As discussed in one of our previous blogs about DUI accidents during the holidays, we anticipate an increase in DUI incidents in Kentucky throughout the holidays. Alcoholic beverages are a part of the holiday celebrations for many individuals. For some, spiced cider or rum eggnog during the holidays is a staple. However, there are individuals who will over-indulge during the holidays. If those individuals choose to drive after consuming alcohol, the results can be tragic.
If you are injured in a DUI accident, it is important that you take steps to protect your legal right to recover compensation for your injuries. A conviction of drunk driving or other criminal charge does not guarantee you will receive compensation from the drunk driver’s insurance company. We urge you to contact our office at 888-761-7204 to discuss your legal options with an experienced Lexington DUI accident attorney.
Evidence Is Important In A DUI Accident Case
The evidence in a DUI accident case can overlap the evidence used in the criminal case; however, as stated above, a criminal conviction is different from a civil judgment.
Unfortunately, in the United States, impaired driving is more common than it should be. The dangers of impaired driving are well-known. However, too many people ignore the dangers of drunk driving. Some people choose to believe they can safely drive even if they are drunk. For this reason, Kentucky has strict drunk driving laws to punish individuals who choose to drive while impaired by alcohol or drugs.
If a driver has a blood alcohol concentration of .08 or higher, that person can be convicted of DUI under Kentucky DUI laws. The BAC test for a driver’s blood alcohol level is a test related to the criminal charge. A BAC level of .08 or above does not prove a civil claim for damages. You must prove that the driver caused the “collision” that resulted in your injury.
While being intoxicated pursuant to Kentucky’s criminal statutes can be used as evidence in a DUI accident claim, it does not prove that the driver caused the collision. For example, you could have been the driver to fail to yield the right of way resulting in a collision. You must find evidence in addition to the DUI if you want to recover compensation for your injuries.
Other Evidence Used In A DUI Accident Case
In addition to the police report and the evidence related to the criminal case, evidence we use in a DUI case to prove fault may include:
- Statements from each driver
- Statement from eyewitnesses
- Video from traffic cameras or other nearby recording devices
- The driver’s behavior after the accident
- Physical evidence from the accident scene
- The vehicles involved in the collision
If fault is still in question, we may employ experts, such as an accident reconstructionist, to assist with proving fault.
Contact a DUI Accident Attorney
If a drunk driver injures you, you need an experienced Lexington DUI accident attorney to investigate the accident and build a case against the driver. Contact the Shelton Law Group by telephone at 1-888-761-7204 to schedule a free consultation with a Lexington DUI accident attorney. You may also use our online contact form to get more information or schedule an appointment.