Recovering Compensation After a Drunk Driving Accident
Our Atlanta, GA drunk driving accident lawyer understands the devastating impact of car accidents caused by a drunk driver. Any accident can be devastating, but when it is the result of another person’s intentional, reckless, or wrongdoing due to alcohol, the situation will be worse. Medical bills may be in the tens of thousands and working might be impossible.
The physical pain may be excruciating and the emotions you’re going through could range from confusion, anger, and stress. The fact of the situation is that you need help and as quickly as possible. Georgia law allows you to seek more monetary damages against a drunk driver who caused your accident.
Under Georgia law, you are entitled to be made whole for your injuries, pain and suffering, and lost wages. When a drunk driver causes your accident you also get to seek punitive damages, damages to punish the other party (the drunk driver) for their terrible decision to drive under the influence of alcohol and cause your accident. If you’re ready to get relief from the burdens of an accident caused by a drunk driver, call The Law Offices Of Andrew Lynch today.
Elements of a DUI Personal Injury Case
A number of criteria, referred to by lawyers as legal elements must be met in order for an injury victim to be eligible to receive a settlement from the person directly responsible for their injury. The challenges of a personal injury case are largely based on Georgia law and how it applies to the facts of your case. Success is often dependent on having a skilled lawyer representing you, the victim. At The Law Offices Of Andrew Lynch, our lawyers have the experience and resources necessary for handling even the most complex of cases. Andrew Lynch has over a decade of specialized legal knowledge and experience in the courtrooms of Georgia dealing with Georgia law as it applies to drunk drives and the damages their actions cause innocent people. Every case is different, but the following criteria often must be met:
- A car accident occurred, and the victim’s lawyer can prove that the other driver was responsible, at fault, for causing the accident.
- The car accident resulted in the victim sustaining a serious injury. This is usually done through the lawyer receiving a complete copy of your medical records and consulting the appropriate medical experts to support your case.
- Additional proof, such as police reports that the other driver was DUI and caused the accident, as well as physical evidence at the accident scene, can be critical for establishing liability. The victim’s lawyer must provide proof that the other driver is liable and that there is a preponderance of the evidence (more likely than not) the other driver was under the influence of alcohol or drugs to the point they were not safe to drive on the roads of Georgia.
- The victim’s lawyer must detail their client’s damages and the associated costs of each. Proof of these costs must also be provided. These damages are what is referred to as special damages, damages we can put an exact dollar amount on. Damages such as pain and suffering are more difficult to assign values because of course there are no receipts. These damages under Georgia law are determined by the “enlightened conscience” of your jury. This phrase basically means the amount is what your twelve jurors collectively assign to your case. Testimony from the victim’s professional caregivers, medical providers, including psychologists, friends, and family members will be considered by the jury.
- Finally, unlikely almost all other personal injury cases, a victim of a DUI accident may seek punitive damages without any limit against a Drunk Driver. This simply means a jury in your case will not only consider the monetary value of what you went through but also if there should be additional monetary damages beyond what they believe your case is worth to deter the Drunk Driver from making future bad choices like the one that brought your case to court.
Teens and Drunk Driving
The Atlanta-based Centers for Disease Control and Prevention (CDC) reports that car accidents are a leading cause of death among teenagers, and the use of alcohol is one of the leading contributing causes. In roughly a quarter of all car accidents impacting those between the ages of 15 and 20, the driver had been drinking in the time period before the accident. One out of every five had a blood alcohol content (BAC) of at least .08 blood-alcohol percent. Georgia DUI law sets the legal limit for under 21-year-old drivers at .02 blood alcohol percent.
Alcohol abuse is a significant problem among young people, who are more inclined to engage in binge drinking than their older counterparts. Due to their age, size, and emotional development, the effects of alcohol on teenagers tend to be more exaggerated. Our firm’s Atlanta, GA drunk driving accident lawyer understands how to build a case in light of these facts. Similarly, our firm is experienced in negotiating with insurance companies in light of the knowledge that a drunk driver caused the accident in question. As you likely know, drunk driving can have the following effects on driving behavior:
- Decreased inhibitions, making reckless driving behaviors, such as running stop signs and racing other vehicles, more likely.
- Lack of concentration, causing them to be more easily distracted by passengers and electronic devices.
- Lack of coordination, which can impair their ability to perform basic tasks associated with driving.
- Poor judgment, making them more likely to go over the speed limit and to not wear seat belts.
Peer pressure is another area in which teens are at greater risk than adults. Teens are less likely to confront a friend who may have had too much to drink. They are also more inclined to just ‘go along with the crowd’, getting into the car with someone who is obviously drunk even though they know it is dangerous.
Georgia Drunk Driving Accident Laws
Our team has helped many victims of DUI drivers whose actions caused them to suffer terrible injuries. Andrew has specialized knowledge of lawsuits involving drunk drivers. Our lawyers have literally been certified in the same DUI field sobriety testing as the Police Officer who arrested the drunk driver who hit you. Our experience and understanding of Georgia’s laws is crucial as you pursue compensation.
Georgia Dram Shop Liability Law
Under Georgia’s dram shop laws, if an establishment served a drunk person alcohol and that person gets in the vehicle and causes an accident, the victim can sue that establishment. The word “dram” is used to refer to a measure of alcohol. The dram shop law can apply to bars, nightclubs, pubs, restaurants, taverns, music venues, liquor stores, grocery stores, convenience stores, or any other business that has a license to sell alcohol.
In order to be successful, a drunk driving accident lawyer in Atlanta, GA would need to prove the following elements:
- The establishment sold alcohol to the at-fault drunk driver and the driver drank that alcohol.
- The alcohol that the establishment sold to the driver caused their inebriation.
- The at-fault driver was legally drunk at the time of the crash.
- The victim sustained injuries as a result of that crash.
- The victim has suffered economic and/or non-economic losses as a result of their injuries.
An establishment can be held liable whether the at-fault driver consumed all the alcohol that caused their intoxication at the establishment or if they came into the establishment already drunk and was still served alcohol. One of the purposes of dram shop laws is to make these business owners and their employees aware of the consequences if they overserve a customer and that customer is driving.
Georgia’s Social Host Liability Law
Georgia also allows victims to sue private citizens in third-party drunk driving claims. If the at-fault drunk driver was at someone’s home and drank alcohol to the point of being intoxicated – either alcohol the host provided or alcohol they brought to the home – and the host allowed the driver to get into their vehicle and drive away drunk, then the victim can sue that host.
Both the Georgia dram shop law and social liability law also can be applied to establishments that serve alcohol to minors.
Fighting For Your Settlement
The Law Offices Of Andrew Lynch focuses on acquiring substantial settlements for our clients who were injured by drunk drivers who were also under the influence at the time of the accident. Generally speaking with rare exceptions, are an expectation in these sorts of cases is to recover the entire insurance policy amount of the drunk driver. DUI drivers are one of the exceptions to the rule that the more serious the injury, the more likely the victim will need a drunk driving lawyer accident lawyer in Atlanta to represent their best interests. All persons hit by a drunk driver should consult with a drunk driving lawyer. Insurance companies will push back against paying out large settlements to you without a lawyer. Georgia law has special protections for those hit by a Drunk driver and increased monetary damages in these lawsuits. Andrew Lynch understands the steps that are necessary to undertake in order to build a case against a drunk driver, find the evidence, and secure fair compensation for your damages. If you were injured in an accident caused by a drunk driver, contact Attorney Andrew Lynch to request a free consultation.
Atlanta Drunk Driving Accident Infographic
