Types of evidence required in a DWI accident in Charlotte, NC

Charlotte, NC – One third of all traffic fatalities in North Carolina occur in drunk driving accidents. In 2019, drivers with a high blood alcohol content, of over .15, were responsible for 69.1% of all fatal DWI accidents. If a driver who causes an accident has a high BAC, they will probably face criminal charges. However, the victim needs to file a civil lawsuit to collect damages and you should reach out to skilled Charlotte DWI accident lawyers as soon as possible so they can gather the evidence needed to support your claim.

What types of evidence can be used in a DWI accident? 

Actually, collecting the evidence required in a drunk driving lawsuit starts at the scene of the crash. Here’s what you must do:

Call 911

If you notice that the other driver seems drunk or under the influence of drugs, you must call the police or the Highway Patrol right away. They will subject the driver to a breathalyzer test and the result will be an essential piece of evidence in your lawsuit.

Monitor the drunk driver’s behavior

Some drivers try to hide the smell of alcohol by popping a handful of mints into their mouths. Others use eye drops to disguise the glassy look of their eyes. If you notice such things, make sure to tell the police officer.

At the same time, watch if the other driver tries to dispose of alcohol containers or drug paraphernalia in their car. In North Carolina it is illegal to drive with an open alcohol container anywhere in the passenger area. If the driver shoves stuff from the car into the trunk they may be concealing an open container. 

If the other driver has a slurred speech and his movements are uncoordinated, make sure the investigating officers record the interaction, or you can get a video recording on your phone.

How can a lawyer help in a DWI accident?

Your lawyers will start by requesting the police report on the crash and the results of the breathalyzer or blood tests. 

At the same time, experienced Charlotte accident lawyers will search the area looking for surveillance cameras that might have captured the accident or the other driver’s erratic actions prior to the crash. You also need to prove it was the other driver that caused the accident, no matter their BAC. 

Another important part is checking out the other driver’s record, to see if they had other DWI arrests. This can be used to show a pattern of reckless behavior which can be very helpful in a civil lawsuit, particularly if you want to seek punitive damages on top of the compensatory damages you are entitled to. 

Under North Carolina law, punitive damages can be awarded if there are specific aggravating factors present, such as fraud, malice, or willful or wanton conduct. In a DWI  accident case, willful and wanton conduct applies as drunk driving shows intentional disregard of and indifference to the rights and safety of others. Someone who chooses to drink and drive should know that such actions are reasonably likely to result in injury, damage, or other harm. If your lawyers discover the driver at-fault is a repeat offender this can increase the likelihood of you getting punitive damages. 

Attorneys near me

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Source: Responsibility.org National Drunk Driving Statistics Map – North Carolina