Can Your Buffalo Car Accident Lawyer Use Proof of DUI to Win Your Case?

In this day and age, there’s no excuse for someone to drink and drive. All a person has to do is schedule an Uber on their phone and they’ll have a ride home within minutes. They can get door to door service for a few bucks. Why would they choose to drink and then get behind the wheel?

Despite the fact that it is irresponsible and dangerous, thousands of people in New York drink and drive every year. It’s a matter of being selfish and making poor decisions. When people are drunk or high, they don’t think about other people. They don’t even really think about themselves. Instead, they make selfish and foolish decisions. This usually ends up with innocent people getting hurt or killed.

This is why it’s so important that accident victims call the police immediately after their car wreck. The police can come and check to see if either of the drivers are under the influence of drugs or alcohol. And, more importantly, they’ll cite the other driver for DUI. This way, there is an official record of the fact that they were driving while under the influence of drugs or alcohol. And, your Buffalo auto accident lawyer can use this DUI arrest as proof that the other driver was at fault.

Proof of a DUI Conviction is Useful for Many Reasons

When you think about any motor vehicle accident, you think about who was at fault. And, if you need to take legal action, you’re going to think about proving who was at fault. If the other driver was arrested and convicted of DUI, it will make it rather easy to prove your case. What jury is going to believe that the drunk driver was the innocent victim? And, even if your case doesn’t go to trial, it still helps to have this information. The defendant’s insurance company knows that you’d probably win if the case went to trial. They may be willing to settle your car accident claim rather quickly.

The other thing to consider is that, even if the defendant isn’t convicted of DUI, it still helps prove your case. The fact that they were even arrested for DUI shows that they were probably negligent in some way. Perhaps they were acquitted because their bac (blood alcohol concentration) was .07 instead of the legal limit of .08. Does that mean they weren’t negligent? Of course not. Someone with any alcohol in their system is going to be presumed to be at fault. It would be very difficult to show that the sober driver was more at fault than the driver who was drinking or using drugs.

How Can You Get a Copy of Their Arrest Record?

The good thing about an arrest record is that your Buffalo car accident attorney can get a copy of it. If it’s not available as a public record, your lawyer will subpoena it. They can demand that the court provide them with a copy. Or, they can simply reference the police report which will indicate that the other driver was cited for DUI.

Contact an Experienced Buffalo Auto Accident Lawyer Immediately

If you’re involved in a drunk driving accident, you’re going to suffer very serious injuries. In fact, aside from truck accidents, drunk driving accidents are the most dangerous accidents of all. These crashes usually involve people who are not only driving fast, but they’re also driving recklessly. In these kinds of situations, you can end up with life-threatening or even fatal injuries. The other driver needs to be held responsible for these injuries.

Your Buffalo car accident attorney is going to work hard to prove the other driver was at fault. Thankfully, they can use the DUI as proof that the other driver was at fault. What you need to do is let them know during your free initial consultation what happened. If you know the other driver was charged or even convicted of DUI, tell your attorney. They’re going to order a copy of the arrest records and include it as part of your file. This information is not only useful if your case goes to trial. It’s also great ammunition to convince the defendant’s insurance company to pay your claim.

Call today and schedule your free initial consultation with our Buffalo automobile accident law office. Let an experienced accident lawyer review your case and give you an idea of what it might be worth. They can also answer any questions you may have. The consultation is free and you pay nothing until you settle your case.

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