Car Accident Claims: 3 Ways To Prove You're Not At Fault Even When You're Suspected Of Driving Under The Influence
Many different factors influence the final decision of which party is found to be at fault by the courts in a car accident. If police reports or the opposing parties are claiming that you might have been under the influence, it's crucial that you get the opinion and advice of a car accident attorney before anything else. While a car accident attorney might not be able to completely exonerate you and prove that you were sober beyond a doubt, they can help you build a strong case, as to why you're not at fault for the accident at all using the following 3 tactics.
Medical Reports and Documents Proving Physical Ailment or Condition
If the police reports state that the police officers suspect you to have been driving under the influence, but cannot prove it, you can easily dispel any claims that have been made by disproving any findings the police officer made during a field sobriety test. Your physical condition and even demeanor can be affected by any medications you've been taking or by any conditions or diseases you've been struggling or battling with.
One of the easiest ways that your car accident attorney can dispel any claims that have been made towards you is to submit medical reports and documents in court. For example, if the police officer claimed that you were unable to walk straight or looked tense, you could disprove any claims that the opposing party might make about your sobriety with a medical report. A physical condition or injury might be the cause of the police officer's findings. Medications can also affect your response times as well.
Photographs of Skid Marks Showing Speed, Origin, and Distance Traveled by Each Car
Even when the opposing parties are claiming that you were under the influence, you can still easily prove that you're not at fault if you have photographs of the scene of the accident. Don't be so busy taking photographs of the cars involved at various angles and lighting that you forget to take photographs of the scene. You want to focus particularly on the road conditions and whether any cars skidded on the mark. Skid marks can be very telling, and your car accident attorney can use the skid marks to reconstruct the accident.
If the tires lock up and fail to rotate on a surface, skid marks will appear. The skid marks can tell a professional what speed each vehicle was travelling at, the origin of each vehicle, and the distance traveled from when the driver attempted to brake suddenly. Even if the opposing party claims that you were under the influence, you can use these facts to prove that you were not at fault, and their negligence or mistakes caused the accident to happen.
Witness Testimony Capable of Proving Claims You've Made
There's nothing more compelling than witness testimony that can verify and support any claims you've made that will lead to the court finding you to be not at fault. If you've noticed that any passersby have witnessed the accident, make an effort to go speak with them to determine exactly what they've seen. Collect the contact information of witnesses that are able to corroborate your story. Forward the contact information to your car accident attorney.
While the witness might not be able to testify to whether you were sober or not during the time of the accident, they can testify to where each vehicle was at the time of the accident and whether one party is at fault or not.
Just because the police report or the opposing party is claiming that you were driving under the influence, it doesn't necessarily mean that you're going to be automatically at fault. There's plenty of different ways that your car accident attorney can prove that you were not at fault for the accident regardless of your condition. It's important to be transparent with your car accident attorney and to attempt to collect as much evidence as you possibly can to help your case. If you don't have an attorney yet, consider one like Carter & Fulton, P.S.