There’s an accident. We think somebody was drunk. What lawyers call liability determines … Sometimes law enforcement officers call it liability. All liability means is fault. What we’re talking about there is, number one, was there some kind of offense committed and, number two, is this the person who committed it?
When we’re talking about drunk driving, if the law enforcement officer had a breathalyzer test done, administered roadside sobriety test, all that is evidence. If the drunk driver had to go to the hospital, the hospital maybe pulled blood. Law enforcement could have send it to a lab. All of those things will prove the person was drunk.
Without those things, there’s still other ways to prove that somebody was drunk. Where were they and what were they doing? If they were at a bar for three hours before the wreck, there’s a good chance they were drinking. It’s good circumstantial evidence.
Then beyond that, was the wreck their fault? They were drunk. We’ve proven that. Was is it their fault? Those are just the normal things that anybody can figure out. Did they run a stop sign? Did they run a traffic light? Did they not yield the right of way? Things like that. That if you have a driver’s license, everybody knows these things are against the rules.