Despite the fact that drunk driving has been a major cause for concern across Milledgeville in the state of Georgia for the better part of a decade, drunk driving accidents continue to be a common occurrence across the state.
If you were critically injured in a collision with a drunk driver, and you do not know where to turn for help, a respected Milledgeville drunk driving accident lawyer at John Foy & Associates may be able to offer legal support when you need it most. Schedule a free consultation today to learn more about your financial recovery options.
How to Take Action After a Drunk Driving Accident in Milledgeville
After being critically injured in a drunk driving accident, you may be ready to take action against the liable party. Holding a drunk driver accountable for their recklessness and negligence will be critical. There are multiple ways in which you can hold the drunk driver accountable and recover the compensation and benefits you are entitled to.
Your legal options might include:
- Filing a claim for worker’s compensation benefits if you were hit by a drunk driver while on the clock
- Filing a claim with your own auto insurance company if you purchased a no-fault auto insurance coverage
- Filing a claim with the drunk driver’s insurance company since Georgia is a fault state for insurance and accident purposes
- Filing a civil lawsuit against a drunk driver and any other parties who may have contributed to causing your drunk driving accident
As can be seen, the circumstances of your case will have a significant impact on what legal options are available to you. Although you may have your own insurance coverage that will cover you no matter who is responsible for causing the accident, if you file a claim with your own insurance company, you can expect them to increase your insurance rates when it is time for your policy to renew.
For this reason, filing a claim with your own insurance company may be ill-advised. You can explore your options further after you go over the details of your case with your drunk driving accident attorney in Milledgeville, GA.
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Grounds for a Milledgeville Drunk Driving Accident Lawsuit
The grounds for a drunk driving accident lawsuit in Milledgeville are based on negligence and damages. Your drunk driving accident attorney will need to carefully examine the circumstances of your case to show that someone else is responsible for causing your injuries.
Generally, with drunk driving accident claims, this could be easily proven by introducing the defendant’s chemical blood alcohol test results, statements from police who performed field sobriety tests, and video of the accident. By proving the defendant’s negligence, you can hold them accountable to the fullest extent of the law.
However, for your civil claim to be successful, your attorney will also need to show that your life has been significantly affected by your drunk driving accident injuries. This does not necessarily mean your injuries must have been life-threatening, catastrophic, or debilitating. However, they must have had a substantial impact on you physically, financially, or psychologically.
Who Is Liable for Your Drunk Driving Accident Damages?
If you thought liability in a drunk driving accident case was going to be clear, you may be surprised to learn there are multiple parties who could share liability for your drunk driving accident damages. Although you may know that you have the right to file a lawsuit against the drunk driver who caused your accident, there are other parties who could also be held accountable for the damages used to stand in a drunk driving accident. These parties could include:
- Dram shops – Dram shops are establishments that sell or serve alcohol. When these establishments serve or sell alcohol to somebody who is already impaired, and that party goes on to cause an accident, the dram shops and dram shop employees can be held accountable for any victim’s damages.
- Social hosts – Social hosts are generally individuals aged 21 years or older who provide alcohol to someone who is under the legal age to consume alcohol. However, social hosts can be held accountable when underage minors cause drunk driving accidents.
- Government agencies – If the roadways were unsafe in some way, thereby contributing to the drunk driving accident, the government agencies or municipalities who are responsible for ensuring the integrity and safety of the roads could be held accountable for your damages.
- Vehicle parts designers and manufacturers – If the drunk driver was operating a vehicle that had faulty or defective parts, the parts designers, manufacturers, distributors, and other third parties could share fault for the victim’s damages.
Drunk Driving Accident Lawsuit Deadlines
The statute of limitations for personal injury claims in the state of Georgia is two years. If you are going to file a personal injury lawsuit for your drunk driving damages, you need to do so before this two-year statute of limitations expires. If your lawsuit is not filed before this deadline, you can expect the Milledgeville civics court system to have no other choice but to refuse to hear your case.
Even if you were to attempt to file your lawsuit, the defense would simply file a motion to dismiss your case on the grounds the statute of limitations had expired. Fortunately, the sooner you get started on your case, the sooner you can avoid issues with the statute of limitations.
Get in Touch with a Milledgeville Drunk Driving Accident Attorney Today
After everything you have been through, dealing with the insurance company and bringing your case to court after a drunk driving accident can seem like too much to bear. Fortunately, you can retain the legal services of a powerful Milledgeville drunk driving accident lawyer at John Foy & Associates and get our team to bring the at-fault party to justice.
Learn more about the claims process and how much your drunk driving accident claim could be worth when you contact us for a free case review. You can fill out our convenient contact form or call us to get started today.