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Types of Evidence That Can Prove Fault in an Accident Involving a Drunk Driver

Below is an overview of the types of evidence your attorney may use to prove the drunk driver was responsible for the accident and your injuries.

If you get injured in an accident caused by a visibly intoxicated truck driver, you may assume their insurer will automatically compensate you for your injuries and damages. However, that’s generally not how accident injury claims work.

The truth is that even if the accident left you with severe injuries, you generally won’t receive compensation until you prove beyond reasonable doubt that the other driver caused your injuries. Below is an overview of the types of evidence your attorney may use to prove the drunk driver was responsible for the accident and your injuries.

Police Report

One of the critical and obvious pieces of evidence your attorney can use to build a strong case against the drunk driver is the police report.

When the police arrive after an accident, they generally write down everything they observe at the accident scene.  So if the truck driver showed any signs of intoxication, chances are the police officer included observations of impairment in the police report. Your attorney may use this as evidence to prove the truck driver was driving while drunk, and their negligence caused your injuries.

Blood Alcohol Content (BAC) Test Results

If the police officer suspects a driver is drunk, the first thing they will do is administer a BAC test. If the BAC results are 0.08% or more, the driver is considered legally intoxicated. Your attorney can use the BAC results to convince the insurance company your claim has merit.

Field Sobriety Tests

This is another test the truck driver may be required to take if they exhibit signs of intoxication. If the driver fails this test, your attorney can use the test results to strengthen your case.

Previous DUI Citations

If the truck driver has previous DUI citations, your attorney can use these citations to prove the other driver has a habit of getting behind the wheel while drunk.

Medical Evidence

If the truck driver sought medical treatment, chances are their treating doctor noted in their medical report they were drunk. Again, your attorney can use this as evidence.


Statement from eyewitnesses can also serve as compelling evidence to pin down the at-fault driver. Eyewitnesses can share crucial information about the trucker’s behavior after the accident. Your attorney can also go out of their way to track down the bar or restaurant that served the driver to support your claim further.

In addition, if the trucker admitted they were drunk after the accident, their incriminating statement can be used as another piece of irrefutable evidence.

St. Louis Car Accident Lawyer

Have you been injured by a drunk driver in St. Louis? Call the experienced St. Louis car accident lawyers at The Hoffmann Law Firm to learn more about your legal rights after a car accident.

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