Driving under the influence of alcohol or drugs is one of the primary causes of motor vehicle accidents in Carrollton and nationwide. It’s also a leading cause of fatalities—and even non-fatal DUI accidents often involve particularly severe injuries. If you, your child, or any member of your family was hurt by a drunk driver, you need to know that you have legal rights, including the right to recover a substantial amount of money. This money can offset medical bills and other losses from the accident. Don’t let the insurers or the courts sell you short. Talk to a Carrollton drunk driving accident lawyer.
John Foy & Associates is on your side. We founded out law firm as a small local law office, and have grown to become one of the most respected personal injury firms in Georgia. For over 20 years, we have served the public with one purpose: to help those who have been injured. We understand the shock and anger that comes with a drunk driving accident, because we’ve helped other families navigate the same situation. Let us give you a FREE consultation to help you start your claim. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.
What are my rights if I was injured by a drunk driver in Carrollton?
You have the same rights as any other victim hit by an at-fault driver, and you may have some additional rights as well. These rights include:
- Recovering ALL of your costs related to the accident, such as medical bills, car repairs, and missed work time. Your financial recovery should make you 100% whole financially.
- Recovering additional money for pain and suffering or other personal losses. This money is designed to help you rebuild your life and deal with the impact of a severe injury.
- You may also be entitled to “punitive damages.” This is additional money the drunk driver is ordered to pay to you as a form of reparation for their reckless, illegal behavior.
- In a fatal car accident, your family can file a wrongful death claim on behalf of your loved one, and recover many of the same costs they would have recovered if they were alive.
The driver does not have to be convicted of DUI for you to recover most of these damages. However, if they are convicted, it may make your case stronger.
What if I think the driver was on drugs?
DUI is DUI, no matter what substance is involved. Under Georgia law, it is illegal to operate a vehicle while under the influence of alcohol, drugs, or other “intoxicating substances.” Anything that affects the ability to think, move, make decisions, or react counts as an intoxicating substance.
Of course, the symptoms of some substances are easier to notice than others. We all recognize the slurred speech and stumbling of a drunk person, and it’s easy to recognize the smell of marijuana or the bloodshot eyes. But what about meth? What about someone on caffeine pills—who is too jumpy and unable to focus behind the wheel? Or, what about a simple over-the-counter substance, like cough syrup, that simply makes a driver too drowsy?
The truth is, you don’t have to know what specific substance a person is on to know they’re acting strangely. If possible, the best thing to do is tell police at the scene. Let them know you suspect the person may be on some kind of drug, and ask them what they can do about it. Police can administer a blood test, which will pick up any drug at all—not just alcohol like a breath test does.
Even after the fact, it’s not too late to gather evidence. Our investigators will talk to witnesses, examine the police report, and try to pull footage if any of the accident scene. We can also cross-examine police officers, who may recall the driver acting strangely even if it was not in their report.
Legally, you have the same rights no matter what substance the driver was using. We can help you prove it.
My teen was involved in a DUI accident. What should I do?
Be very careful. Whether or not your teen was intoxicated, or even the person behind the wheel, there will be questions about underage drinking, as well as distracted driving (which is common with teenagers). If your child is not at fault for the accident, they have the same rights as any other accident victim—even if they drank illegally. But the issue of underage drinking may be used to discredit your child, reduce how much they are paid, or even put fault for the accident on them.
In general, in a drunk driving case:
- Passengers are never at fault, whether they were intoxicated or not. Even passengers who knew the driver of their car was intoxicated do not share in fault. They are considered victims who have the same rights to recover money.
- Likewise, while underage drinking is a criminal matter, it does not affect your child’s right to recover money as long as they were not the one driving.
- Nonetheless, both insurers and the courts may view underage drinking as grounds to reduce the amount of money your family is able to recover.
Injuries can often be particularly traumatic when they happen to a young person. You and your family are already facing a difficult time—you do not deserve to be blamed, scrutinized or shamed. Our car accident attorneys can handle the insurers and the public aspect of your case, and allow you to focus on your family and the difficult process of healing.
Talk to a Carrollton Drunk Driving Accident Lawyer for Free
Drunk driving is not just illegal. It ruins lives. We’re here to help you and your loved ones make the fullest recovery possible. John Foy & Associates will give you a FREE consultation—and we charge you nothing if we cannot recover money for you. Call us at 404-400-4000 or fill out the form to your right and get your free consultation today.