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Motor Vehicle Accidents

The Holidays Are Here and Drivers May Be Intoxicated

November 26, 2021

As we enter the holiday season, it’s important to remember that there will likely be an increase in accidents caused by people driving while under the influence. If you have been injured in a car accident due to someone driving while intoxicated, you may be entitled to compensation. Even if the other driver is prosecuted, do not assume that your losses will be covered if they are found guilty. Instead, contact a Billings car accident attorney to discuss your options. 

Evidence of Intoxication

In almost every car accident case, the main challenge is proving that the other driver was negligent. Even if the driver wasn’t drunk, driving while under the influence is one of the most common causes of negligence that results in car accidents. 

Of course, a conviction or even a citation for DUI can be powerful evidence in supporting your claim. However, even if they weren’t charged or the charges were later dismissed, you can still assert that the driver was intoxicated. If you or other witnesses observed behavior that would suggest the driver was under the influence, that evidence can support your claim for compensation. For example, testimony concerning the following can help prove your case:

  • You could smell alcohol on the driver’s breath
  • Witnesses observed the driver consuming alcohol at a holiday event prior to driving
  • Witnesses observed behavior that would suggest intoxication such as the driver had glassy eyes or was unsteady on their feet

This evidence, together with evidence that they were speeding or otherwise driving unsafely, can help you build a powerful and compelling case. A Billings car accident attorney can help you gather the evidence you need to support your claim. 

Don’t Wait for the DUI Case to be Concluded

The sooner you engage a Billings car accident attorney the sooner you can hopefully get the compensation you need. Your personal injury claim is independent of whatever charges the driver may be facing. Furthermore, it is unlikely that the outcome of their case will result in compensation that will cover all of your losses. In addition, you want to act quickly in order to preserve any evidence that you may need. 

Even if the Charges Are Dismissed, You May Still Have a Claim

The prosecution must prove that the driver was driving while under the influence beyond a reasonable doubt, a much higher standard of evidence than what is applied in a personal injury claim. As a result, you may still be able to prove that the driver was intoxicated or at least negligent. Furthermore, a Billings car accident attorney will be able to obtain the court records regarding the DUI case to better understand your claim. 

Injured in an Alcohol-Related Accident? Contact Billings Car Accident Attorney Jim Ragain

You may be entitled to compensation for your medical bills, lost wages, and pain and suffering, but you need to act promptly to protect your rights. We have office locations in Montana and Wyoming, to discuss your case and how we can help, contact us today at 406-651-8888 to schedule a free consultation.  


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