Hit by a Drunk Driver? A Georgia Legal Guide to Evidence That Can Prove Your Georgia DUI Accident Injury Case

Have You or A Loved One Been Hurt in Georgia By a Driver Intoxicated on Alcohol or Drugs?

This Georgia legal guide written by The Millar Law Firm of Atlanta, Georgia explains the some of the ways that you can prove that drunk, drugged or impaired driving was the cause or a contributing factor in your DUI accident case, and how this may increase the damages you are entitled to recover.

Key Points:

• Proving Intoxication: Lawyers can show the driver’s intoxication in DUI cases to seek compensatory and punitive damages; this can significantly increase the settlement.
• Evidence Critical for Success: Effective DUI claims depend on evidence of intoxication to secure favorable legal outcomes.
• There are numerous forms of evidence that can prove a DUI. These include blood, medical, police or toxicology reports, and more.

Table of Contents

Securing a successful outcome rests on the evidence. Clear and compelling proof of the driver’s intoxication is needed, and without this evidence, the claims will lack the credibility that is needed to win a favorable settlement. In the following article, we’ll explore the types of evidence that can help to substantiate a DUI accident claim, enhancing the odds of receiving the compensation you deserve. 

What Must Be Proven in a Civil Car Accident DUI Case?

Standard Car Accidents vs. DUI Car Accidents – What Does a Victim or their Car Accident Lawyer Need to Prove?

In a standard car accident, a car accident victim or his or her personal injury lawyer must establish the fault or negligence of the other driver, and the extent and cost of the injuries and damages sustained.

In the case of a DUI car accident, beyond proving the standard elements if the victim can prove the intoxication of the driver involved, an additional claim for punitive damages can be brought, which can significantly increase the settlement or verdict amount.

What Types of Evidence Can Prove an Impaired or DUI Accident Claim?

Under Georgia Law, Several Types of Evidence Can be Used to Prove a Car Accident Was Caused by Drunk or Drugged Driving

Using Law Enforcement Investigative Records and Blood Tests

Georgia Police and Toxicology Reports:

We all know what a police report is. Police reports often contain the results of the officer’s investigation and field sobriety tests, which can be used to prove that a driver was drunk.

A toxicology report is conducted to detect the presence and concentration of alcohol, drugs, and other substances in a person’s body. This is usually gathered through a blood, urine, or a breath test.

DUI injury lawyers are able to access these reports through official legal requests, court orders, or even directly from law enforcement. Toxicology reports are a scientifically accurate measure of the driver’s blood alcohol concentration (BAC) or presence of drugs at the time of the accident. This evidence is absolutely crucial for establishing the driver’s impairment and liability in court, impacts the decisions on the penalties given, and is factored into compensation claims.

Can Police Reports Be Used as Evidence in a DUI Accident Claim?

Yes, police reports are pivotal as evidence in DUI accident claims. These documents provide a formal account of the incident, including the responding officers’ observations on the driver’s condition, signs of intoxication, and the results of any field sobriety tests. Valued for their objectivity and timeliness, police reports help establish the essential facts of the case—such as location, timing, and immediate actions post-accident. They also contain critical observations about the driver’s behavior, like slurred speech or erratic driving, which are instrumental in proving impairment and liability, thus bolstering the claimant’s case for compensation.

Can the Blood Results Be Used as Evidence in a DUI Accident Claim?

Blood tests are frequently used as evidence in a DUI accident claim. The results provide a scientific measure of the driver’s BAC, or presence of drugs in their system at the time of the accident. These results are so crucial because they offer quantifiable evidence of the intoxication or the drug use by the driver. DUI blood results must be collected and processed according to strict legal and medical standards to ensure their accuracy and the integrity of the chain of custody, which is a record of the handling of evidence from the time it’s collected until it’s presented in court. When properly validated, they can strengthen a DUI accident claim and help to establish that the driver was indeed impaired and liable for the accident.

Using Video Evidence to Prove Your Case

Can Body Cam Footage be Used to Prove a DUI Accident?

Body cam footage, which is captured by the cameras worn by law enforcement officers, is also utilized to document interactions during traffic stops and accidents and can help prove a DUI accident. This is because it provides real-time evidence of the driver’s condition following an incident. DUI injury lawyers are able to access this body cam footage through the discovery process, public record requests, or through subpoenas. This footage can demonstrate the driver’s impairment, as it captures their speech, coordination, as well as any field sobriety tests conducted, making it powerful evidence to establish intoxication and support claims in DUI accidents.

Can any Video Evidence of the Accident Be Used to Prove a DUI Accident?

Any video evidence recorded from dash cams, surveillance systems, or even bystander recordings can be used as crucial evidence in reconstructing reckless accidents and proving DUI cases. This footage, which will show the real-time events at the accident scene, is obtained by DUI injury lawyers through a direct request, the discovery process, or subpoenas. Similar to body cam footage, this evidence can be very effective in demonstrating a driver’s intoxication by visually capturing the erratic driving behaviors and the driver’s physical condition after the accident has occurred.

Can Slurred Speech Caught on Video Be Used as Evidence in a DUI Accident Claim?

Yes, slurred speech caught on video can be used as evidence in a DUI accident claim. This type of evidence is compelling because it provides a direct and observable indication of impairment. When a driver’s speech is captured on video—whether from police body cams, dash cams, or bystander recordings—showing signs of slurring, it can significantly demonstrate intoxication at the time of the accident.

Using Direct Evidence From the Accident Scene

Can Open Containers in a Vehicle Be Considered Evidence for a DUI Injury Case?

Open containers in a vehicle, which refer to any unsealed or partially consumed alcoholic beverages, are commonly examined after reckless accidents to indicate recent alcohol consumption. DUI injury lawyers often gather evidence of open containers through police reports, photographic evidence from the scene, and witness testimony. While not direct proof of a driver’s intoxication, the presence of open containers supports claims that the driver was likely drinking before or during driving. This circumstantial evidence, especially when combined with other signs of intoxication like erratic driving or positive BAC tests, can significantly strengthen a DUI injury case.

Can Social Media posts showing alcohol consumption prior to the accident be introduced as evidence?

Social media posts showing alcohol consumption before an accident can serve as evidence in DUI accident cases. These posts, which might include pictures, videos, or status updates of the driver drinking before the crash, need to be verified as authentic and relevant. Legal teams ensure these posts are truly from the driver and match the timeline leading up to the accident. This kind of evidence is strong in court because it supports other evidence such as eyewitness testimonies or toxicology reports, further proving the driver’s irresponsibility and intoxication at the time of the accident.

Can Photos of the Accident Scene Be Used as Evidence in a DUI Accident Claim?

Similar to videos and body cam footage, photos of the accident scene are important pieces of evidence in DUI accident claims. These photos help to document the physical evidence, like vehicle positions, road conditions, and vehicle damage, which helps legal teams to reconstruct the accident and determine factors like speed and impact. These photos can also show signs of impairment, like erratic driving patterns or showing alcohol containers in the vehicle. Additionally, the photos help to corroborate witness testimonies, as well as provide data for insurance assessments. They serve as impartial evidence that can influence the outcome of the legal proceedings and insurance claims in DUI accident cases.

Using a Drunk Drivers Past Criminal History and Convictions

Can any DUI Criminal Case Conviction Be Used as Evidence in a DUI Accident Claim?

Yes, a DUI criminal case conviction can be used as evidence in a DUI accident claim, especially in the civil lawsuits that are filed for damages from that accident. A criminal conviction for a DUI serves as very compelling proof of the defendant’s liability in the civil case, as it shows that the defendant was legally determined to be under the influence at the time of the accident.

Can a Driver’s History of DUI Convictions Be Used as Evidence in a DUI Accident Claim?

In Atlanta, a driver’s history of DUI convictions can be used in civil DUI accident claims to establish a pattern of negligent behavior and prove liability. Georgia law actually permits the use of these prior convictions when considering punitive damages; these aim to punish severe misconduct and deter future issues. The introduction of this evidence is reliant on its relevance and has to be determined that it is not unfairly prejudicial.