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How to Prove a Driver Was Impaired After an Accident in Maryland

As the victim of a drunk driving accident in Maryland, you need to prove that the driver was impaired and that their intoxication directly caused the collision, your injuries, and your losses, which we can accomplish when handling your case.

To prove a driver was impaired and is liable for your accident, we can use the results of chemical alcohol tests, eyewitness testimony, video footage, and records of a drunk driving conviction. You may not have to go to court and convince the jury that the driver was impaired if we can secure a large enough out-of-court settlement offer in Maryland.

Call Rice Law at (410) 694-7291 for help with your case from our Maryland car accident lawyers.

How Can You Prove a Driver Was Impaired During Your Accident?

When we handle your case, we can prioritize gathering any evidence that helps us prove the driver was impaired and under the influence of drugs or alcohol when they caused they accident.

Chemical Test Results

When officers respond to the scene, they may administer a breathalyzer to a driver who appears intoxicated. Law enforcement may also administer blood tests following an arrest for driving under the influence (DUI), and our Maryland car accident lawyers can also use these results to show the driver was very intoxicated at the time of the accident.

Witness Testimony

We can also use eyewitness testimony to prove the driver was drunk or otherwise impaired at the time of the crash. Witnesses can testify to seeing the defendant swerving, driving erratically, or making no attempt to decelerate to avoid a collision despite having ample time to. Witnesses can also testify about smelling alcohol at the scene, seeing empty alcohol bottles in the at-fault driver’s car, and hearing the other driver slurring their words when talking to the victim or the police.

As the victim, you are also a valuable eyewitness, so your testimony may help prove that the driver was impaired at the time of the accident.

The police officers who responded to the scene, administered field sobriety tests or chemical tests, and possibly even arrested the impaired driver for drunk driving may also testify about their first-hand observations.

Video Footage

Soon after the collision involving the impaired driver, we can survey the area in case surveillance systems are nearby. By contacting the owners and requesting footage, we may get video evidence showing the driver’s obviously erratic and dangerous driving.

Footage from police officers’ body-worn cameras can also prove the driver was impaired, capturing them failing field sobriety tests, slurring their words, or showing other signs that they are drunk or on drugs.

We may also get footage from dashboard cameras or doorbell cameras that depict a visibly intoxicated negligent driver.

DUI Convictions

If the drunk driver who hit you was convicted of a DUI for the very same incident in Maryland, we can use evidence of that conviction to prove they were impaired during the accident. However, a driver being drunk does not mean they also caused your injuries, so we still need more evidence than just a DUI conviction.

FAQs About Proving a Drunk Driving Accident in Maryland

What Should You Do Right After an Accident to Prove the Driver Was Impaired?

The best thing you can do following an accident with a drunk driver is to call the police. Law enforcement can document the driver’s intoxication and may even arrest them for driving while under the influence of drugs or alcohol, which can only help your future compensation claim.

Can Expert Witnesses Help Prove a Driver Was Impaired?

Experts can prove a driver was impaired by explaining the results of blood, urine, or breath tests and describing the physical and mental effects of having such a high blood alcohol content.

Other experts can reconstruct accidents and identify physical evidence that is consistent with typical drunk driving behavior, such as tire marks left on the road.

Can Vehicle Black Box Data Help Prove a Driver Was Impaired?

Not attempting to slow down, apply breaks, or change direction to avoid or mitigate a collision is common in drunk driving accidents, as alcohol slows one’s reaction time. We can learn what the other driver did inside their car by reviewing their vehicle’s “black box” data, which we can get via the lawsuit.

Do You Have to Go to Court to Prove a Driver Was Impaired in Maryland?

You only have to prove a driver was impaired and under the influence of drugs or alcohol if your lawsuit goes to court. Most drunk driving claims settle without trials, especially when there is clear evidence that the negligent driver was impaired at the time, such as a drunk driving conviction.

Do You Have to Prove an Impaired Driver Caused Your Injuries?

Proving liability for a personal injury requires us to prove that the defendant’s negligent actions directly caused your injury. It is not enough to prove that the other driver was drunk; we must also prove that their being drunk caused the accident and the damages you have incurred.

What Compensatory Damages Can You Get After Proving a Driver Was Impaired?

You can get damages for lost wages, medical expenses, and pain and suffering after proving the driver who caused you recent car accident injuries was impaired at the time.

Can You Get Punitive Damages if You Prove a Driver Was Impaired?

Proving that the at-fault driver was impaired and under the influence isn’t enough to get punitive damages for a drunk driving accident in Maryland, as the standard for awarding these damages is proving the defendant acted with actual malice.

Let Us Help You Prove a Driver Was Impaired After a Car Accident in Maryland

Call (410) 694-7291 to speak with the Annapolis, MD car accident lawyers of Rice Law about your case now.