Understanding how to collect evidence after a drunk driving accident in Nebraska can be confusing. The least stressful way to do this is by hiring an experienced personal injury lawyer to assist.
However, injured parties can help legal professionals by taking the time to preserve as much evidence as possible.
But what does that mean, and what is the most effective way to collect evidence after a drunk driving accident?
How to collect evidence after a drunk driving car accident?
- Documenting the Scene
- Obtaining Witness Statements
- Requesting Police Reports
- Collecting 911 Call Records
- Hiring a Personal Injury Lawyer: A lawyer can assist you by obtaining BAC test results, securing surveillance footage, and ensuring proper handling and effective use of all evidence to support your case. They bring expertise in navigating legal processes and maximizing compensation.
What Evidence Is Needed In A Drunk Driving Accident?
Police Reports
The first thing an accident survivor should do after a drunk driving accident is to call the police. A police report is crucial evidence as it documents the details of the accident, including the date, time, location, and parties involved. It will also include any citations or arrests made at the scene.
In Nebraska, it may take time for the full police report to become available. When it is ready, processing times can add several business days to the time it takes to receive the full report.
Considering the detailed request and payment process in getting these reports, it is often more beneficial to hire a drunk driving accident attorney who can request these reports on behalf of their client.
Witness Statements
Witnesses can provide valuable information about the events leading up to the accident and help establish liability.
Sometimes, witnesses may have even seen the driver consuming alcohol before getting behind the wheel. Their statements can be crucial in proving that the driver was intoxicated at the time of the accident.
Considering the devastation that drunk driving accidents cause, it may not always be possible for injured parties to collect witness statements at the scene.
Fortunately, an award-winning personal injury law firm can help accident survivors collect this information to bolster a claim for maximum compensation.
Photographic Evidence
Documenting the extent of damage to vehicles, property, and injuries is crucial in a drunk-driving accident case.
In today’s digital age, almost everyone has a camera on their phone, making it easier than ever to take photos of the scene immediately after an accident.
It is essential to capture images of any visible damage to vehicles and property and any visible injuries sustained by those involved. These images can help establish the accident’s severity and serve as evidence for compensation claims.
911 Calls and Dashcam Footage
If any witnesses dialed 911 after the accident, their call recordings can be used as evidence.
Additionally, if either party involved has a dashcam installed in their vehicle, the footage can also serve as evidence of what happened leading up to and during the accident.
Requesting this information isn’t as simple as calling up the police department, though. An experienced drunk driving accident attorney can assist in obtaining this evidence and ensuring it is admissible in the negotiation process.
BAC Test Results
In most states, including Nebraska, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
If police arrested and charged the driver who caused the accident with driving under the influence, you can use their BAC test results as evidence in a personal injury claim or lawsuit.
Sometimes, drivers may refuse to take a BAC test at the scene. Still, this refusal can also serve as evidence of intoxication in court.
Having the assistance of an experienced drunk driving accident lawyer can ensure that this evidence is obtained and utilized effectively in an accident claim.
Surveillance Camera Footage
Surveillance cameras from the bar or establishment where the driver may have been drinking can also provide valuable evidence in a drunk driving accident case.
This footage can help establish how much alcohol the driver consumed, how long they were at the establishment, and their behavior before leaving.
Surveillance camera footage is difficult to obtain without legal assistance. An experienced attorney can help gather this evidence and ensure it is used effectively in negotiations for compensation.
Hospital Records and Medical Documentation
Medical records and documentation can prove the extent of injuries sustained in the accident and how they have impacted quality of life. A lawyer will use this evidence to pursue compensation for current and future medical costs.
When Is A Driver Legally Intoxicated In Nebraska?
In Nebraska, a driver is considered legally intoxicated when their BAC is 0.08% or higher. However, there are some exceptions to this rule.
For commercial drivers, the legal limit is lower at 0.04%. Additionally, for drivers under the age of 21, there is a zero-tolerance policy for drinking and driving. Any detectable amount of alcohol in their system can result in charges and license suspension.
Remember, even if a driver’s BAC falls below these legal limits, law enforcement can still charge them with driving under the influence if they show signs of impairment such as:
- Slurred speech
- Erratic driving behavior
- Inability or refusal to perform sobriety tests
These signs can be used as evidence in a personal injury case, even if the driver’s BAC was within legal limits.
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How Is Intoxication Determined In A Drunk Driving Accident?
In a drunk driving accident, intoxication is typically determined through several factors, including:
- BAC test results
- Field sobriety tests
- Witness statements
- Police observations
Overall, a combination of these factors can help establish intoxication and strengthen a personal injury case for compensation.
Types of Drunk Driving Accidents
Drunk driving accidents can take many forms, but some of the most common include:
- Rear-end collisions: These accidents occur when a drunk driver fails to stop in time and crashes into the back of another vehicle.
- Head-on collisions: These are often the most severe type of accident, as they involve two vehicles crashing into each other head-on. They can result in catastrophic injuries or fatalities.
- Intersection accidents: Intoxicated drivers may fail to stop at red lights or stop signs, leading to T-bone or sideswipe collisions at intersections.
- Single-car accidents: Sometimes, a drunk driver may crash into a stationary object, such as a tree or utility pole.
No matter the type of drunk driving accident, it’s essential to seek legal representation to pursue compensation for any injuries or damages experienced.
What Damages Can I Recover After A Drunk Driving Accident In Nebraska?
Quantifiable or economic damages are the most common type of damages sought in a drunk driving accident case. These may include:
- Current and future medical costs: Drunk drivers found liable for injuries may have to pay for all medical expenses related to the accident, including hospital bills, medication, physical therapy, and ongoing treatment.
- Lost wages: If injuries prevent accident survivors from working, they may be able to recover lost income through a personal injury claim or lawsuit against the intoxicated driver or their insurance company.
- Property damage: This includes any damages to vehicles or other property caused by the drunk driving accident. It also includes the cost of repairing or replacing damaged property.
Intangible or non-economic damages may also be recoverable in a drunk driving accident. These damages could include compensation for:
- Loss of enjoyment: Compensation may be available if injuries prevent engaging in previously enjoyed activities.Pain and suffering: Covers physical pain and emotional distress from the accident.
Loss of consortium: Family members may seek damages for lost companionship and support due to injuries.
The extent to which these damages may be recovered varies case by case and is based on factors such as:
- The severity and impact of injuries sustained
- The level of intoxication displayed by the driver
- Any previous DUI/DWI convictions or charges against the driver
An experienced personal injury attorney can evaluate your case and determine what compensatory damages you or your family can claim as accident survivors.
Who Is At Fault In A Drunk Driving Accident IN Nebraska?
In Nebraska, courts typically consider the driver operating their vehicle while under the influence of alcohol at fault in a drunk driving accident.
However, other parties may also bear liability for a drunk driving accident, such as:
- Establishments that served or sold alcohol to an already visibly intoxicated minor (known as dram shop liability)
- Vehicle manufacturers for any defects or malfunctions that contributed to the accident
- Local government entities responsible for maintaining safe road conditions
- Employers of commercial drivers who failed to properly screen for and prevent drunk driving behavior
If multiple parties are found liable, they may each be responsible for a portion of the damages awarded in a personal injury case.
Collecting Evidence In A Drunk Driving Accident FAQ
Do I have to pay for a police report?
Police report fees may vary by location. Check the local law enforcement website or contact them for details. A lawyer can help obtain the report if needed.
I don’t know if my evidence is enough to prove fault. What should I do?
If unsure about the strength of evidence, consult with a personal injury attorney who can evaluate a case and provide guidance on what steps to take next. They may also be able to assist in gathering additional evidence or finding expert witnesses to support a personal injury claim.
What if there is evidence that I am partially responsible for the accident?
In Nebraska, comparative negligence determines fault in personal injury cases. Courts may reduce compensation based on a driver’s percentage of fault in an accident. Even if partially at fault, a sober driver can still seek damages from a drunk driver’s negligence.
Where do I get recordings or transcripts of the 911 calls?
You can usually get 911 recordings and transcripts via a public records request. An experienced attorney can help you obtain these and other crucial evidence for your personal injury case.
How To Collect Evidence After A Drunk Driving Accident? Contact Berry Law For Comprehensive Legal Assistance.
Collecting evidence from a drunk driving accident in Nebraska is vital to securing maximum compensation for damages and losses.
Gathering this information can be challenging. Berry Law’s experienced drunk driving accident lawyers can help. Our award-winning team knows how to collect and present compelling evidence in court.
Schedule a confidential case evaluation with Berry Law to learn more about gathering evidence and building a strong case for compensation after a drunk driving accident in Nebraska.
