In a world where road safety is of paramount importance, cases involving drunk drivers persist as a significant cause for concern. If you or a family member has found yourselves entangled in the aftermath of an accident with an intoxicated driver, you may be pondering the prospects of securing justice with the guidance of a car accident lawyer in Calgary. While the legal landscape does not offer certainties, this blog is dedicated to meticulously examining the myriad factors that influence these cases. Our mission is to provide you with a comprehensive and compassionate understanding, offering insights into what to expect as you navigate the pursuit of justice in these trying circumstances.
Evidence is Key
Winning a case against a drunk driver hinges largely on the strength of the evidence you can present. The following types of evidence are crucial:
a. Blood Alcohol Content (BAC): BAC levels can be a compelling piece of evidence. If the driver’s BAC exceeds the legal limit, it is strong proof of their intoxication. Modern breathalyzer technology and blood tests provide accurate readings.
b. Witness Statements: Eyewitness accounts can be invaluable. They can describe the driver’s behaviour, the accident, and any signs of intoxication they observed.
c. Police Reports: Police officers at the scene will record their observations, conduct field sobriety tests, and administer breathalyzer or blood tests. These reports can be vital in establishing the driver’s impairment.
d. Video Footage: Dashcams, security cameras, and smartphones often capture accidents. Video evidence can provide an indisputable account of the incident, including the driver’s actions before and after the crash.
e. Accident Reconstruction: In complex cases, accident reconstruction experts can provide analyses that recreate the events leading up to the accident, helping to establish fault.
Criminal vs. Civil Cases
In cases involving drunk drivers, there are typically two legal processes at play: a criminal case and a civil case.
a. Criminal Case: The province prosecutes the drunk driver in a criminal case. If convicted, the driver may face penalties like fines, license suspension, and even jail time. However, a criminal conviction does not automatically entitle you to compensation for your damages.
b. Civil Case: To seek compensation for your injuries and damages, you will need to file a civil lawsuit against the drunk driver. Winning a civil case often depends on proving the driver’s negligence and demonstrating how their actions directly led to your injuries and losses.
Insurance Companies and Compensation
In many cases, the drunk driver’s insurance company may end up paying for your damages. However, insurance companies are notorious for trying to minimize these payouts. They may dispute liability or downplay the extent of your injuries.
To secure a fair settlement, you will likely need an experienced car accident lawyer in Calgary who can negotiate with the insurance company on your behalf. In cases where the insurance company refuses to cooperate, taking the matter to court may be necessary.
Having the right legal representation is paramount when pursuing a case against a drunk driver. An experienced car accident lawyer will guide you through the legal process, collect and present evidence effectively, and negotiate with insurance companies to ensure you receive the compensation you deserve.
Winning a case against a drunk driver can be difficult, but it is possible with the right evidence, legal expertise, and persistence. As we discussed, the strength of your case depends on various factors, including the quality of evidence, state-specific DUI laws, and the competence of your legal representation. If you find yourself in such a situation, consult with a qualified car accident lawyer in Calgary who specializes in personal injury or car accident cases. They will provide the guidance and support needed to navigate the complexities of the legal system and work towards a favourable outcome.
Remember, holding a drunk driver accountable helps you receive compensation for your losses and contributes to road safety by discouraging irresponsible behaviour behind the wheel. Stay safe, and never hesitate to seek justice when necessary.
As the senior lawyer at Dunlap Injury Law, Timothy Dunlap has over 30 years of experience handling some of Alberta’s toughest cases, making him the top choice for those seeking just and fair compensation. Whether you have been injured in a vehicle, motorcycle, or pedestrian collision, or have a legitimate personal injury claim, we here at Dunlap Injury Law can offer you the legal advice and support you need. We serve all of Alberta, including Grande Prairie, Calgary, Fort McMurray, and Edmonton. You’ll get the compensation you deserve with Calgary’s leading personal injury lawyer Timothy Dunlap and his team. Contact Dunlap Injury Law today