How Can I Prove a Drunk Driver Caused My Injuries?

 Posted on June 30, 2025 in Car Accidents

A car crash with a drunk driver can change everything in an instant. One careless decision by someone else can leave you facing a long road to recovery. From emergency medical treatment to missed work and lasting trauma, it can be overwhelming to figure out how to move forward.

During this chaos, you deserve answers, accountability, and justice. Proving that the other driver was intoxicated is the first step in holding them responsible and pursuing the compensation you need to rebuild your life. A Santa Clara County, CA car accident attorney can help you gather the right evidence and understand your rights.

What Kind of Evidence Can Prove the Driver Was Intoxicated?

Proving that a driver was under the influence of alcohol at the time of the crash is key to crafting your personal injury case. Some of the strongest forms of evidence include:

• Police Reports: If the responding officers conducted field sobriety or chemical tests, their report may document the driver’s level of intoxication.

• Witness Statements: Passengers, pedestrians, or other drivers may have seen the driver acting intoxicated or drinking before the accident.

• DUI Charges or Convictions: A criminal case can strengthen your civil claim, although your case does not depend on a conviction.

• Bar Receipts or Video Footage: Evidence showing the driver drinking before the crash can help create a timeline of events.

How Does California Law Support Personal Injury Cases?

Under California Vehicle Code §23152, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This statute plays a key role in civil claims through a principle called "negligence per se". If a driver violates this law and causes an accident, that violation can be used to establish fault without the need for additional proof of negligence.

This means that if you can show the other driver was drunk at the time of the crash, you may not need to prove he or she was driving carelessly in any other way, as the violation itself may be enough.

What Actions Should I Take Right After the Crash?

What you do in the minutes and days following a drunk driving accident can have a lasting impact on your ability to recover compensation. As a general overview, it is important to:

• Call Law Enforcement: A police report will document essential facts and may include BAC test results.

• Get Medical Care: Even if injuries seem minor, a medical evaluation provides another documentation source.

• Take Photos and Gather Evidence: Capture clear images of vehicle damage, road conditions, and any signs of alcohol use.

• Speak to Witnesses: Get names and contact details of anyone who saw the crash.

• Avoid Discussing the Case with Insurance Adjusters: Speak to an attorney before making any statements.

How Can a Lawyer Help Prove My Case?

An experienced personal injury attorney can significantly strengthen your case by collecting evidence, obtaining expert opinions, and using DUI laws to show that the other driver was negligent. Lawyers also understand how to navigate the legal system and insurance negotiations to secure compensation for medical expenses, lost income, and pain and suffering.

Consult a South Bay Area, CA Car Crash Attorney

After being injured by a drunk driver, do not wait to take legal action. A San Jose, CA DUI car accident lawyer at Law Office of John J. Garvey, III can review your case, explain your legal options, and work to hold the responsible driver liable for your losses. Call 408-293-7777 today to schedule a free consultation and begin building a strong case today.