Did you suffer devastating injuries in a collision with a drunk driver? Are you struggling to cope with the aftermath of your injuries? You can hold the drunk driver and other liable parties accountable by pursuing legal action against them.
A respected North Decatur drunk driving accident lawyer at John Foy & Associates is here to help. Call our office for a free consultation today to learn more about what legal options may be available to you and how to get the most out of your claim.
Liability for Drunk Driving Accidents in North Decatur
Figuring out who is responsible for causing your drunk driving accident is critical if you hope to recover your damages in full. Although you might have assumed that the drunk driver is responsible for your damages, you might be surprised to learn that there are other parties who could also share liability for your damages. Here is more:
The Drunk Driver
You may be able to file an insurance claim or civil lawsuit against the driver who was under the influence when they hit you. All drivers owe other passengers and motorists a duty of care when operating their vehicles.
Since the defendant could have reasonably foreseen that their drunk driving could cause a collision or death, they may be held accountable both criminally and civilly for their negligence. This means the state may opt to press criminal charges against the drunk driver in addition to your right to file a civil claim against them.
Social hosts are typically adults, or anyone 21 years of age or older, that supply alcohol to someone who is already intoxicated or under the age of 21. Social hosts can be held accountable for the actions of those they provide alcohol to when these individuals go on to cause serious injury or death as a result of their intoxication.
Similar to social host responsibility laws, dram shops can also be held accountable for injury victims’ damages according to Georgia dram shop liability laws. Here, dram shops, or places of business or establishments that serve or sell alcohol, can be held accountable civilly for injury victim’s damages.
For your lawsuit to be successful, your drunk driving accident attorney in North Decatur will need to be able to show that the dram shop or dram shop employee knew or should have known that the individual they were selling alcohol to was already under the influence at the time of the sale.
Other Liable Parties
The way in which your drunk driving accident occurred could also lead to other parties sharing liability for your damages. Although the drunk driver may be responsible for causing the accident, if there were other factors that contributed to the collision or the roads were unsafe at the time of the accident, other parties, such as government agencies, municipalities, auto parts designers in Manufacturers, and more could also be at-fault.
For this reason, your drunk driving accident lawyer in North Decatur, GA will need to thoroughly investigate the circumstances of your case to reveal all culpable parties.
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How to Recover Your Damages in Full
If you are hoping to recover your damages in their entirety, you may need to be prepared to not only file a claim with the insurance company but bring your case to court as well.
File an Insurance Claim
Filing an insurance claim after a drunk driving accident is one of the top ways to recover your compensation after a collision in North Decatur. However, insurance claims can vary widely depending on the circumstances of your case.
Georgia is a fault state for auto insurance purposes, so you will file a claim with the liable party’s insurance provider. However, if you opted to purchase your own no-fault insurance coverage, you may also have the right to file a claim with your own insurance company to recover certain types and amounts of damages.
Additionally, if your drunk driving accident occurred on the clock, you may be entitled to worker’s compensation benefits. Your North Decatur drunk driving accident attorney can carefully examine the circumstances of your case to determine whether you have the right to file an insurance claim, and if so, which insurance claim to pursue.
File a Civil Lawsuit
Despite the fact that there are multiple opportunities to file insurance claims and drunk driving accidents, in many circumstances, the insurance settlement simply is not enough to cover your damages in full. You have the right to be compensated for every loss.
You should not be limited by the amounts or types of coverage purchased by the policyholder. Bringing your drunk driving accident case to a civil court may be the best way to ensure you are able to recover your damages in their entirety.
Recoverable Losses in Drunk Driving Accident Claims
You have the right to be repaid for every loss when you have been hit by a drunk driver. You should never be stuck dealing with the consequences of someone else’s actions.
Although you may already be dealing with the physical implications of your injuries, you have the right to be repaid by the defendant for every loss. Here is more about the different types of recoverable damages in North Decatur drunk driving accident claims:
General damages are also commonly known as non-economic damages. These types of losses account for how your entire life has been affected by your drunk driving accident injuries. Examples of general damages awarded in drunk driving accident lawsuits include:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Skin scars
- Disfiguring injuries
- Embarrassment and indignity
- Fear and shame
- Shock and anticipation
- Inconvenience and reputational damages
Special damages are commonly referred to as economic damages. These are the losses that have affected you financially. There is no monetary cost you should be stuck covering when someone else is responsible for causing your injuries and subsequent damages.
Examples of special damages you have the right to recover following a drunk driving accident in north Decatur include:
- Loss of income
- Diminished earning potential
- Existing in future medical care
- Costs of vehicle repairs
- Other property damages
- Increases to insurance premiums
- Damage to your credit report and score
There is also a chance you could be awarded exemplary damages in your drunk driving accident claim. Exemplary damages are also commonly known as punitive damages. They are called as such because they are designed to punish the defendant for actions the court system deems intolerable, abhorrent, or grossly negligent.
Punitive damages are only awarded when the court system finds it absolutely necessary to punish the defendant beyond your compensatory losses.
Contact a Drunk Driving Accident Lawyer in North Decatur for Help Today
You do not need to go up against a negligent drunk driver and their insurance company on your own. With help from an experienced North Decatur drunk driving accident lawyer at John Foy & Associates, you can make the liable party pay.
Fight for the total recovery of your damages when you contact our office for a no-cost, risk-free consultation. You can get started on your case as soon as today by filling out our online contact form or calling our office to claim yours.