Evidence That May Strengthen Your Drunk Driving Accident Claim

If you were struck by an impaired motorist, you may be able to hold them accountable for all resulting damages. First, however, you’re going to have to prove that they were, in fact, liable for the wreck. Then, you’re going to have to demonstrate how you meet Minnesota’s serious injury threshold. This will allow you to bypass the state’s no-fault system, so you can file a third-party claim with the drunk driver’s insurance carrier.

Let’s take a look at the kinds of evidence you may need to gather to prove these two essential elements:

1. Official Reports

The police report that responding officers filed after leaving the scene may mention the motorist’s impairment. Any toxicology reports detailing the results of the chemical tests administered after the crash could also be invaluable when it comes to demonstrating fault.

2. Dash Camera Footage

Chances are at least one of the vehicles that was involved in the wreck—or that was in the vicinity at the time—was equipped with a camera on its dashboard. As advancements in technology make these devices fairly affordable, they’re becoming increasingly more ubiquitous.

If a passing motorist did manage to capture the collision on their dash camera, you’re going to want to reach out and request a copy of the footage as soon as possible. They’re not obligated to retain it, and the software system could overwrite it in a matter of weeks.

3. Testimony from Accident Reconstruction Experts

Accident reconstruction experts are highly trained professionals who can deduce what happened in the moments leading up to a crash by reviewing images of the wreckage. Since you’re going to have to demonstrate how the drunk driver actually caused the collision—merely proving they were impaired won’t be enough to assign blame—testimony from such experts could provide the grounds on which you end up building your claim.

4. Medical Records

Before you can hold another motorist accountable for damages in Minnesota, you must show that you sustained serious injuries because of their negligence. Tort law considers injuries serious if they result in:

• More than $4,000 in reasonably necessary medical bills;
• At least 60 days of disability;
• Permanent injury; or
• Permanent disfigurement.

If you meet at least one of the above requirements—and your own PIP coverage won’t cover all your losses—you may file a third-party claim with the drunk driver’s carrier. Your medical records will inevitably be the strongest piece of evidence when it comes to time to show your losses exceed the serious injury threshold. These records might include hospital logs, diagnostic images, prescriptions, psychological evaluations, health insurance statements, and photographs of any visible wounds (or their subsequent scarring).

Speak with a St. Cloud Drunk Driving Accident Lawyer

At Bradshaw & Bryant, we’re determined to hold reckless and negligent parties accountable for their actions. If you were seriously hurt in a drunk driving accident, we’ll help you gather the kinds of evidence needed to pursue the maximum payout possible. To schedule your free case review with a drunk driving accident attorney in St. Cloud, complete our Contact Form or call 320-259-5414.