At John Foy & Associates, our attorneys bring 350 years of combined experience to that work. With a drunk driving accident lawyer in Chamblee handling your case, you have someone responsible for gathering evidence, dealing with insurers, and explaining your options as your treatment progresses.
Contact our Chamblee car accident lawyer team for a free consultation about seeking compensation from the at-fault driver and any other legally responsible parties.
Steps to Take in the Days After a Drunk Driving Accident
After the accident, you will likely hear from an insurance adjuster. Our Chamblee personal injury lawyer team can help you respond to insurance requests and explain what to expect.
As you begin dealing with the accident’s consequences, give particular attention to the following:
- Follow through with treatment: Attend recommended appointments and tell your provider about symptoms that develop or worsen. If cost or transportation prevents you from attending, let the provider and our team know.
- Record what suggested the driver was impaired: Write down anything you personally observed, such as slurred speech, erratic driving, or an admission about drinking. Include what you remember clearly without filling in gaps.
- Keep the police information available: Save the report number, responding agency’s name, and any information you receive about charges or court dates.
- Preserve photographs and recordings: Keep original files from your phone or dashcam, along with witness details. Contact us before a damaged vehicle is repaired or disposed of if it may need examination.
- Document the financial effects: Collect treatment bills, prescription receipts, repair estimates, and records of missed shifts or reduced hours.
- Review insurance paperwork before signing: A medical authorization or settlement release can have consequences beyond the immediate request. We can explain what the document allows and whether it could affect your claim.
You should also notify your own insurer within the time required by your policy. If an adjuster asks you to estimate speeds, distances, or other details you cannot remember, say that you do not know.
How DUI Convictions Play a Role in Your Case
There doesn’t need to be a DUI conviction for you to pursue an injury claim. The prosecutor decides whether to seek criminal penalties, while your lawyer pursues compensation on your behalf.
The two cases also use different standards of proof. For an ordinary negligence claim, we generally must show that your account is more likely true than not, known as a preponderance of the evidence. Criminal guilt must be proved beyond a reasonable doubt, a higher standard.
Our team will follow developments in the criminal case when they affect your claim, but we do not wait to gather evidence until the prosecution ends. The driver’s criminal case and your need for compensation can move forward on different schedules.
Who Can Be Held Liable for a Drunk Driving Accident?
The drunk driver is often the primary person responsible, but someone else’s decisions may have contributed to your injuries. Potentially liable parties can include:
- The impaired driver: We must show that the driver’s conduct caused the crash and your injuries. A DUI arrest can support the investigation, but it does not establish every part of your claim.
- The driver’s employer: A business may share responsibility if its employee caused the collision while performing work duties. We examine the purpose of the trip rather than assuming that driving a company vehicle makes the employer liable.
- Someone who provided the vehicle: A person who lets someone drive despite knowing they are impaired or otherwise unfit to drive may face a negligent entrustment claim if that decision contributes to your injuries. Vehicle ownership alone is not enough.
- Bars, restaurants, and other alcohol providers: Under O.C.G.A. 51-1-40, a provider may be liable for knowingly serving a noticeably intoxicated person while knowing they would soon drive. The law also addresses willfully, knowingly, and unlawfully serving an underage person with knowledge that they would soon drive. In either case, the alcohol service must be a legal cause of your injuries.
- Other drivers or parties who contributed to the collision: Another motorist’s unsafe driving, for example, may combine with the impaired driver’s actions to cause the crash.
Our drunk driving accident lawyers in Chamblee use evidence such as witness accounts, employment records, receipts, and surveillance footage to determine which claims the facts support.
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Compensation for Drunk Driving Accident Injuries
Your claim should reflect the consequences of the crash, including losses that continue after the first round of treatment. We use medical recommendations, wage records, and other documentation to support the amount we seek.
Depending on your injuries and circumstances, compensation may include:
- The reasonable value of medically necessary treatment, including emergency care, surgery, medication, and rehabilitation.
- Future medical expenses supported by evidence of your expected care needs.
- Income lost during recovery and reduced earning capacity if your injuries limit future employment.
- Vehicle repairs or the value of a vehicle declared a total loss, as applicable.
- Physical pain, emotional suffering, and lasting restrictions on your daily activities.
Under Georgia’s updated medical-expense rules, the amount charged on a bill is not the only evidence used to determine the value of treatment. We also review relevant insurance and payment information when preparing that part of your claim.
Punitive Damages in Georgia Drunk Driving Cases
Punitive damages serve a different purpose from paying your bills and covering your injuries: they punish serious misconduct and discourage it from happening again. Georgia requires clear and convincing evidence of qualifying conduct, such as willful misconduct or a conscious disregard for the consequences.
Georgia generally caps punitive damages at $250,000, but the cap does not apply to an actively responsible defendant whose judgment was substantially impaired by alcohol at the time of the harm, provided the statutory requirements are met. That exception does not automatically apply to every defendant connected to the crash.
We assess both whether the evidence supports punitive damages and whether insurance or other resources may be available to pay an award. A DUI allegation alone does not establish either.
Why Choose Our Chamblee Drunk Driving Accident Attorneys
At John Foy & Associates, we combine 350 years of legal experience with a commitment to treating you with respect and keeping you informed. Our Chamblee drunk driving accident lawyers explain the reasoning behind our advice, so you understand how the evidence, your recovery, and the available insurance affect your options.
We handle the insurer’s requests and settlement negotiations, with video conferencing and e-signatures available when travel is difficult.
Get Help From a Chamblee Drunk Driving Accident Lawyer Today
A consultation with John Foy & Associates gives you a chance to discuss what you want to do next and get a clear explanation of the work involved. We’ll address your immediate concerns, explain any evidence we need to obtain, and talk through how we would pursue your claim.
Contact us to schedule a free consultation with a Chamblee drunk-driving accident lawyer. We can begin reviewing your claim while the police or prosecutors continue their work.