While individuals who caused an injury to an innocent person, after consuming alcohol and then getting behind the wheel, have been targets of public scrutiny, the methods used to determine intoxication have also come under scrutiny for the last several years. A DUI injury settlement attorney in Southern Indiana can explain the limitations of field sobriety tests and the more common errors with BAC (blood alcohol content) machines and chain of custody for blood samples. A DWI injury settlement attorney in Southern Indiana can provide the following key benefits to your case.
Discussion of Risks
A DWI injury lawyer can explain to you and the at fault defendant the risks of pursuing litigation. While a plaintiff may feel confident that he or she will be able to recover if there is a trial, a DWI injury lawyer can explain factors that can cause Breathalyzer tests and field sobriety tests to be inaccurate. Experts may be able to testify about how a person’s age, health, consumption of medicine, prior injuries, the roadside testing surface, or footwear can adversely affect field sobriety tests. Likewise, testimony regarding absorption rates can be used to refute the results of a breath test. Even if the plaintiff wins the case, some insurance companies may specifically include clauses or provisions that state that they do not cover accidents caused by intoxication. Therefore, you may win the case but not be able to collect on the judgment if the defendant’s own personal assets and income are limited. It is important that you understand these limitations and risks as you determine whether to proceed with a trial or ask for a settlement.
A personal injury settlement attorney works on cases of this nature on a regular basis. Therefore, he or she is likely has a firm grasp on the potential value of a claim. Through aggressive representation, an OWI injury settlement attorney may be able to help you settle the case as much as possible.