Auto-Accident Attorney: 3 Types of Evidence That Can Prove That the Other Party Was Driving While Under the Influence

Driving under the influence of drugs and narcotics is just as dangerous as driving while intoxicated. Studies have shown that those driving while under the influence of drugs or alcohol are three times more likely to get into a fatal car crash than those who are sober. With that said, if you are involved in a car accident and suspect that the other driver is driving while under the influence of drugs, having some evidence to bring to your auto-accident attorney can really help your case. Proving that the other party was under the influence can remove all doubts that you contributed to the accident. In addition, it could really help your attorney negotiate a better settlement on your behalf. Here are three types of evidences that can help your case.

Photographic Evidence of Narcotics Found in Their Car

If you suspect that the other driver was under the influence of drugs, then you should know that this can be hard to prove. However, consider taking a look at the inside of their car to see whether you can see any narcotics or any signs of narcotic usage. While you can't search the vehicle, you can take a quick look while photographing the damages on their car. Don't hesitate to snap several shots of anything that you believe might incriminate the other party. Any evidence you find should also be given to the police officer that responds to the call.

For example, you might find an empty baggy that looks like it contained cocaine or methamphetamine at one point. Traces of the drugs may be seen in the baggy. Or, you might find equipment used for taking drugs, such as needles, bongs, or even rolling paper.

Video Evidence Documenting Unusual Behavior

The way that the other party acts upon stepping out of the car might also lead you to suspect that they are under the influence of drugs. If they are wobbling all over the place, incoherent, or extremely excited and tensed, their behavior might sway a jury or a judge to believe that your assumptions were correct. Further investigation into the matter might give you the solid proof that you need. Document any unusual behaviors by taking video evidence of the other party doing unusual things. For example, you might want to record the conversations between you and the other party if the other driver involved is incoherent or rambling all over the place in an unusual manner.

You should make sure that the video clearly shows the face of the driver and the fact that they got in or out of the driver's seat. This is especially true if the other party involved in the accident is rather large. You don't want them to switch up the story later on and claim that someone else was actually the driver.

Witness Testimony or Police Reports to Back Up Your Claims

To prove to the court that you are not biased in any ways in regard to your claims, find a witness that can testify on your behalf and support the claims that you've made. If you suspect that the other party is under the influence of drugs, you might want to stop a passing car and ask the driver to monitor the behavior or the actions of the person you believe to be under the influence. In addition, you should always call the police, even if you only got into a relatively minor accident.

A police officer will be able to better investigate your claims. If the police officer is under the same assumptions as you, they can further their investigation by requesting for a blood sample or a urine sample. A police report could really help strengthen your case.


Being able to prove that the other party was under the influence of drugs can really help your case. It shows that there's a good chance that you're not at fault since you were driving with a sound mind. If anything, solid proof can also be used to prove that the other driver isn't a responsible individual. Your attorney can use the evidence to help you negotiate a better settlement out of the case and with a much easier time, as the other party will most likely want to settle before trial starts, since going to court won't likely lead to a favorable outcome for them. 

Contact a law firm such as Swartz & Swartz P.C. to get started on your case.