Drunk Driving Accident and Proof: Winning An Injury Claim Against a Drunk Driver

When it comes to pursuing criminal charges against a suspected drunk driver, prosecuting attorneys are required to prove beyond a reasonable doubt that the suspect was indeed intoxicated. Perhaps the most common way of establishing this is by presenting evidence such as a Breathalyzer test or blood test which shows their blood alcohol content (BAC) was in excess of .08.

The Importance of Evidence

However, when it comes to pursuing a personal injury or wrongful death claim against a driver who may have been intoxicated at the time they caused your wreck, it is not necessary to prove without any doubt that they were drunk. Evidence in such civil trials are not held to the same standard. In order to win your claim, you simply have to show that they were the ones to blame. That they were at fault. That they were negligent.


Obviously, if the suspected DWI driver is charged and convicted it makes your lawyer’s job that much easier. They have already been tried against a much higher threshold. However, if they are not facing criminal charges – or there is not enough evidence against them to result in a conviction – that does not mean that your claim will not be successful.

Basic Requirements

All you have to do is prove that they were indeed the driver at-fault, responsible for causing your wreck. All sorts of evidence is available to prove this:

  • The police crash report
  • Witness statements
  • Photographs of the crash scene


Provided that you have hired a qualified Fort Worth injury lawyer to assist you with your case, you should expect to recover the full and fair compensation you deserve against the drunk driver’s auto insurance policy.

Hurt in a Drunk Driving Accident?

Being the victim of a drunk driving accident can be a painful experience. Not only do you have to deal with your injuries, you then have to deal with mounting medical expenses from the emergency room or clinic you were taken to following the accident. Don't let the actions of someone else place you in a difficult situation.

At the Anderson Law Firm, we know that drunk driving accidents, no matter what the level of severity it may be, may bring the accident victims and their loved ones with medical expenses, property damage, and even lost wages as a result of their time injured. This is why we dedicate ourselves to providing our clients with the highest level of support possible and we fight the insurance company of the drunk driver (or the drunk drivers themselves) until we win our clients the compensation they deserve. If you were injured in a car accident, don't delay and contact us today!

Contact us today to discuss the specific of your DWI accident case. Call us locally at 817-294-1900 for a free, no obligation consultation with one of our board certified personal injury trial attorneys.



Other Articles You Might Be Interested In:

Drunk Driving Accidents 101

Fair Compensation for a Drunk Driving Auto Accident

Crash Scene Evidence

Dram Shop Claims – Liquor Liability

Proving that Other Driver Was At-Fault


Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas