Drunk driving accidents can happen to anyone, even people in Powder Springs who take great care to avoid driving drunk themselves. These accidents can cause death, injuries, and property damage—and it happens every day. If you or your family have been affected by a drunk driver, it’s important to get legal help. The losses that come along these devastating accidents are costly, and can often be addressed through a civil lawsuit or legal claim. A drunk driving accident lawyer in Powder Springs can help you when you need it most.
John Foy & Associates has the experience you need. In fact, we’ve been helping DUI victims just like you for over 20 years. Let us put that experience on your side. Our team can help you get the money damages you deserve after you or a loved one has been injured by a drunk driver. Give us a call at (404) 341-6555 or fill out the form to the right to get your free consultation today.
If the drunk driver was arrested, do I still need a lawyer for my case?
Yes, it’s a good idea regardless of whether the drunk driver is being prosecuted or not. Drunk driving is a criminal offense, and the driver will likely be charged with that offense after the accident. But, even if a driver is convicted of drunk driving, that result doesn’t help you directly. Instead, you will need to negotiate with the insurance company to get the money to address your losses. And even in DUI cases, insurance companies rarely pay the full amount the victim deserves—if they don’t have to.
How does the criminal case against the drunk driver affect my accident claim?
If the drunk driver is convicted, it does help your case. That’s because, like in all car accident cases, you need to prove that the driver who caused the accident was “negligent.” Being negligent usually means that the driver didn’t follow the rules of the road, acted recklessly, or was careless. That becomes much easier to prove if the drunk driver is convicted.
That’s because every driver has a duty to others when they get behind the wheel. That duty includes avoiding doing things that could cause harm or property damage. A driver is considered negligent when they violate that duty. Getting behind the wheel in the City of Powder Springs while impaired, whether that is from drugs, alcohol, or even from a lack of sleep is a violation of the duty to you.
If the driver was convicted in a criminal court of drunk driving, there’s not much doubt left about them being negligent. You can practically treat it as a fact. That, in turn, makes your case much easier to win.
However: you can win money for your claim whether the drunk driver is convicted or not. It can be infuriating when a drunk driver gets off without any criminal penalties, but it doesn’t change your rights. A good lawyer will be able to build a case for you regardless of what happens to the DUI driver.
What kind of money damages are available in a drunk driving accident claim?
Drunk driving accidents can cause a variety of damages. Most of them will be related to your physical injuries after a crash, but not all of them. You may be able to recover money for the following losses or experiences.
- Medical expenses. Drunk driving accidents are often severe. They can result in long-term injuries that may affect you for the rest of your life. Those injuries often require extensive medical care, which is expensive. A personal injury case can help you pay for these medical costs.
- Lost wages. When you have been seriously injured, you often cannot work while you recover. Even if you aren’t in the hospital, you may not be physically or mentally able to return to work. In those circumstances, you might be able to get lost wages from your personal injury case.
- Pain and Suffering. You’ll never be able to get anything that will sufficiently compensate you for the experience of being involved in an accident with a drunk driver. But, the law does attempt to help by offering you money damages for the pain and suffering that you experienced during and after the accident.
- Property damages. Your vehicle was likely damaged in the accident. The drunk driver will usually be responsible for repairing your vehicle. In cases where your car is totaled, you might also be able to get the full value of your car. Generally, the measure is what you lost, not what it would take to replace the vehicle, which may not always be the same.
Depending on the severity of your injury, you might also be able to get money for experiences or losses that have not yet happened. For example, if your physical injury will require continued medical care years into the future, the drunk driver will often have to cover those future costs as well. Generally, you will receive those costs as a lump sum either because of a settlement or after a trial in the local courts. You can then save that money and use it when you need it to cover those expenses.
Other future losses might include things like loss of earning capacity, future pain and suffering, and loss of enjoyment of life. In accidents that cause severe injuries, your life may never be the same—these future damages are designed to repay you for that type of often-immeasurable loss.
Talk to a Powder Springs Drunk Driving Accident Lawyer for Free
You don’t have to go through this alone. Having an experienced lawyer on your side can be extremely helpful—and may help you recover more money than you would on your own. Take the first steps and get a free consultation. Call us at (404) 341-6555 or fill out the form to the right to schedule your free consultation today.