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The Hart Law Firm

Proving Fault and Winning Your Injury Claim Against the Drunk Driver

Holding a drunk driver responsibleIf a drunk driver caused your injuries, you may assume that his responsibly for compensating you will be automatic. However, this is far from the truth. Even if the insurance company does not dispute liability in settlement negotiations, you will have to prove your entire case—including the drunk driver’s negligence—if you cannot settle your claim and must take your case to trial. Here is how an experienced drunk driving attorney can help you prove the other driver’s fault in causing your wreck.

How Can You Prove the Other Driver’s Fault in Causing Your Injuries?

Just because the other driver was drunk does not mean he was solely to blame in causing a wreck. In some cases, the non-intoxicated driver may have caused it by speeding, texting, or other negligent behavior. When you file your claim, you should be prepared for the possibility that the adjuster for the drunk driver will argue that you were at least partially at fault in causing your crash.

Fortunately, you can prove that the drunk driver was negligent. However, you will need the assistance of an experienced attorney to do so. Some of the ways he will establish the driver’s fault include:

  • Investigation. While the attorney will obtain the police report, he will not stop there. He will conduct his own thorough investigation of the crash. This could involve visiting the scene himself or hiring an expert, like an accident reconstruction expert, to do so. He will also interview witnesses to get a better understanding of what they saw and any behaviors of the negligent driver they witnessed that suggested he was intoxicated. He may also obtain video and photographs the witnesses took, if any, and surveillance tapes from nearby businesses.
  • Litigation. During the litigation process, your attorney will have the opportunity to interview the drunk driver under oath in a deposition that can be used at your trial and to obtain documents from him. During the deposition, your attorney can force the driver to tell him where he drank and how much before causing your injuries. He can also find out how the driver claims your wreck occurred. Your attorney can also obtain the driver’s credit card and debit card statements and cellphone records that may help establish what really happened.
  • Settlement negotiations. At various stages of your case, your attorney may engage in settlement negotiations with the drunk driver’s insurance company. Even if it does not result in a settlement, these discussions give your attorney a chance to feel out the adjuster about the insurance company’s position and how it values your claim. This can help your lawyer narrow the areas of serious dispute to focus his efforts on obtaining the additional evidence he needs to strengthen your claim.

If you were injured by a drunk driver, our experienced legal team can investigate your wreck and help you prove his fault in causing your injuries. Contact us online or call us directly at 817.380.4888 to schedule your free consultation. We help victims injured by drunk drivers throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.

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