If you’ve sustained injuries in a drunk driving accident, you may be entitled to compensation. By working with a car accident lawyer in Morrow, you are increasing your chances of getting the money you deserve.
For over 20 years, John Foy and Associates, have been helping drunk driving accident victims obtain fair compensation. Contact us for a free case evaluation at any convenient time.
What Is DUI in Morrow?
Driving under the influence in Morrow means driving in an altered state of mind due to:
- Drinking (maximum blood alcohol content (BAC) allowed in Morrow is 0.08)
- Taking prescription medication
- Taking over-the-counter medication
- Doing illegal drugs
Even if the driver seems drunk, but the breath and blood tests don’t show alcohol in the system, they may still get convicted of driving under the influence.
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Will the Drunk Driver’s Insurance Cover My Damages?
To recover damages in a drunk driving accident case, you need to prove the other party’s negligence.
- Legal duty of care – drivers have a legal duty to act responsibly on the road. This means complying with traffic laws and avoiding accidents.
- Breach of the legal duty of care – drivers breach their legal duty of care when they break traffic laws. Driving drunk is an obvious breach of a legal duty of care.
- Causation – you need to prove that the drunk driver’s breach of duty caused your injuries. For example, a drunk driver ran a red light, crashed into your car, and you suffered whiplash.
- Damages – you have to prove that injuries that you sustained due to the driver’s breach of duty lead to expenses or suffering. For example, you would need to provide medical bills that support whiplash treatment.
If you can prove the drunk driver’s negligence, their insurance should cover your damages.
Is a DUI Conviction Necessary for the Victim to Obtain Compensation?
If you sustain injuries in a drunk driving accident, you don’t usually need to wait for the driver’s conviction to obtain compensation. If you can prove that the driver acted negligently, you can still recover damages regardless of their BAC.
For example, the drunk driver’s altered state of mind kept them from noticing a red light. They run the red light and hit your car. You may be entitled to compensation because the driver breached their legal duty of care to other traffic participants.
What If the Drunk Driver doesn’t Have Insurance?
In some cases, the at-fault driver doesn’t have auto insurance. If this happens, you can still recover damages by suing the driver directly. With a drunk driving accident attorney’s assistance, you can file a lawsuit against the at-fault party.
Another reason why you could sue the driver directly is a low insurance limit. In Georgia, the minimum auto insurance coverage is:
- Bodily injury – $25,000 per person, $50,000 per accident.
- Property damage – $25,000 per accident.
Since drunk driving accidents are often severe, the damage can easily exceed the minimum coverage limit. If this happens, you can sue the at-fault driver for the rest of the amount.
While it’s possible to sue the driver directly without a Morrow drunk driving accident attorney, the process can be complicated. You would have to collect evidence, obtain eyewitness testimonies, file all the necessary paperwork, and present your case in court. Without professional legal assistance, it’s easy to make unfortunate mistakes and lose your shot at fair compensation.
How Long do I Have to File a Lawsuit Against a Drunk Driver?
The statute of limitations for car accident cases in Georgia is two years since the date of the DUI accident. If you miss the filing deadline, your case is likely to be dismissed. However, some exceptions can extend the deadline.
If two years are up, consider calling a drunk driving accident attorney in Morrow anyway. There is still a chance you may recover damages.
What Damages Can I Recover in a Drunk Driving Accident in Morrow?
If you’ve sustained injuries or lost a loved one in a drunk driving accident, you may be able to recover the following compensation:
- Economic damages – medical bills, lost wages, property damage, and any other evidence-backed expenses related to bringing your life back to normal after the accident. Besides recovering current damages, you can also get compensation for future expenses like medical bills and lost wages.
- Non-economic damages – You can get compensation for emotional distress, PTSD, loss of consortium, mental anguish, emotional trauma, and similar problems. With the assistance of expert witnesses, it’s possible to prove the need for future expenses related to these issues.
- Wrongful death damages – if you lose a loved one in a drunk driving accident, you can obtain compensation for pre-death medical bills, emotional distress, loss of companionship, loss of inheritance, funeral expenses, and more.
In DUI cases, the judge is often willing to award punitive damages. The goal of these damages is to punish the defendant for outrageous behavior behind the wheel.
Do I Need to Hire a Drunk Driving Accident Lawyer in Morrow?
If you were hit by a drunk driver and sustained injuries, you could recover damages. While doing it without an attorney is possible, it’s rarely recommended.
A drunk driving accident attorney in Morrow can:
- Provide valuable legal advice
- Collect evidence
- Obtain witness testimonies
- File claims on time
- Deal with paperwork
- Negotiate with the insurance company
- Represent you in court
Doing all the above on your own while you are treating serious injuries or grieving the loss of a loved one is tough. An attorney can help you fight for compensation while allowing you to recover from the accident.
Call an Experienced Morrow Drunk Driving Accident Lawyer Today
DUI accidents often lead to serious injuries. Paying for treatment and recovery on your own is tough, frustrating, and often impossible. By hiring a drunk driving accident attorney, you are improving your chances of getting the financial compensation you deserve.
For a free case evaluation, please contact our drunk driving accident team at John Foy and Associates today.