Statistics by the National Highway Traffic Safety Administration (NHTSA) reveal that out of the 1504 road accident-related fatalities recorded in the state in 2019, 30% were alcohol-related. Georgia came fifth in the total number of drunk driving-related fatalities in the country in 2019 with 450 recorded fatalities.
If you or someone you care about suffered the devastating repercussions of drunk driving, you should consult an Ellenwood drunk driving accident lawyer to pursue compensation for injury and damages. At John Foy & Associates, we have experienced drunk driving accident lawyers who will investigate all the events leading to the accident.
We go the extra mile to uncover the external factors and persons involved in the accident to ensure you get the best possible compensation for your injuries and damages.
Why Do You Need a Drunk Driving Accident Lawyer in Ellenwood?
Drunk driving and DUI laws in Georgia are quite complicated. The Georgia Motor Vehicle and Traffic Law prohibits driving or being in physical control of a vehicle with blood alcohol content (BAC) of 0.08% or higher or while under the influence of alcohol. If you are involved in an accident with a drunk driver, it is important to know your rights and how the law will serve you.
The first step you should take is to consult an experienced Ellenwood drunk driving accident lawyer. If the investigation shows that the driver was intoxicated, the insurance company will not have a solid basis to deny responsibility for your injuries and damages. However, this often does not prevent them from trying to use technicalities to skirt responsibility or deny you fair compensation.
A thorough investigation of the accident is necessary to build a solid case and negotiate the best possible settlement for you. When you come to John Foy & Associates, we will use every resource at our disposal to investigate your case to:
- Establish whether the drunk driver has had any prior drunk driving offenses or accidents
- Liaise with the prosecutor to ensure that the criminal case against the drunk driver gets the seriousness it deserves
- Determine whether there any other establishments that share responsibility for the accident under the Dram Shop Rules
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What Damages Can You Pursue in a Drunk Driving Accident Case?
A drunk driver can be held liable for punitive and compensatory damages in Georgia. When a driver causes an accident and is found to be under the influence of drugs or alcohol or both, they can be charged for reckless criminal conduct. While the criminal court can hand down criminal penalties to the driver, you can also sue the drunk driver in a separate civil case.
You can sue for compensation for any injuries, accident-related costs, and punitive damages when you are involved in an accident caused by a drunk driver. Under Georgia law, compensatory damages are meant to recover the damages you suffer and the costs you incur as a result of the accident.
Some of the damages you should be compensated for include:
- Medical expenses – These are the costs of past and future medical costs for the treatment of injuries sustained in the accident
- Pain and suffering – This is compensation for various factors of life, including health impairments, disruption of your everyday life, and loss of life enjoyment.
- Cost of vehicle repairs or replacement – This is the cost of repairing damages on the vehicle caused by the drunk driver or replacing it if it was totaled in the accident.
- Lost wages during recovery – If you had to take time off work to recover after the accident, the drunk driver would be liable for compensating you for the wages you lost.
- Loss of personal property – You can sue for compensation for any personal property lost or damaged in the accident.
- Lost earning capacity – If the accident resulted in permanent injuries, you could sue for compensation for your diminished earning capacity.
- Disfigurement or disability – You deserve compensation for any scarring, disability, or disfigurement resulting from the accident.
An experienced Ellenwood drunk driving accident lawyer would advise you to file a civil case against the drunk driver who caused an accident you were involved in. Georgia Code Title 51 allows you to pursue punitive damages to penalize the defendant for recklessness and drunk driving to penalize the driver and deter drunk driving. However, the law caps the amount of punitive damages a civil court can award you at $250,000.
Note, however, that the laws that guide punitive damages in drunk driving cases vary. Pursuing punitive damages can be challenging, particularly if your lawyer is not experienced with Georgia civil law. It takes effort even for a seasoned drunk driving lawyer to convince the jury that the drunk driver’s actions showed ‘reckless indifference to the consequences’ enough to warrant punitive damages.
What Your Ellenwood Drunk Driving Accident Lawyer Will Do
You can count on John Foy & Associates to:
- Connect you with an experienced Ellenwood drunk driving accident lawyer who cares about you and understands your situation
- Give you an honest assessment of the case, legal options, and possible compensation
- Answer all your questions regarding drunk accidents and your right as a plaintiff
- Use all the resources at our disposal to get you the best possible settlement
- Provide you with frequent updates on the status of the case
- Provide you with all the copies of relevant and case-related communication
- Aggressively pursue all the legal channels to get you a fair hearing and settlement
Contact John Foy & Associates Today
Don’t pay out of pocket for damages related to your car accident if you were injured by a driver under the influence of alcohol. While you recover from your injuries, let an experienced lawyer handle your claim for compensation. Contact the Ellenwood drunk driving accident attorneys at John Foy & Associates today.