How to Collect Evidence After a Drunk Driving Car Accident

Gathering evidence after your crash involves thorough investigation, record-keeping, and quick thinking. These efforts begin immediately after the collision and continue once you are home. Even when you cannot collect evidence at the scene, you can gather records and documentation, like photos of your injuries and your medical records.

Knowing what to document and how to preserve it may significantly improve your ability to recover damages for medical bills, lost wages, and pain and suffering. Because DUI accidents can involve both criminal wrongdoing and civil liability, evidence collection requires more attention than typical accident claims.

The Rothenberg Law Firm has helped drunk driving accident victims for decades, understanding exactly what evidence makes the real difference in securing justice and compensation.

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Critical Evidence for Drunk Driving Accident Claims

There are several categories of evidence that are key to your drunk driving accident claim. You will need to prove several things to back your claim for compensation and prove that the other driver was at fault because they were under the influence of alcohol.

Broadly speaking, you need evidence of the other driver’s intoxication, physical evidence of the accident, witness testimony, medical documentation of any injuries, and digital evidence.

Evidence of Other Driver’s Intoxication

Proving intoxication requires specific types of evidence that demonstrate the other driver operated their vehicle while impaired. Unlike standard accident claims, DUI cases can involve both criminal charges and civil liability. This creates unique opportunities for evidence collection that strengthen your claim.

Blood Alcohol Content (BAC) Testing Results

BAC testing provides scientific proof of intoxication that carries significant weight in court. When police suspect drunk driving, they typically administer breathalyzer tests at the scene. More accurate blood tests may also be performed at medical facilities. These test results become powerful evidence when pursuing injury compensation.

In New York, Pennsylvania, and New Jersey, driving with a BAC of 0.08% or higher constitutes drunk driving for regular drivers. Commercial drivers face stricter limits at 0.04% in all three states. Additionally, drivers under 21 face zero-tolerance laws with limits as low as 0.01% to 0.02%. However, impairment may occur at lower levels, especially when combined with medications or fatigue.

Test timing matters tremendously. Alcohol levels change over time, so tests administered hours after an accident may show different results. Your attorney understands how to address these timing issues when building your case. They may work with toxicology experts who calculate BAC levels at the actual time of impact.

Police Reports and Criminal Charges

The responding officer’s report contains observations that support your civil claim. Officers document physical signs of intoxication including bloodshot eyes, alcohol odor, slurred speech, and difficulty maintaining balance. They also note any admission of drinking by the driver.

Field sobriety test results appear in these reports too. Standard tests include the horizontal gaze nystagmus (eye movement), walk-and-turn, and one-leg stand. Failed performance on these tests indicates impairment even without BAC results.

Criminal charges filed against the drunk driver may also strengthen your civil case. A DUI conviction or guilty plea serves as strong evidence of fault. Even without conviction, the mere filing of criminal charges demonstrates law enforcement’s assessment of the situation.

Physical Evidence from the Accident Scene

Scene documentation captures details that fade quickly after an accident. Physical evidence tells the story of what happened through tangible proof. Smart phones make this documentation easier than ever, but knowing what to capture remains essential.

Vehicle Damage Patterns

Damage patterns reveal important information about impact speed and angle. Drunk drivers can fail to brake before a collision, resulting in more severe damage. Document all visible damage to every vehicle involved. Multiple angles provide the most complete picture.

Skid marks, or their absence, tell another part of the story. Sober drivers typically leave skid marks showing attempted braking, while drunk drivers may leave none, indicating they never saw the danger.

Debris fields show the force of impact and vehicle movements after collision. Glass, plastic, and metal pieces mark impact points. Document where each type of debris landed. This helps accident reconstruction experts determine exactly what happened.

Environmental Factors and Road Conditions

Weather and road conditions at the time affect how accidents occur. Document these conditions through photos and notes. Was the road wet or dry? Were streetlights functioning? Did construction zones or obstacles exist?

Time of day can also matter in drunk driving cases. Late night and early morning hours see more intoxicated drivers. Weekend crashes, in particular, may involve alcohol. Note the exact time and day of your accident. This context helps establish patterns common to drunk driving incidents.

Location details provide additional context. Accidents near bars, restaurants, or entertainment venues may indicate where drinking occurred. Document nearby establishments that serve alcohol. Our law firm may investigate whether any establishment overserved the driver.

Witness Testimony and Statements

Witnesses provide independent verification of events leading to and during the crash. Their observations include details you missed while dealing with the immediate trauma. Quick action in gathering witness information prevents this valuable evidence from disappearing.

Identifying and Approaching Witnesses

Potential witnesses include other drivers, passengers, pedestrians, and nearby residents or workers. Anyone who saw the accident or the drunk driver’s behavior beforehand offers valuable testimony. Even partial witnesses who only heard the crash may provide useful information.

When approaching witnesses, explain that you need their help documenting what happened. Ask for their name and contact information first. Then request a brief statement about what they observed. Our law firm can also help contact witnesses and gather their statements.

Bar and Restaurant Surveillance

Establishments serving alcohol often have surveillance cameras covering parking areas and entrances. This footage may show the drunk driver’s condition when leaving. Your attorney may subpoena this evidence before it gets deleted.

Some witnesses might have been inside the same establishment as the drunk driver. They may have observed excessive drinking or signs of intoxication. Bar receipts and credit card records help establish drinking patterns and timing.

Social media posts sometimes provide evidence, too. Drunk drivers or their companions may post photos or comments about their night out. These digital breadcrumbs help prove intoxication. The Rothenberg Law Firm knows how to properly preserve and present social media evidence.

Medical Documentation of Your Injuries

Your medical records create the vital link between the drunk driver’s actions and your damages. Comprehensive documentation of injuries, treatment, and ongoing effects strengthens your claim for compensation. Every medical visit, test, and treatment matters.

Emergency Room Records

Initial emergency treatment documents the immediate impact of the crash on your body. ER records include vital signs, consciousness levels, and obvious injuries. Doctors note their clinical observations about injury severity and required interventions.

Diagnostic tests performed in the ER provide objective evidence of injuries. X-rays reveal fractures, CT scans show internal injuries, and MRIs detect soft tissue damage. These images offer visual proof that resonates with insurance adjusters and juries.

Pain levels and symptoms reported during emergency treatment establish your condition immediately after impact. Emergency records can carry significant weight because they capture your condition in the hours and days following the crash.

Documentation of Ongoing Treatment

Follow-up care demonstrates the lasting impact of your injuries. Each appointment, therapy session, and procedure adds to the evidence of your damages. Consistent treatment shows you take recovery seriously while documenting ongoing effects.

Treatment summaries from your doctors can help determine compensation amounts. These include diagnoses, prognosis statements, and opinions about permanent impairments. Detailed records help calculate both current and future medical expenses resulting from the drunk driving crash.

Also, consider documenting how injuries affect your daily life between medical appointments. Keep a journal noting pain levels, mobility limitations, and activities you cannot perform. This personal record supplements clinical documentation with real-world impact evidence. Include missed work days, cancelled plans, and help needed for routine tasks.

Digital Evidence and Technology

Modern technology provides evidence collection tools that previous generations lacked. From dashcams to smartphone apps, digital evidence offers objective documentation of drunk driving accidents.

Dashcam and Surveillance Footage

Dashboard cameras capture real-time footage of accidents and events leading up to them. This video evidence is especially valuable in drunk driving cases. Footage may show the drunk driver’s erratic behavior, the impact itself, and the time after the crash.

Many businesses and homes have security cameras that may have captured your accident or the other driver’s erratic behavior. Traffic cameras at intersections provide another potential source. Your attorney may request footage from multiple sources to create a complete picture of events.

Cell Phone Records and GPS Data

Cell phone records may reveal distracted driving combined with intoxication. Texting while drunk driving shows extreme recklessness. Your attorney may subpoena phone records showing calls or messages at crash time.

GPS data from phones or vehicle systems tracks movement patterns and speeds. This information may show the drunk driver’s route from a bar or party. Speed data helps prove reckless driving behaviors common with intoxication.

Modern vehicles also store crash data in “black box” event data recorders. This includes speed, braking, and steering inputs before impact. Our law firm knows how to access and interpret this technical evidence.

Working with Drunk Driving Accident Attorneys

Evidence collection improves dramatically with professional legal guidance. Experienced attorneys understand which evidence carries the most weight and how to obtain it properly. They also know common insurance company tactics used to minimize drunk driving claims.

The Rothenberg Law Firm has helped drunk driving accident victims since 1969, securing billions in compensation. Our attorneys understand the unique aspects of DUI accident cases. We know how to build compelling evidence packages that demonstrate your losses, and we are prepared to negotiate for fair compensation or take your case to court.

FAQ for Collecting Evidence After a Drunk Driving Accident

How Long Do I Have to File a Claim after a Drunk Driving Accident?

Personal injury claim deadlines differ across the states. New York allows three years from the accident date to file your claim. Both New Jersey and Pennsylvania provide two years, making prompt action essential in these states. Regardless of these deadlines, evidence quality deteriorates over time. Contact an attorney immediately to preserve your rights and evidence.

What if the Drunk Driver Refuses a BAC Test?

Refusal to submit to BAC testing creates its own evidence of guilt. New York, New Jersey, and Pennsylvania all impose automatic license suspensions for test refusal. Moreover, even if there is no BAC, officers document physical signs of intoxication even without chemical tests. Your attorney may use the refusal itself as evidence supporting your claim.

How Do I Prove the Drunk Driver Came from a Specific Bar or Restaurant?

Establishing where a drunk driver consumed alcohol may support additional claims against establishments that overserved them. Evidence includes credit card receipts, surveillance footage, witness statements from other patrons, and social media posts. For DUI accident cases in New York, Pennsylvania, and New Jersey, our law firm may also investigate dram shop liability if evidence shows a bar or restaurant violated alcohol service laws.

What Compensation Might I Receive for a Drunk Driving Accident?

Drunk driving accidents may result in higher compensation due to the reckless nature of the at-fault driver’s behavior and the potential seriousness of the crash. Damages may include medical expenses, lost wages, pain and suffering, and potentially punitive damages designed to punish extreme negligence. Each case varies based on injury severity and available insurance coverage.

Should I Accept the Insurance Company’s First Settlement Offer?

Quick, low settlement may be offered in hopes of resolving the claim. Sometimes, however, these initial offers do not account for future medical needs or the complete impact of injuries. You should consider consulting a lawyer before accepting any settlement. Once you accept an offer, you usually cannot pursue additional compensation later.

What Six Steps Should I Take at the Accident Scene?

The actions you take in the minutes after a drunk driving crash can protect your health and your legal rights.

1. Check for Injuries and Call 911: Assess yourself and your passengers for injuries. Call 911 immediately, even if the crash seems minor. Report that you suspect the other driver is intoxicated. This ensures police and paramedics respond.
2. Move to a Safe Location: If you can, move your vehicle to the shoulder or a safe spot away from traffic. If you cannot move your car or you have serious injuries, stay put and wait for help.
3. Do Not Confront the Other Driver: Drunk drivers may act erratically or aggressively. Keep a safe distance. Do not engage in arguments or accusations. Let the police handle the interaction.
4. Document the Scene: Use your phone to take photos and videos. Capture vehicle positions, damage, license plates, debris on the road, and any visible alcohol containers in the other car. Also, photograph the surrounding area, including traffic signs and weather conditions.
5. Identify Witnesses: Ask anyone who saw the crash for their name and phone number. Their independent testimony about the other driver’s behavior before or during the crash provides invaluable evidence.
6. Talk to the Police: Give the responding officer a clear, factual account of what happened. Mention any signs of intoxication you observed, such as slurred speech, stumbling, or the smell of alcohol. Obtain the police report number before you leave.

How Do I Prove the Drunk Driver Came from a Specific Bar or Restaurant?

To hold an establishment accountable for overserving a patron, your lawyer can gather evidence like credit card receipts, surveillance footage from the business, witness statements from other patrons or employees, and the driver’s social media posts.

In New York, New Jersey, and Pennsylvania, our law firm investigates this dram shop liability when evidence suggests a bar or restaurant violated alcohol service laws.

What if the Drunk Driver Has No Insurance?

If the at-fault driver is uninsured or their insurance policy limits do not cover your damages, you may still recover compensation. You can file a claim through PIP or the Uninsured/Underinsured Motorist (UM/UIM) portion of your auto insurance policy.

Your lawyer can review your policy to determine your coverage options.

Does the Driver’s DUI Conviction Automatically Win My Case?

A DUI conviction provides very strong evidence of negligence, but it does not guarantee you will win your civil claim. You still must prove that the driver’s intoxication directly caused the accident and your specific injuries. The insurance company may still dispute the extent of your injuries or argue that another factor contributed to the crash.

Can I Have a Case if the Driver’s BAC Was Below the Legal Limit?

Yes. You can still pursue a claim even if the driver’s BAC was below the 0.08% legal limit. Your attorney can use evidence of impairment—such as witness testimony about erratic driving, the police officer’s observations, or the driver’s admission of drinking—to prove they were too impaired to drive safely, making them negligent and at fault for your injuries.

Getting Started with Your Drunk Driving Accident Claim

Evidence serves as the stones in the foundation of your injury case. Every photo, witness statement, and medical record can strengthen your case for fair compensation.

The trauma of being hit by a drunk driver deserves comprehensive legal support. The Rothenberg Law Firm brings decades of experience fighting for drunk driving accident victims. Available 24/6, our attorneys understand the urgency of preserving evidence. We handle the complex legal work while you focus on healing.

Call (866) 771-4988 to discuss your drunk driving accident case with our experienced legal team.

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