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Naples Personal Injury Attorney > Blog > Drunk Driving accidents > Evidence That Can Help You in a Drunk Driving Accident Claim

Evidence That Can Help You in a Drunk Driving Accident Claim


Once you file a personal injury claim in Florida, you and your attorney bear the burden of proving liability and negligence. Proving liability and negligence in any personal injury case highly depends on the available evidence. Therefore, after any Florida accident, victims need to gather as much evidence as possible to help their claim. When gathering evidence, you must ensure that you collect only quality and useful evidence. After gathering evidence, you must show the evidence gathered to your attorney so they can help you determine which evidence will be admissible in court and which will be inadmissible. An attorney can also help you gather some types of evidence that you would find hard to collect.

The Uniqueness of Drunk Driving Accidents

Accidents involving drunk drivers are unique compared to other auto accidents. This is because the cause of an accident and injuries in a drunk driving scenario could be a criminal act, depending on several factors. Even though first-time DUI offenders are typically convicted of misdemeanors, sometimes DUI can be considered a felony in Florida.

In Florida, drunk drivers are usually arrested and charged with DUI or DWI. Therefore, if you contacted law enforcers after a drunk driving accident, the driver was most likely arrested and charged with DUI or DWI and maybe later on convicted.

Evidence That Can Help You in a Drunk Driving Accident Claim

The criminal justice system is different from the civil court system. Still, when it comes to proving liability and negligence in a drunk driving accident claim, the two court systems can overlap. Suppose the at-fault party was prosecuted and convicted. In that case, the evidence used to prosecute them can be of great help to your personal injury claim.

When pursuing the claim, you will need evidence such as;

  • pictures of the accident scene
  • eyewitnesses’ testimonials
  • your medical records

Additionally, when it comes to accidents involving drunk drivers, victims have the opportunity to access and use other forms of evidence that are not common in other car accident claims.

Below are some of the unique types of evidence you can access and use in your drunk driving accident claim.


If the driver who hit you has been convicted in a criminal court, then you can use the conviction as evidence in your claim. A conviction is among the best types of evidence you can use in your drunk driving accident claim. The conviction might serve as an indicator that the driver in question was recklessly driving under the influence before the accident happened and is liable for your injuries. Generally, if a judge in the criminal court found the driver guilty of drunk drinking, then the civil court judge will most likely come to the same conclusion.

Police Statements

Usually, when police officers arrest drunk drivers after an accident, they write comprehensive reports about the situation. In their statements, police officers explain what they saw at the accident scene. Since police officers are professionals trained to write these statements, they also provide their professional opinions in those reports. A police officer might even include in their report who they believe caused the accident. Additionally, police officers are less likely to leave out crucial information in their statements.

You will help your case a lot if you acquire a police report written after the accident. However, you will need the help of an attorney to obtain such a statement.

Blood Alcohol Content (BAC) Test Results

Drivers suspected of drunk driving are usually subjected to BAC tests. Under Florida Law, the legally allowed limit for DUI or DWI is anything below 0.08. If the BAC of the driver who hit you was 0.08 or above, then showing the test results in court can help you prove liability and negligence.

If a BAC test was conducted on the day of the accident, your personal injury attorney could obtain a copy of the results.

Criminal Record

Sometimes it is possible to use a person’s criminal record against them. A criminal record can be an indication of a history of negligence. If the driver who hit you has been convicted of DUI before, you stand a chance of convincing the court that the driver is liable for your injuries.

Contact a Fort Myers Drunk Driving Accident Attorney Today

If you are a DUI accident victim or know someone who is, and needs help, reach out to a qualified attorney who can help you prove liability and negligence. To receive legal assistance from a qualified attorney, contact a Fort Myers drunk driving accident attorney at The Law Offices of Marc L. Shapiro, P.A. at 239-649-8050.




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