetteville car wreck lawyer still has to prove that the other driver caused your accident. Oddly enough, being above the legal limit does not automatically mean the other driver caused your accident.
Let’s say that the defendant had a BAC of .10 at the time of the accident. This is clearly above the legal limit for DUI. However, if you rear-ended the other driver, you may be the one held responsible for the crash. Every situation is different.
Even if you truly believe the defendant caused your crash, your attorney still needs to prove it. They will have to convince an insurance adjuster that you weren’t at fault. And, if your claim is denied, you may have to file a lawsuit.
If you file suit, you’ll have to convince a jury that the defendant is liable. Now, with proof of DUI, this may not be hard to do. Juries tend to favor the sober driver in a case like this. But, there’s no guarantee.
Contact a Fayetteville Car Wreck Lawyer
If you’re injured in a DUI accident, you need to contact a car accident lawyer in Fayetteville, Georgia right away. From day one, they will make sure your insurance claim is handled properly. They’ll also gather the necessary evidence to prove your claim.
Call Wade Law today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The other driver will have a lawyer working for them and you should too.
