Being involved in a car accident is traumatic under any circumstances. But when the crash is caused by a drunk driver, the sense of anger, injustice, and confusion can be overwhelming. In these situations, it’s not just about physical recovery—it’s also about holding the impaired driver accountable and securing the compensation you deserve.
One of the most important things you can do after a drunk driving accident is collect strong evidence. Solid documentation helps prove the other driver’s liability and maximizes your ability to recover damages for medical bills, lost income, pain and suffering, and more. However, gathering evidence isn’t always straightforward, especially when you’re injured or shaken from the crash. It’s in your best interest to hire a drunk driving car accident attorney to help in this endeavor to maximize your compensation.
Why Evidence Matters in Drunk Driving Cases
Proving that a driver was under the influence of alcohol or drugs is essential in both criminal and civil cases. While law enforcement may pursue DUI charges against the impaired driver, that doesn’t automatically guarantee you’ll be compensated for your injuries. In civil court, you must independently prove liability and damages.
That’s why collecting evidence is so important. The right evidence can help show:
- The other driver was impaired at the time of the crash
- Their intoxication caused or contributed to the accident
- The extent of your injuries and financial losses
- That you are entitled to compensation, possibly including punitive damages
Because much of this evidence can disappear quickly, the sooner you act—or the sooner your lawyer acts on your behalf—the better your chances of building a strong case.
Step 1: Document Visible Evidence
- Photograph everything: Take pictures of vehicle damage, debris, and visible injuries. If you can, photograph the inside of the other vehicle (open alcohol containers, etc.).
- Capture driver behavior: If the other driver appears intoxicated—slurred speech, glassy eyes, stumbling—try to record video or take notes. These observations can be useful in court.
- Note details: Write down the time, location, weather, and any statements made by the driver (e.g., “I only had a few drinks”). These details fade quickly after a traumatic event.
The more information you have, the stronger your case will be.
Step 2: Get a Copy of the Police Report
In drunk driving accidents, police involvement is nearly guaranteed. Officers will investigate, administer field sobriety tests or breathalyzers, and possibly arrest the intoxicated driver. The resulting police report is one of the most valuable pieces of evidence you can obtain.
A police report often includes:
- The officer’s observations
- Statements from drivers and witnesses
- Results of alcohol or drug tests
- Whether any citations or charges were issued
You can request a copy of the report from the local law enforcement agency that responded to the crash. An experienced drunk driving car accident attorney can also obtain this on your behalf and help interpret the information in the context of your legal claim.
Step 3: Request the Driver’s BAC or Toxicology Results
If the drunk driver was arrested or taken to the hospital, they likely underwent chemical testing to determine their blood alcohol concentration (BAC) or whether they had drugs in their system.
These test results are often part of the criminal investigation, but they can be used in your civil case as well. Your drunk driving accident lawyer can work with prosecutors or submit a legal request to obtain this data. A BAC of 0.08 percent or higher is considered legally intoxicated in most states, but even lower levels can impair driving and establish negligence.
Step 4: Gather Witness Statements
Eyewitness accounts can add significant weight to your claim. Bystanders, passengers, or other drivers who saw the crash or observed the at-fault driver behaving erratically before impact can provide testimony that supports your version of events.
Your drunk driving accident lawyer can formally interview witnesses, obtain sworn statements, and, if necessary, call them to testify on your behalf.
Step 5: Keep Track of Your Medical Records and Expenses
Your physical and emotional recovery is central to your case. To secure compensation, you’ll need to document every aspect of your medical treatment, including:
- Emergency room visits
- Hospital stays and surgeries
- Doctor appointments and medications
- Physical therapy or rehab
- Mental health treatment for trauma or anxiety
Keep copies of all records, receipts, prescriptions, and mileage to medical appointments. These will be used to calculate the full extent of your economic damages, as well as support claims for non-economic damages like pain and suffering.
Step 6: Track Your Lost Income and Future Earning Capacity
If the accident caused you to miss work, lose your job, or become unable to return to your previous profession, this is a major component of your damages.
Document:
- Time missed from work
- Lost bonuses or benefits
- Reduced hours or duties
- Statements from your employer or HR
- Evaluations from vocational experts (if applicable)
Your drunk driving accident attorney may work with economists or financial experts to project your lost earning potential, especially if you face a long-term disability or a change in career trajectory.
Step 7: Save Communications and Insurance Documents
After the crash, you’ll likely be contacted by insurance adjusters—both yours and the other driver’s. Be cautious. These companies are not on your side, and anything you say can be used against you to reduce or deny your claim.
Save all:
- Emails and letters from insurers
- Recorded voicemails
- Copies of claims or settlement offers
- Any written correspondence with the at-fault driver
Your drunk driving car accident attorney will take over these communications and ensure your rights are protected throughout the negotiation process.
Why You Should Contact a Drunk Driving Car Accident Lawyer
Even with all the right evidence, navigating a personal injury claim after a drunk driving accident can be complex. Insurance companies may offer lowball settlements, dispute liability, or try to shift blame onto you. Meanwhile, the criminal proceedings against the drunk driver may move slowly or result in a plea deal that doesn’t address your financial losses.
That’s where a skilled drunk driving accident attorney with a focus on personal injury can help. They can:
- Gather and preserve key evidence
- Build a compelling case against the at-fault driver
- Calculate your full damages, including future losses
- Negotiate aggressively with insurance companies
- File a lawsuit if a fair settlement isn’t reached
- Pursue punitive damages, where appropriate
Most importantly, they’ll handle the legal process so you can focus on healing.
Don’t Wait—Evidence Disappears Quickly
Time is of the essence in any personal injury case, but especially in those involving drunk driving. Skid marks fade, surveillance footage gets deleted, witnesses forget details and important records may be lost.
By contacting a attorney as soon as possible, you give yourself the best chance of building a strong, evidence-backed case.
If you’ve been injured in a crash caused by a drunk driver, you deserve justice, not just through the criminal system, but through fair and full compensation for your injuries, suffering, and financial losses.
Don’t try to handle this alone. Contact a Huntsville personal injury lawyer today to protect your rights, collect the evidence you need, and start the path toward recovery and accountability.