When it comes to being involved in a DUI (driving under the influence) accident, the repercussions can be life-changing. The physical, emotional, and financial impacts of such a situation can be overwhelming. Fortunately, you have the right to contact an Atlanta DUI accident lawyer who understands the complexity of DUI accidents and is ready to provide a helping hand in ensuring that justice is served.
If you or a loved one were harmed in a DUI crash, it’s time to get help from an Atlanta car accident lawyer. Call an Atlanta DUI accident lawyer from our law firm; we will help you get started on your accident claim.
What Should I Do After an Atlanta Drunk Driving Accident?
After any crash, it’s essential to call the police and get a formal accident report. However, this becomes even more important if you have reason to believe the impaired driver was under the influence of drugs or alcohol. Share your suspicions with the officer. If it turns out to be a DUI case, you may claim damages from the at-fault party.
You should take down as much information about the collision as possible. For example, observe if the fault driver is trying to get rid of bottles or cans. If they start to use eye drops, they could be trying to cover up bloodshot eyes from marijuana or alcohol use.
A personal injury lawyer in Atlanta will investigate if the motorist has previous convictions. The CDC found that drivers with a history of DUI arrests were six times more likely to have a previous conviction than sober drivers.
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What Counts as Drunk Driving in Atlanta?
The legal limit is 0.08% blood alcohol content (BAC) in Georgia. However, BAC varies based on weight, gender, the strength of the drink, and the time of day you’ve been drinking. Therefore, all drivers should know their BAC limit.
Anyone under the legal drinking age of 21 cannot drink alcohol before driving. Georgia has zero tolerance for any driver younger than 21 having alcohol before getting behind the wheel.
If someone is over the established legal limit, they’re driving under the influence. Drunk driving is illegal, and the law favors the victim after an accident. Even still, you should seek legal guidance to protect your rights and ensure you get maximum compensation.
Does Being High Count as Drunk Driving?
Yes, being high on any drug is considered the same as drunk driving. Under Georgia law, the terminology is driving while under the influence or driving while intoxicated, which applies equally to any drug or alcohol. Any drug that makes you a less safe driver would qualify as a DUI case.
Can I Sue the Other Driver if They Were on Prescription Medications?
Being impaired by a legal drug violates driving laws. Prescription drugs are required by law to have warning labels about any possible impairment. If you don’t smell alcohol or marijuana but suspect something is wrong with the other driver, report your concerns to the officer responding at the scene.
Drunk Driving Fatalities and Costs
According to government statistics, one out of every three traffic deaths continues to involve a drunk driver. The Centers for Disease Control (CDC) reports on impaired driving that one person dies every 50 minutes due to an intoxicated driver. In addition, driving under the influence of alcohol results in over $44 billion in damages each year.
A Statistical Overview of DUI Crashes in Georgia
Georgia recorded 353 alcohol-impaired driving fatalities in 2019, of which 28 victims were under 21. The state registered 3.3 alcohol-impaired driving fatalities per 100,000 population, higher than the national rate of 3.1 per 100,000.
Over the past 10 years, there was also an 8% increase in alcohol-impaired driving fatalities per 100,000 population, higher than the national decrease of 5.7%. Additionally, 64.3% of alcohol-impaired driving fatalities in Georgia involved high BAC drivers (more than 0.15%), while 62.1% involved repeat offenders with more than 0.15% BAC.
These statistics indicate a significant issue with alcohol-impaired driving in Georgia that needs to be addressed through effective policies and enforcement strategies.
Who Can I Hold Liable for My Drunk Driving Accident in Atlanta?
In most cases, the drunk driver must pay for your repairs and other property damages. However, there are situations in which you can hold another party responsible for your drunk driving accident.
For instance, the “Dram Shop Law” in Georgia makes it a crime to serve alcohol to a visibly intoxicated customer or guest.
Bartenders must refuse to serve someone who has had too much to drink. Restaurant servers must monitor the number of drinks a customer has, and that’s easy to do because the server keeps a tab of the orders.
A party host may also be responsible, especially if they knowingly provided alcohol to anyone under 21. If you knowingly served a minor, you can be liable if the teenage driver causes a DUI crash.
How Can Atlanta Drunk Driving Accident Lawyers Help Me?
You can trust our Atlanta drunk driving accident attorney to help win your personal injury claim. We assist in several ways, including:
- Handling communications with insurance companies and other third parties
- Always representing your best interests during negotiations or at trial
- Helping you gather evidence, get medical treatment, and build a strong case
- Contact witnesses and collect their statements in support of your claim
- Calculating your damages accurately to ensure nothing gets left out
Hiring a lawyer from our law firm is virtually risk-free. We never ask for any payment upfront; our initial consultation is always free. In addition, we don’t share your personal information and ensure privacy and confidentiality.
As a bonus, our DUI accident lawyers in Atlanta, GA, don’t accept any payment unless we win your case. So, if we can’t win a settlement on your behalf, you owe us nothing for our legal services.
File Your Lawsuit Within the Georgia Statute of Limitations
The time limit for filing a personal injury case is generally two years, but there are exceptions for shorter periods. Therefore, it’s important to act quickly and hire a DUI accident attorney in Atlanta, GA, before too much time passes.
If you wait too long, you risk losing critical evidence, weakening your chances of winning a settlement. A drunk driving accident victim lawyer in Atlanta will ensure that your claim is filed on time.
What if My Loved One Was Hurt or Killed in a DUI Crash in Atlanta?
Our team has seen the gamut of drunk driving cases over the years, and we’ve unfortunately had to handle a wide variety of wrongful death claims.
If your family member was hurt or killed in a DUI crash, regardless of how it happened, talk to an Atlanta drunk driving accident victim lawyer to learn more about your legal options. Contact an Atlanta DUI accident victim attorney today if a drunk driver injured you.
How Much Compensation Do I Get in an Atlanta Drunk Driving Car Wreck?
You may recover three main types of damages as a DUI victim. They are economic, non-economic, and punitive damages.
Part of the job of a drunk driving attorney is to help you understand the amount of compensation you are truly owed. Then, they handle negotiations with the liable party and their counsel to reach the best possible outcome in your case.
These are the damages you sustain that have a fixed monetary value. Typically, you will have receipts or invoices to keep track of your tangible losses. Economic damages consist of:
- Vehicle repairs or replacement
- Various property damages
- Medical expenses, including treatment, physical therapy, prescriptions, and equipment
- Lost wages and reduced earning capability
You must keep all the bills and other financial documents for your economic damages safe and organized. Then, you can use them as proof of your losses, and it will help our lawyers accurately calculate your settlement total.
Economic and non-economic damages differ because the latter has no fixed value. So, how much you recover in compensation depends on how severe these losses are and how much they’ve impacted your life.
Your non-economic damages will typically include:
- Pain and suffering
- Mental anguish and emotional trauma
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death
- Disfigurement or disability
We know that money isn’t enough to replace everything you’ve lost. However, we hope you get closure, justice, and the means to move forward with your life by bringing you maximum compensation.
The Official Code of Georgia Annotated (OCGA) § 51-12-5.1 allows accident victims to recover a reward for punitive damages if:
- The negligent act committed by the defendant was particularly egregious.
- The at-fault party intentionally tried to hurt you.
- When your accident happened, the person responsible was engaged in illegal activity.
Drunk driving victims often recover punitive damages because driving under the influence of any substance is often egregiously negligent behavior. While we can’t guarantee that every case will qualify, we will ensure you receive a reward if yours does.
A drunk driving accident lawyer in Atlanta will work with you to catalog all the damages that apply to your case. This way, we maximize your compensation package and get you the money you need to recover from your injuries and live a fulfilling life.
Legal Rights for Passengers Who Were in the Drunk Driver’s Car
If you were a passenger driven by a drunk driver and were involved in a DUI accident in Atlanta, it’s important to understand your legal rights. While the drunk driver may bear most of the responsibility for the accident, as a passenger, you also have rights that deserve protection.
You have the right to seek compensation for your injuries, medical expenses, and any other losses you may have suffered due to the accident.
Under Georgia law, passengers injured in DUI accidents can pursue a personal injury claim against the drunk driver. This claim seeks to hold the drunk driver accountable for their actions and to recover compensation for the damages you have incurred. It’s crucial to consult with an experienced Atlanta DUI accident lawyer who can guide you through the legal process and fight for your rights.
What if I Was Partially At Fault for the Accident?
Being involved in a DUI accident is a traumatic experience, but what if you were partially at fault for the accident? It’s important to remember that the legal system takes into account the degree of fault when determining liability and compensation. If you were partially at fault for the accident, it may affect the amount of compensation you receive.
In such cases, consulting with an experienced Atlanta DUI accident lawyer is crucial. They will evaluate the circumstances of the accident and assess your degree of fault. They will then advise you on the best action and help you understand your rights and options.
Remember that even if you were partially at fault, you may still be entitled to some compensation for your injuries and damages. Your attorney will work to negotiate a fair settlement with the insurance companies involved, considering the degree of fault.
Why Choose John Foy for Your Drunk Driving Accident Case?
When it comes to your drunk driving accident case, choosing the right law firm is crucial. And that’s why you should choose John Foy & Associates.
With years of experience and a proven track record of success, our legal team is dedicated to fighting for your rights and getting you the compensation you deserve. Our knowledge and experience with DUI accident cases and our deep understanding of Atlanta laws and regulations make us a fantastic advocate for your case. Don’t settle for just any law firm – choose John Foy & Associates and trust that you’re in good hands.
Talk to an Atlanta Drunk Driving Accident Lawyer for Free
Driving is a privilege and requires responsible behavior. John Foy & Associates has 20 years of experience representing people injured by drunk drivers. Therefore, you can trust the results of our clients.
Contact our Atlanta DUI accident lawyers for a free consultation. We are available 24/7 to help you schedule an appointment as soon as possible.