What to Do if a Drunk Driver Caused Your Accident

 Posted on November 08, 2023 in Personal Injury

Being the victim of a drunk driver can lead to devastating injuries and financial stress. If you believe the other driver was impaired when they hit you, it is critical to take legal action to pursue compensation. But how do you build a case if they refused blood alcohol testing? Here are some tips on how a Texas lawyer can help you create your case.

Gather Circumstantial Evidence

While a BAC reading would be ideal, you can prove intoxication through other indicators like:

• Witness statements about the driver drinking or seeming impaired beforehand
• Open alcohol containers found in their vehicle
• Slurred speech and balance issues after the crash
• Prior DUI convictions establishing a pattern
• They were coming from or going to a bar/restaurant
• Late night timeframe when drunk driving is common
• The driver fled the scene

Compiling this circumstantial evidence helps paint a picture of intoxication.

Use Police Observations

Officers are trained to spot signs of impairment. If police suspected drunk driving, their testimony about the driver’s slurred speech, odor of alcohol, and inability to walk a straight line can prove invaluable. In your claim, make sure to put if the police officer on call noticed any signs of the other driver’s intoxication. For example, if you remember the police officer having the driver do any BAC tests or other tests, bring it up.

Work With an Expert Witness

A toxicology expert can analyze the evidence available and provide opinions on likely BAC levels based on drinking history, witness statements, crash details, and common indicators of impairment. Their testimony offers credibility to your claim.

Emphasize Refusal to Test

You can use the driver’s refusal of chemical BAC testing against them. Juries can make negative assumptions if a driver declines a breathalyzer or blood test that would have objectively proved intoxication. So, if you remember the other driver refusing the test, you could also add this to your claim.

Contact a San Antonio, TX Personal Injury Lawyer

While BAC readings provide the most decisive proof, you can still build a compelling case that the driver who hit you was illegally impaired using circumstantial evidence and testimony. An Austin, TX personal injury attorney can help obtain police records, work with qualified experts, and maximize your compensation through settlement or trial. Do not let a lack of BAC results deter you from pursuing fair recovery. Call Alford & Clark Injury Attorneys at 210-951-9467 for a free consultation.