DUI Crash Lawyer Atlanta Georgia
Despite the fact that driving under the influence of alcohol is illegal in Georgia and every other state in the country, millions of drivers choose to drive while drunk, anyway. According to national statistics, almost 30 people die every day in this country in car accidents that are alcohol-related. There are many more who suffer serious or catastrophic injuries. If you have been injured in a drunk driving accident, contact an Atlanta Georgia DUI crash lawyer from the law office of The Lynch Law Group.
In most car accidents, the victim and their attorney must prove that the other driver behaved in a reckless or negligent manner that resulted in the crash and the victim’s injuries. In the majority of drunk driving accidents, the at-fault driver faces criminal DUI charges. These charges can be used as a presumption that the driver was negligent. The driver drank, got drunk, got behind the wheel of their car, crashed into the victim’s vehicle and was arrested. This is pretty strong evidence of the driver’s negligence.
The legal doctrine for this is “res ipsa loquitor” which is Latin for “the thing speaks for itself.” Under this doctrine, instead of an Atlanta Georgia DUI crash lawyer having the burden to prove the other driver acted negligently, they can instead put forth circumstantial facts (the driver’s drunk driving arrest) and it then becomes the other driver’s burden to prove they did not act negligently.
Once it has been proven who was at fault for the accident, a drunk driving accident lawyer Atlanta, GA offers will then prove what the victim’s damages were. Damages are the financial compensation that victims are awarded in a personal injury claim or lawsuit. A victim can be awarded damages for:
- Medical treatments, emergency treatments, hospitalizations, surgeries, doctor visits, physical therapy, medications, and medical devices
- Lost wages and benefits
- Lost future income
- Pain and suffering
- Emotional anguish
- Permanent disability
If the victim is killed in the crash, their family can file a wrongful death lawsuit to pursue damages for funeral and burial costs, pain and suffering, emotional anguish, and compensation for other losses the family has suffered.
There may be other parties that a victim or their family can sue for the drunk driving crash. Many states, including Georgia, have dram shop laws. Dram shop laws state that if a drunk person causes death or injury, the place (bars, restaurants, etc.) that provided the drunk driver alcohol may be legally liable for the victim’s losses. This is because it is illegal to serve or sell alcohol to a person who is visibly drunk. An Atlanta Georgia DUI lawyer can determine which business is liable.
Dram shop laws also apply to social hosts that have parties or other types of social event where alcohol is served. If a social host serves alcohol to someone who is driving and that guest leaves and crashes their vehicle, the host is legally liable for victims’ losses.
If you have been injured in a drunk driving accident, call the law office of The Lynch Law Group to meet with a DUI crash lawyer Atlanta Georgia clients recommend.