Posted on: 17 June 2016
Driving while under the influence of drugs or alcohol is a serious problem in the U.S. The latest numbers published indicate that 1.1 million drivers were arrested for driving under the influence of alcohol or narcotics in 2014. If you get out of your car, only to suspect that something is not right with the other driver involved in the accident, you'll need to act quickly to gather evidence. If you can prove that the other driver was driving while under the influence, the other driver will be at fault; however, you'll need to gather quite a lot of evidence to build a strong case. Here are 3 things you should do.
Call the Police
Even if the accident is relatively minor, don't let the other driver get away with just your contact information. If you suspect that the other driver is under the influence, call the police immediately. A police officer will be able to assess the situation by either getting the other driver to breathe into a breathalyzer or by conducting a DRE protocol, which is basically a 12-step process used to determine whether a person may be under the influence of drugs rather than alcohol. Make sure you let the police offer know that you suspect that the other driver is under the influence of either narcotics or drugs.
If the police sides with your suspicions, their findings can go a long way in court. You'll be able to use the police report as testimony or even request for the police officer who arrived at the scene of the accident to testify on your behalf.
Video the Interaction
If the other driver is not completely wasted, it might be difficult to prove that they were driving under the influence of narcotics and drugs. Proving that the other driver was under the influence of narcotics is especially difficult, as the other driver can deny the accusations.
Videoing your interaction with the other driver can be helpful in court. The video will show not only the other driver's reactions, but also their physiological condition. For example, they might be extra jumpy or may not be speaking coherent sentences. Your attorney will be able to use the video evidence to question the other driver's state of mind.
Get Witness Testimony
In the event that someone nearby witnessed the accident and also the interactions between you and the other driver, you'll want to get their contact information for later. A witness may be able to provide further insight in regards to the other driver's state of mind. For example, they may be able to testify that the other driver was not responding properly to the questions being asked despite not being injured.
If more than one person witnessed the accident, gather as much contact information as possible. Your attorney will want to determine the credibility of each witness in order to decide who they should ask to testify on your behalf.
Proving that the other driver was driving while under the influence of narcotics can be especially difficult, as it's unlikely that the police officer will ask the other driver to take a drug test. Instead, your attorney will have to compare the physiological state of the other driver at the time of the accident to their normal physiological state in order to build a case.
For help with your case, contact a law office like Knochel Law for assistance.Share