Drunk drivers, especially if they have ever been stopped before, may refuse to take a breathalyzer test at the scene of the accident. They believe that if they keep denying that they are drunk, no one will be able to prove otherwise. Then their insurance company will settle the accident and they will be off the hook.
The driver of the other car may be too injured or shaken to notice what is happening. A passenger or passerby may witness the other driver’s refusal to take the test but believe that the driver who caused the accident was drunk. With luck, they will let the injured driver know what they suspect, but they may not mention their belief to anyone. The insurance company doesn’t care; they just want to settle for as little as possible and move on. The injuries sustained may require extensive treatment; lost wages will exacerbate the problems. Does it matter if the driver was drunk? There isn’t any proof that the injured driver knows about.
Yes, it does matter. An experienced local personal injury attorney will have the resources and contacts to obtain the necessary proof. The sooner the attorney can get to work, the better. There may be videos, photos or field notes taken at the scene by the police. A toxicologist can often substantiate that the other driver was drunk. Eyewitness reports or hospital medical records can be invaluable. The attorney will also investigate whether or not the drunk driver was in his own or a borrowed vehicle. There could be more than one insurance company involved; this could become very important as the claim proceeded.
Dulaney, Lauer & Thomas LLP was founded by Richard Dulaney in 1968. He received his Juris Doctorate from the College of William & Mary. Mr. Dulaney is admitted to practice before the U.S. Court of Appeals, the U.S. Federal District Court and the Supreme Court of Virginia. Mr. Dulaney, Carl Lauer and Andrew Thomas have decades of experience representing injured people. They are experienced in all areas of insurance coverage and personal injury law. Anyone who has been injured and needs to Find an Accident Lawyer In VA should consult one of these fine attorneys for a free case evaluation. Martindale-Hubbell has awarded this firm their highest rating (AV Preeminent).
