How to Prove the At-Fault Driver Was Drunk in a Florida DUI Accident

Drunk driving accidents claim the lives of thousands across the U.S. every year, and data from state officials reveal how the problem affects Florida motorists. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 5,000 crashes annually involving intoxicated drivers. Approximately 375 people are killed in these incidents, while more than 3,000 victims suffer injuries in DUI collisions. Fortunately, you do have rights under Florida law if you were hurt by a drunk driver. You may qualify to recover compensation for your physical, financial, and emotional losses. 

Though you might think your rights are clear when an intoxicated driver causes a collision, there are still complications with DUI crashes. You will need solid evidence of fault, so proof of impairment is critical. There are multiple sources of evidence for your case, and a Miami DUI accident lawyer will be thorough in gathering strong factual support. Some basics will help you understand what information might be useful.

Evidence for DUI Crashes

The most convincing proof that the at-fault motorist was impaired is a conviction that shows they were guilty of drunk driving. Being arrested for DUI is also solid evidence, though a ticket only shows that there was probable cause to charge someone.

However, other sources of evidence are a powerful support for a drunk driving crash. Examples include:

  • The police report;
  • Results from a breathalyzer or other chemical tests to measure the driver’s blood alcohol concentration (BAC);
  • Credit card receipts or other documentation showing that the motorist consumed alcohol at a bar or restaurant prior to the accident;
  • Social media posts indicating the driver was at a party or other celebration consuming alcohol;
  • Photos and video from a cell phone or social media; and,
  • Your own statements that the at-fault motorist was slurring their speech, had bloodshot eyes, smelled of alcohol, or gave other indications of intoxication.

Other Important Proof

Keep in mind that establishing fault is just one aspect of a drunk driving case. You must still prove the extent of your losses, so your medical records will be essential. These documents show the diagnosis of your injuries, treatment you underwent, rehabilitation efforts, and any permanent or temporary disability. Plus, if you missed work because of your injuries, you may be entitled to recover lost wages. Therefore, your paystubs and income tax records are necessary as proof.

In addition, you may qualify for pain and suffering losses, but these are subjective. To prove your rights, it is usually necessary to retain a medical expert to assist with evidence.

Trust a Miami Drunk Driving Accident Attorney to Address Evidence Matters 

Evidence can make or break any traffic crash claim, so factual proof is essential for a DUI collision case. Gerson & Schwartz, PA, will tackle the challenges with evidence to ensure you receive fair compensation for your losses. Please call (305) 371-6000 or go online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach today.

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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