One person dies every 52 minutes due to drunk driving. If you or a loved one has been in an accident with a drunk driver, you have the right to recover your expenses, including medical costs, lost time from work, and additional financial awards. Talk to a drunk driving victim accident lawyer in Roswell right away.
John Foy & Associates is ready to assist you. We want to get you as much money as possible so you have the financial resources to rebuild your life. Don’t hesitate to reach out to us quickly after your accident so our Roswell drunk driving victim accident lawyers can help you.
What Constitutes a DUI in Roswell?
Drunk driving can mean many things. A negligent driver doesn’t have to explicitly be under the influence of alcohol to drive drunk. According to the Official Code of Georgia Annotated (OCGA) §40-6-391, driving under the influence (DUI) means operating a motor vehicle after consuming an inebriating substance such as:
- All types of alcoholic beverages
- Prescription drugs
- Over-the-counter drugs, particularly those that cause drowsiness
- Illegal drugs, including marijuana and cocaine
To determine whether someone was “under the influence,” law enforcement authorities will usually administer chemical tests. Breath and blood tests can show whether a driver is over the .08% legal alcohol limit.
As little as two drinks can put someone over the limit. Blood and urine tests will also show whether a driver had drugs in their system. Even if the other driver in your accident never had a test administered, it may still be possible for them to be convicted of DUI.
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What do I Do After a Drunk Driver Accident in Roswell?
If you are in an accident, it is essential to seek emergency medical care right away, both for yourself and for anyone else who was hurt. If you are able, we also recommend you take some basic steps to protect your rights. These include:
- Calling the police. Always call the police after an accident, and don’t let the other driver talk you out of it. The police will prepare an accident report that will be an essential piece of evidence in your claim.
- Telling the police the other driver seems impaired. If you suspect the other driver to be under the influence, tell the police. A cop can identify signs of impairment and administer tests.
- Watching for suspicious behavior. Impaired drivers often try to hide the evidence after an accident, such as throwing drugs away or using eye drops or breath mints. If you see anything like this, get photos or video with your cell phone camera.
- Talking to witnesses. Bystanders may have seen the accident happen, or they may be witnesses to the other driver’s impaired state. Get their names and additional contact information.
- Talking to a lawyer as soon as you can after the accident. Cases involving drivers under the influence can be more complicated than other types of accident cases, and it’s almost guaranteed that the insurance company will offer you far less money than your claim is worth.
These are just the basic steps to take after a drunk driving accident to ensure that you have the best chances at a fair settlement. The last thing you want is for a drunk driver to get away with it. Gathering as much evidence as possible after your accident is critical, alongside getting medical attention.
What If the Insurance Company Offers Me a Settlement?
Any offer made by the insurance company or insurance adjuster on their behalf is going to be far less than what you can truly receive in compensation for your damages. Remember, insurance companies are businesses. At the end of the day, their loyalties are to the money they already have, not with helping you get fairly compensated.
Don’t accept any offer they make. In fact, try to avoid speaking with them in any capacity unless it’s absolutely unavoidable. Even then, don’t give out too much information and try to avoid saying anything that may make your damages seem less or make it seem like you were at fault for your accident.
How Much Compensation Can I Get for a DUI Accident Claim in Roswell?
Georgia’s laws give you the right to a complete financial recovery for any accident that is not your fault. That means that you can usually recover 100% of these costs:
- Medical bills
- Prescription drug bills
- Car repair and body shop bills
- Lost wages and reduced earning capability
- The cost of ongoing pain, suffering, or disabilities
- Mental anguish and emotional trauma
- Wrongful death
- Loss of consortium
- Loss of enjoyment of life
So long as your damages were the direct result of your drunk driving accident, we can help you recover financial compensation for them. We will take great care when calculating the value of your settlement and ensure that nothing gets left out.
On average, car accident settlements vary greatly. Some can be several thousands of dollars, while others can be into the millions. It all depends on the context and circumstances of your case. To get an accurate estimate of your settlement, seek a free consultation with one of our drunk driving victim accident lawyers in Roswell.
Recovering Punitive Damages
Drunk driving accidents are treated harshly by the law. You can use this to your advantage, as you may also be entitled to a special category of damages called “punitive damages.”
Punitive damages are not related to the costs of your damages. They act as a form of punishment for the drunk driver whose irresponsible choices caused your accident.
Courts award punitive damages to discourage drunk driving and send a message to the public that if you choose to drive drunk in Georgia, you will pay a heavy price. Because of punitive damages, we have found that many drunk driving accident claims are worth more than $100,000.
Can I Still Be Compensated If I Was Riding with a Drunk Driver?
Yes. All accident victims have the same rights, no matter whose car they were in. But the local courts and insurance companies may treat you differently if you were a passenger in a drunk driver’s car.
For example, they may not want to give you as much money if you knew the driver was drunk but decided to get in the car anyway. If you were a passenger in a drunk driver’s car, it is essential that you consult a lawyer as soon as possible.
Statute of Limitations for Drunk Driving Accidents in Roswell
You have two years from the date of your accident to file a claim for your damages. Once those two years pass, there’s next to nothing you can do to get compensation. It’s therefore critical that you start gathering evidence quickly and building a strong case for your claim. The first step is to contact our Roswell drunk driving victim accident attorneys.
Talk to a Roswell Drunk Driving Victim Accident Lawyer for Free
At John Foy & Associates, we are all too aware of the devastating consequences of accidents. You should never have to pay for someone else’s careless decision to drive drunk. We want to give you a free consultation to talk about your case and explain how we can help.
Contact us over the phone or fill out the form to your right to schedule an appointment with one of our drunk driving victim accident lawyers in Roswell today.