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DUI Disasters

D.U.I. Disasters

There are many things that you can do to preserve your rights and protect yourself if you are injured in an auto accident caused by a drunk driver. These tips are my top ten things you should do and of course consulting with an attorney after such an accident is very important to a successful ending to a bad event. Remember that you don't always have to hire an attorney due to an auto accident like this but you should always consult one so that you know that you are taking the correct steps for your case and so you know that your rights are protected or are in peril and you need to do something else about it. We have all heard the term "preventive medicine". This is "Preventive Legalism" that should be followed to educate you on the best steps to take to save your legal rights.

1. ALWAYS call the police when you suspect someone is drinking and driving and causes an accident. Getting a police report of the event is crucial. If you know that the other driver is drunk and they admit it, it still is not enough without a police report. Insurance companies live and die by these reports. The police report of accident detailing what happened is the "life blood" that begins and can end every good case.

2. When the police arrive at the scene of the accident be sure to tell them that you suspect the other driver is intoxicated or under the influence of some drug or alcohol if you observe any behavior or evidence that is consistent with this conclusion. You or someone else must be an advocate for you at the scene of the accident to get the police officers to investigate the allegation. In some situations the officers get in too big of a hurry because of safety or other concerns and will sometimes put this concern of yours on a back burner or not consider it at all. When this happens ask the officer for the name of his supervisor and call them to report your concern. "The squeaky wheel gets the grease" and you need to squeak very loudly if you have pretty good knowledge that the other driver was under the influence.

3. OBSERVE, OBSERVE, OBSERVE. Whenever you are involved in an accident you or your passengers need to be very observant of all behavior of the other driver and briefly interact with them to make sure they are alright and to observe any signs that they may be intoxicated or under the influence of any substance. If there is any suspicion of such, be sure to alert the police about such behavior. You also need to watch for anything they may be placing in their mouth to try to ward off the police being suspicious about the smell of their breath.

4. If you see the other driver has alcohol containers that are empty or opened, see if you can take a picture of them without disturbing the peace and tell the police about these open containers. Also watch for the other driver throwing containers into the ditch. Take pictures of these containers but do not touch them and then alert the police officer that there are containers in the ditch that should contain the driver's finger prints and DNA.

5. If possible, watch the driver's field sobriety tests and make notes on what they did or did not do successfully and then share that information with your attorney. Your attorney will know the significance of your observations and might be able to draw some educated conclusions about the tests that could help your case. If you happen to have a video camera, see if you can record the tests given to the other driver.

6. If you are involved in an accident with someone you suspect is intoxicated, never agree to exchange information and not call the police. Call the police before you even talk to the other driver if it is that obvious and call the police as soon as you do have any suspicion no matter how your accident occurred. Police will confirm you suspicion and create a report that can be used in the event you have problems with his insurance company.

7. Obtain a copy of the police report as soon as possible after an accident because if there is anything that is not in police report that you told the police about the other driver being drunk or under the influence, then you need to ask the officer to supplement the report or you need to get to an attorney as quickly as possible. Many times there are criminal charges pending after such an accident and you won't get everything you should when you request the report. So, if the report has huge errors or omissions about what you knew and saw you must take the above steps to try and correct the problem before it is "forgotten or lost".

8. Blood testing is probably the most accurate test for a DUI but if it is not done timely it will not be good to prove that the other driver was under the influence at the time of the accident. Do not delay in reporting the accident as this crucial bit of evidence will be lost. Ask the police if they are going to request a blood test and record their response. You cannot force someone to have a blood test but their refusal in certain circumstances can and will be used against them in a court of law.

9. If you suspect someone has been drinking and driving and that person caused the accident you were involved in, ask them (with a witness standing there) if they were drinking and see if they will volunteer as much information about the drinking alcohol as possible. Listen to all conversations by the other driver that you safely can and report that information to the police when they get to the scene of the accident. Some of this information may not be usable but it could lead to other information that would allow the police to charge the driver with DUI. If you happen to have a recording device with you, you should record whatever you can about these conversations.

10. Don't let the drunk driver leave the scene of the accident if you can persuade them to stay and if not, get their tag number and as much information about them as you can. Many drunk drivers will hit and run from the scene of an accident and so it is imperative that you or someone else in your automobile get their tag and make and model of their vehicle along with any other information that could be used to identify the driver later. Don't presume that the police will easily catch these drivers and write everything down immediately and turn a copy of your notes over to the police, while also keeping a copy for your attorney.

And of course if you are injured as a result of a drunk driver get a free no obligation consultation with my office by calling toll free 1-888-263-0001 and always be alert and looking out for that "other driver".

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Location: 300 W Douglas Avenue | Wichita, Kansas (KS) 67202 | 1-316-263-0001 | 1-888-263-0001 | Email Us