Atlanta Drunk Driver Accident Lawyers
Being the victim of a drunk driving accident is a distressing experience, shared by many Georgia residents. Drunk drivers cause over 20 percent of the fatal crashes in Georgia, and drunk driving is the number 1 cause of fatal accidents across the country. Because drunk driving is completely preventable, it’s hard to make sense of the injuries and pain an accident victim suffers, exacerbating the situation.
Even worse, when the drunk driver's insurance company attempts to convince you to take a small settlement, it adds insult to injury. If a drunk driver has upended your life, you may be able to pursue your interests by filing a claim against the drunk driver with the help of our experienced law firm. If you've become an accident victim because of a drunk driver's poor choices, contact us today at (678) 310-2827 to schedule your free consultation.
Key Takeaways About Drunk Driving Cases in and around Atlanta
- Impaired Drivers and Blood Alcohol Content: Drunk driving crashes in Atlanta often involve drunk drivers with elevated blood alcohol content (BAC) levels exceeding the legal limit. High BAC levels significantly increase the risk of accidents, injuries, and fatalities on the road.
- Injured Victims and DUI Accident Claims: In drunk driving car accidents, injured victims may pursue compensation through drunk driving lawsuits to hold the responsible parties, such as the drunk driver and potentially other liable entities like bars or restaurants, accountable for the harm caused.
- DUI Accident Claims: The majority of DUI accident claims in Atlanta stem from preventable instances of negligence, where drivers choose to operate a vehicle while under the influence of alcohol or drugs, leading to devastating consequences for innocent victims on the road.
- Responsible Parties and Liability: Identifying the responsible party or parties in drunk driving cases is crucial for determining liability. Beyond the drunk driver, liable parties for DUI accidents may include establishments that served alcohol to visibly intoxicated individuals, contributing to the DUI accident.
- Legal Implications and Pursuing Compensation: DUI accidents in Atlanta can lead to severe legal consequences for the drunk driver, including criminal charges and civil liability through drunk driving lawsuits filed by injured victims seeking compensation for medical expenses, lost income, pain and suffering, and other damages incurred due to the accident.
Common Injuries From Drunk Driving Accidents in Atlanta
Drunk driving victims and drunk drivers can sustain an assortment of serious injuries, with potential effects lasting for months, years, or the rest of their lives. Common injuries from drunk driving accidents include:
- Spinal Cord and Back Injuries
- Neck Injuries
- Head Injuries
- Crushing Injuries to the Chest and Torso
- Extremity Injuries to the Arms and Legs
- Concussions
- Traumatic Brain Injuries
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Why choose greathouse law?
- Free Consultation – Tell Us What Happened & See If You Have A Case And What It Might Be Worth. We do consultations by phone and virtually.
- Highly Reviewed & Rated – Over 100 Google Reviews. 10.0/10.0 with 5-Star rating on respected legal website Avvo.
- Highly Responsive – We pride ourselves in fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.
- Efficient – Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get you your money faster.
- No Case Is Too Difficult or Complex – This is where tenacity and knowledge of the law matters. We do what is necessary even in difficult cases.
- Straight Shooters – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
- Caring & Compassionate (truly) – We’re sorry for what happened to you or your loved one. Our team is incredibly experienced, and they truly understand the complications that Personal Injury can bring upon a family
- Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
- We Keep You Updated – Transparency is key. We want you to know what’s happening with your case at all points in the process.
- Flexible Meeting Times – To accommodate your busy schedule.
- No Fee Unless You Win – No attorney fees or costs unless we win your case.
- Atlanta & All Georgia – Our office is in Atlanta but we accept cases everywhere in Georgia.
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Steps to Take Immediately After a Drunk Driving Accident in Atlanta
Being involved in a drunk driving accident can be a traumatic and chaotic experience. If you have been hit by a drunk driver, take the following immediate steps.
- Prioritize Safety: Check for injured victims, including yourself. If anyone has suffered injuries, call 911 immediately to request medical assistance. Move to a safe location if possible to avoid further harm from oncoming traffic.
- Contact Law Enforcement: Contact police officers to report the accident, especially if you suspect impaired driving on the part of the other driver. The police will conduct an investigation, document the scene, and create an official police report, which can serve as crucial evidence.
- Do Not Confront the Impaired Driver: Avoid confronting the other driver about their intoxicated driving. Let the authorities handle the situation to prevent escalation or potential danger.
- Document the Scene: Take photos or videos of the accident scene, including vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information from witnesses who can provide statements about the accident.
- Exchange Information: Exchange contact and insurance information with the other driver involved in the accident. Collect their name, address, phone number, license plate number, driver's license information, and details about the drunk driver's insurance company.
- Avoid Making Admissions: Refrain from admitting fault or discussing the details of the accident with the other party or witnesses. Stick to factual statements when speaking to law enforcement and representatives of insurance companies.
- Seek Medical Attention: Even if you don't feel immediate pain or injury, seek medical evaluation after a drunk driving accident. Some injuries, such as whiplash or internal trauma, may not manifest symptoms right away. Document your medical bills and records to support your DUI accident case.
- Consult a DUI Accident Lawyer: Consider seeking legal guidance from a DUI accident attorney with extensive experience in drunk driving cases. A DUI accident lawyer can protect your rights, advise you on your legal options, and help you pursue fair compensation for your injuries and damages.
- Notify Your Insurance Company: Report the accident to your insurance company after meeting with drunk driving accident lawyers, who can guide you on what to say and what not to say. Provide them with accurate details of the incident and cooperate with their investigation process.
Georgia Drunk Driving Laws
As an experienced Atlanta personal injury attorney can attest, Georgia's strict laws seek to combat drunk driving and protect public safety. For drunk driving accident victims, working with an accident lawyer with a profound understanding of these laws in relation to drunk driving accident claims will help you pursue fair and appropriate compensation.
Blood Alcohol Concentration (BAC) Limits
In Georgia, the legal BAC limit for non-commercial drivers over the age of 21 is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.02%. Exceeding these limits constitutes driving under the influence (DUI).
Implied Consent Law
Georgia operates under an implied consent law, which means that by driving on Georgia roads, individuals implicitly consent to chemical testing (breath, blood, or urine) to determine their BAC if suspected of DUI. Refusal to submit to testing can lead to license suspension.In Georgia, the legal BAC limit for non-commercial drivers over the age of 21 is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.02%. Exceeding these limits constitutes driving under the influence (DUI).
Penalties for DUI
Penalties for DUI in Georgia vary based on factors such as prior DUI convictions, BAC level, and mitigating circumstances. Consequences may include fines, license suspension, mandatory alcohol education programs, community service, probation, and jail time.
Ignition Interlock Devices (IIDs)
Georgia mandates the use of Ignition Interlock Devices for certain DUI offenders. These devices require the driver to pass a breath test before starting the vehicle. IIDs are often required for repeat offenders or those with high BAC levels.
Underage Drinking
Georgia has a zero-tolerance policy for underage drinking and driving. Drivers under 21 can face penalties for any detectable amount of alcohol in their system while operating a vehicle.
Aggravated DUI
Aggravated DUI charges apply in cases involving certain aggravating factors, such as multiple DUI offenses, accidents causing serious injuries or fatalities, and extremely high BAC levels. Aggravated DUI carries more severe penalties.
DUI Task Forces
Georgia employs DUI task forces to proactively identify and apprehend impaired drivers. These task forces conduct sobriety checkpoints, patrols, and educational campaigns to deter drunk driving and promote road safety.
Distinction Between Personal Injury Claims and Criminal Charges in a Georgia Drunk Driving Case
If you have been involved in an accident in Georgia because of the negligence of a drunk driver, understanding the difference between personal injury claims and criminal charges is important, because they serve distinct purposes and involve separate legal processes. A drunk driver can incur legal consequences in addition to legal action in the form of a personal injury suit.
Personal Injury Cases
Definition: A personal injury lawsuit is a civil lawsuit filed by individuals who have been injured or suffered damages due to the negligent actions of another party, such as a drunk driver.
Purpose: The primary goal in personal injury cases is to seek personal injury compensation for the victim's losses, including medical bills, lost wages, pain and suffering, and other damages due to the accident.
Burden of Proof: In a personal injury claim, the burden of proof is based on a preponderance of evidence, meaning that the plaintiff must demonstrate that it is more likely than not that the defendant's negligence led to the injuries.
Resolution: A Personal injury claim is typically resolved through negotiation, mediation, or trial in civil court. Compensation awarded in these cases aims to help victims recover and move forward after the accident.
Criminal Charges
Definition: In a drunk driving case, the state brings a criminal charge against the intoxicated driver for violating DUI laws and endangering public safety.
Purpose: The primary objective of a criminal charge is to hold the offender accountable for their actions, deter future misconduct, and uphold the principles of public safety and justice.
Burden of Proof: In a criminal case, the prosecution must prove the defendant's guilt in criminal court beyond a reasonable doubt, which is a higher standard of proof compared to civil cases.
Resolution: A criminal charge for DUI can lead to various penalties, including fines, license suspension, probation, mandatory alcohol education programs, community service, and potential incarceration. The focus is on punishment and rehabilitation rather than financial compensation.
Relationship Between the Two
A personal injury claim and a criminal charge in a drunk driving case can run parallel to each other. The outcome of the criminal case, such as a DUI conviction, can provide valuable evidence for a personal injury claim because it establishes the driver's liability and negligence.
Compensation Available for Georgia DUI Victims
DUI victims in Georgia may pursue various forms of compensation to help them recover fromtheir injuries, cover expenses, and address the emotional and financial impact of the accident.
- Medical Bills: Compensation for medical costs related to injuries sustained in the DUI accident, including emergency room treatment, hospitalization, surgeries, medication, rehabilitation, and future medical care needs.
- Lost Wages: Reimbursement for income lost due to missed work days, temporary or permanent disability due to the accident, and diminished earning capacity caused by injuries sustained in the DUI accident.
- Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and reduced quality of life experienced due to the DUI accident. This non-economic damage addresses the intangible effects of the DUI accident.
- Property Damage: Coverage for repair or replacement costs for vehicles, personal belongings, or property damaged in the DUI accident. This compensation helps victims recover losses related to the physical damage caused by the crash.
- Wrongful Death Damages: In cases where a DUI accident leads to a fatality, surviving family members may seek compensation for funeral and burial expenses, loss of financial support, loss of companionship, and other damages through a wrongful death claim.
- Punitive Damages: In certain cases involving egregious conduct or willful disregard for public safety, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future. These damages go beyond compensatory purposes.
- Legal Fees: Reimbursement for attorney fees and legal expenses incurred in pursuing a personal injury action against the at-fault drunk driver. The compensation may cover the costs associated with legal representation from DUI accident attorneys.
- Future Damages: Anticipated future expenses and losses due to the DUI accident, such as ongoing medical treatments, long-term care needs, modifications to accommodate disabilities, and other foreseeable costs incurred due to the DUI accident.
Pursuing a Wrongful Death Lawsuit Following a Drunk Driving Accident in or around Atlanta
When a victim's injuries due to a drunk driving accident are fatal, surviving family members may pursue justice and compensation through a wrongful death suit. Here are the legal options available in a wrongful death case following a drunk driving crash.
- Filing a Wrongful Death Claim: Family members of the deceased victim have the legal right to file a wrongful death claim against the negligent party responsible for the drunk driving accident. This civil lawsuit seeks to hold the at-fault driver accountable for their actions leading to the fatal crash.
- Establishing Liability: In a wrongful death suit, establishing the liability of the drunk driver by demonstrating their negligence, intoxication at the time of the accident, and breach of duty of care is critical. Evidence such as police reports, witness statements, and toxicology reports can support this claim.
- Seeking Damages: Potential compensation in a wrongful death suit may cover various damages, including funeral and burial expenses, medical bills related to the victim's final injury treatment, lost financial support, loss of companionship, and other economic and non-economic losses suffered by the surviving family members.
- Punitive Damages: Punitive damages may be awarded in wrongful death cases involving drunk driving accidents to punish the at-fault driver for their reckless behavior, deter future instances of drunk driving, and provide additional compensation to the surviving family members.
- Statute of Limitations: Georgia's statute of limitations for wrongful death claims typically allows two years from the date of the victim's death to file a lawsuit. Failing to meet this deadline may lead to the loss of the right to seek legal recourse.
- Consulting a DUI Accident Attorney: Seeking guidance from a skilled DUI accident lawyer experienced in handling cases involving drunk drivers is essential. A DUI accident lawyer can provide legal advice, assess the circumstances of the case, represent the family's interests, and pursue a fair settlement or verdict on their behalf.
- Negotiation or Litigation: Wrongful death suits due to drunk driving accidents may be resolved through negotiation with the at-fault party's insurance company or litigation in court. A DUI lawyer can advocate for the family throughout the legal process, aiming to secure the compensation they need.
By exploring these legal options and working with committed DUI lawyers, families impacted by a wrongful death due to a drunk driving accident in Atlanta can seek accountability, closure, and financial support to cope with the lasting consequences of their loss.
“As a former felony prosecutor, I believe that there is no fight that is too small or too big to fight when seeking justice for my clients.”
- Riah Greathouse
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Do I Need an Attorney to Prove Negligence and Pursue a Fair Settlement in My DUI Accident Case?
If you have been involved in a DUI accident with an impaired driver, pursuing a fair settlement can be complex. Here's why you should seek an experienced legal team to represent you against the drunk driver and their insurance company.
- Prove Negligence: In a DUI accident case, you must prove negligence on the part of the impaired driver to establish liability. An experienced DUI attorney can help gather evidence, such as the police report, witness statements, and toxicology reports, to support your claim of negligence.
- Civil Suit Experience: Bringing a civil suit against the impaired driver requires knowledge of the legal process, court procedures, and relevant laws. A seasoned attorney with experience in handling DUI accident cases can navigate the complexities of a lawsuit to advocate for your rights effectively.
- Insurance Claim Negotiation: Dealing with insurance companies and presenting an insurance claim after a DUI accident can be challenging because many insurance companies try to minimize payouts or shift blame. An attorney adept at negotiating with insurance companies can protect your interests, handle communications with insurers, and work in pursuit of a fair settlement on your behalf.
- Legal Team Support: A dedicated legal team can provide invaluable support throughout your DUI accident case, offering guidance, conducting thorough investigations, preparing legal documents, representing you in negotiations or court proceedings, and advocating for fair compensation for your injuries and damages.
Have You Been Hit by a Drunk Driver in Greater Atlanta? Schedule a Free Consultation with Greathouse Trial Law
At Greathouse Trial Law, Greater with Greathouse is not just a catchphrase ~ it's our law firm’s mission. Our law firm focuses on personal injury cases including car accidents, motorcycle accidents, truck accidents, bicycle accidents, premises liability, slip and fall accidents, drunk driver accidents, wrongful death, and medical malpractice in and around Atlanta and throughout Georgia.
Our founder, Riah Greathouse, served his community for several years as an Assistant District Attorney in Fulton County, where he prosecuted cases ranging from drugs to violent felonies throughout the county. His service as a prosecutor yielded a tremendous amount of courtroom experience, allowing him to attack personal injury cases with tenacity, often proving to be beneficial in securing a favorable resolution.
Riah's experience as an insurance defense lawyer on behalf of insurance companies gives him a unique advantage when representing injured clients. In this role, Riah noticed the insurance companies treated victims with legitimate injuries unfairly, making it as difficult as possible for them to seek compensation. That's when he vowed to make a difference.
When you work with Greathouse Trial Law, you will experience:
Greater Health
We will connect you with the best doctors available after your injury, to get you through your recovery.
Greater Communication
You will have open lines of communication with our office, as well as the providers charged to help you.
Greater Representation
You will have a fighter on your side against the insurance companies and their attorneys.
Contact us at (678) 310-2827 or complete our online form to schedule your free consultation.
Discover why it’s Greater with Greathouse for drunk driving accident claims.
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