Establishing Negligence in a Drunk Driving Accident Case
To prove liability in a drunk driving accident case in Los Angeles, the plaintiff (the victim or their representative) must establish negligence on the part of the defendant (the drunk driver). Negligence is the failure to exercise reasonable care, resulting in harm to another person. To prove negligence, the plaintiff must establish the following elements:
- Duty of care
The defendant had a duty to exercise reasonable care while operating a motor vehicle.
- Breach of duty
The defendant breached their duty of care by driving while under the influence of alcohol.
- Causation
The defendant’s breach of duty caused the accident and resulting damages.
- Damages
The plaintiff suffered actual damages as a result of the accident.
Types of Evidence in a Drunk Driving Accident Case
- Police Reports If law enforcement officers responded to the accident, their report can provide critical evidence in a drunk driving accident case. The report may include information such as the driver’s blood alcohol content (BAC), any field sobriety tests performed, and any citations issued.
- Witness Testimony Eyewitnesses to the accident can provide testimony about what they saw and heard. Their testimony can help establish the sequence of events leading up to the accident and who was at fault.
- Expert Testimony Experts, such as accident reconstruction specialists and toxicologists, can provide testimony about the cause of the accident and the defendant’s level of impairment.
- Medical Records Medical records can provide evidence of the plaintiff’s injuries and the extent of their damages. They can also be used to establish a causal link between the defendant’s negligence and the plaintiff’s injuries.
- Surveillance Footage Surveillance footage from nearby businesses or traffic cameras can provide visual evidence of the accident and the defendant’s actions leading up to it.
Role of Expert Witnesses in a Drunk Driving Accident Case
- Accident Reconstruction Specialists These experts use scientific methods to reconstruct the accident and determine the cause of the crash. They can analyze data such as skid marks, vehicle damage, and eyewitness testimony to determine the speed of the vehicles involved, the point of impact, and other factors that can help establish liability.
- Toxicologists Toxicologists can analyze the defendant’s blood alcohol content (BAC) at the time of the accident and provide expert testimony on the effects of alcohol on driving ability. They can also testify about the standard field sobriety tests and their accuracy.
- Medical Experts Medical experts can provide testimony about the plaintiff’s injuries, their prognosis, and the cost of medical treatment. They can also testify about the impact of the injuries on the plaintiff’s quality of life and ability to work.
Conclusion
At Los Angeles Lawyer Co.we have years of experience representing victims of drunk driving accidents in Los Angeles. Our team of attorneys and legal professionals is dedicated to helping our clients get the justice and compensation they deserve. If you have been injured in a drunk driving accident, don’t wait.
Contact today to schedule a free consultation and learn how we can help
