Drunk driving accidents occur too frequently in Fayetteville – especially since this type of accident is often completely preventable. When someone gets behind the wheel drunk, they are not only risking their own lives, but they are also threatening everyone else around them.
When you or a loved one is involved in a collision with a drunk driver, you have legal rights that may help you get damages after the accident. You can learn more about your options by speaking with a Fayetteville car accident lawyer.
John Foy & Associates offers compassionate, individualized legal services for individuals and families who are victims of drunk driving accidents. We use our over 25 years of experience to get the best results possible for your situation. We know the emotional and physical toll that a collision like this can take, and we want to help. Let us give you a free consultation.
When do DUI Accidents Most Often Occur in Georgia?
DUI accidents can happen at any time – day or night. But, they are more common in the evening. If you want to try to avoid drunk drivers, you should avoid driving late at night and very early in the morning. You may also want to stay off the roads over the holidays as well, particularly on New Years’ Eve and Saint Patrick’s Day.
Drunk driving accident cases also frequently occur when the driver is:
- Leaving a commercial establishment that serves alcohol, like a bar or restaurant
- Leaving a house party or other social event
- Driving while on medications that may have negative effects when mixed with alcohol
- Especially tired while also intoxicated
You should be extra careful around bars and taverns. Be sure to give other drivers plenty of space. If you feel that a driver is being unsafe, or you suspect that they are driving drunk, you can call the police and report the driver even before an accident occurs.
What does It Mean to be Legally Intoxicated?
Drivers are not permitted to drive while under the influence of drugs, alcohol, or other intoxicating substances (including glues and vapors) in Georgia. When you hear the term DUI, most people usually think of alcohol because that is the most common reason that charges under DUI laws occur.
But, you can be considered intoxicated if you’re on other substances as well. The most common example is illicit or illegal drugs, but taking the wrong doses of prescription drugs, mixing medications, or abusing prescription medication can also lead to a DUI conviction.
The legal alcohol limit for adult drivers is 0.08 blood alcohol concentration. Officers may test for this factor by:
- Using a breathalyzer
- Getting a blood sample
- Obtaining a urine sample
- Asking the driver to perform field sobriety tests
The other intoxicating substances are harder to measure. Sometimes the only way to tell if someone is intoxicated by another substance is to test their blood or urine, which generally cannot be done while pulled over on the side of the road.
Regardless of how the driver is tested, they should be tested! If you suspect that a driver who hit you was drunk at the time of the incident, be sure to talk to the investigating officer to let them know about your suspicions. The results of the driver’s test can be very helpful to your personal injury case.
How does Showing that the Other Driver Was Drunk Affect Your Car Accident Case?
You must prove four basic things in court to win your car accident case:
- The other person had a duty to keep you safe.
- The other driver violated that responsibility.
- The violation caused an accident.
- The accident resulted in injuries and/ or property damage.
Every driver on the road owes other drivers a duty to drive safely based on the conditions of the road. When a driver is careless, reckless, or doesn’t follow the rules of the road, then they have “breached” that duty
Getting behind the wheel while intoxicated, whether it’s from drugs or alcohol, also violates that duty. That means that when you can show that the other driver was drunk during the accident, you have already proven the first two things that you must to win your case.
The third requirement is also easier to show when the other driver was drunk. Drinking, and most drugs, will affect the ability to make good decisions while driving. Drunk drivers have the following dangerous attributes:
- Slower reaction time
- Less focus and attention
- Poor problem-solving skills
- Bad motor skills
Because you need focus, care, and quick thinking to drive, there is a strong likelihood that the fact that the other driver was drunk contributed to the accident. While proving this part isn’t automatic, it’s very close.
The only thing left to prove, then, is the link between the accident and your injuries. In many situations, showing that your damages were because of the collision is pretty straightforward. Your Fayetteville personal injury lawyer will be able to help you establish this connection.
What all of this means is that once you show that the driver was drunk, proving that they should pay for your damages after an accident is pretty simple. You may be able to get money damages to address losses like:
- Medical bills
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Loss of future wages or earnings
- Pain and suffering
- Loss of enjoyment of life
Drivers should never get behind the wheel drunk. And when they do, they should be responsible for the damages that they cause. Getting an attorney who has experience with drunk driving accident claims will be extremely helpful. Don’t settle with an insurance company without talking to a Fayetteville car accident lawyer who can tell you what your legal claim is really worth.
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