Establishing Liability Following an Indiana Drunk Driving Accident
Traffic accidents are one of the primary causes of serious injuries for individuals throughout the United States. The likelihood of a fatality exponentially increases when a driver is under the influence of drugs or alcohol. For instance, a local news report described a fatal Indiana suspected drunk driving accident. According to the Indiana Metropolitan Police Department (IMPD), the crash occurred shortly before 10 a.m. at an intersection near Interstate 465. A 27-year-old southbound driver hit a west-bound Fiat driver. Both vehicles sustained severe damages in the crash. Emergency responders transported the Fiat driver to a hospital, where she succumbed to injuries. The other driver suffered non-life-threatening injuries after being ejected from his SUV. IMPD investigators arrested the SUV driver on suspicion of driving while intoxicated and reckless homicide; however, charges are pending.
After an Indiana drunk driving accident, the injury victim may not need to prove that the other party was intoxicated to establish that they were negligent. However, proving intoxication can assist victims in recovering more compensation efficiently. The burden on establishing intoxication after an accident should not remain on an accident victim; however, taking note of certain factors can help bolster a case. For example, when exchanging information, a victim should take note of the other driver’s:
- Slurred speech
- Dilated pupils
- Alcohol smell
- Coordination issues
- Stumbling and
- Difficulty remaining alert
In some cases, the victim’s injuries render them unable to communicate with the other party. An attorney can help victims ascertain whether authorities investigated potential intoxication in these cases. If so, a lawyer can obtain results from sobriety tests, breathalyzers, and other medical records that can substantiate a personal injury claim. Moreover, a lawyer can obtain video evidence or eyewitness reports to bolster a damages claim. Further, an Indiana personal injury attorney can negotiate with insurance companies, engage in settlement discussions with at-fault parties, and litigate cases before a judge or jury.
It is important to note that, unlike criminal cases, civil plaintiffs do not need to prove the other party’s liability “beyond a reasonable doubt .”Instead, the victim must only prove that it is “more likely than not” that the other party was drunk or otherwise impaired at the time of the accident. However, there are nuances to liability and recovering damages. An experienced attorney is a critical asset during these claims and lawsuits.
Have You Suffered Injuries in an Indiana Drunk Driving Accident?
If you or someone you know has suffered serious injuries or died in an Indiana drunk driving accident, contact Padove Law for assistance. Indiana personal injury attorney Burton A. Padove has significant experience successfully representing clients in their claims for damages against negligent corporations, businesses, government agencies, and private citizens. In addition to Indiana drunk driving cases, the firm handles products liability claims, premises liability lawsuits, medical malpractice suits, and wrongful death claims. Through Attorney Padove’s excellent representation, his clients have secured significant sums of compensation for their damages and losses. Contact Padove Law at 877-446-5294 to schedule a free initial consultation.