Cumming Drunk Driving Accident Lawyer

In a recent year, there were 23,449 DUI arrests and 375 DUI accident-related deaths in Georgia. Have you been injured, or did a loved one die in an accident resulting from a drunk driver’s negligent actions? Spaulding Injury Law could help you and your loved ones get the justice you seek and rightly deserve. Our skilled Cumming personal injury lawyers have ample experience helping injured victims and their families obtain proper compensation for their DUI accident-linked damages.

What are The DUI Laws in Georgia?

Georgia has very harsh DUI laws, and the penalties for driving under the influence of alcohol and/or drugs will only get more severe as the state passes more anti-DUI laws. To successfully file a claim against a drunk driver, you will need to prove that the driver was intoxicated when the accident. In Georgia, it’s illegal to operate or drive a motor vehicle if:

• Your BAC (blood alcohol content) is .08% or higher
• You’re a commercial driver, and your BAC is .04% or higher
• You’re under 21, and your BAC is .02% or higher
• You’re under the influence of any controlled substance and/or alcohol

It’s also crucial to note that marijuana is still illegal in Georgia, and getting into an accident or getting pulled over with marijuana in your system could likewise lead to a DUI charge. In most cases, a police report will state if the officer suspected that the liable driver was drunk at the time of the DUI car accident. If the driver refused or failed a breath test, this would be stated in the report as well. But keep in mind that a police report is not solid proof of the at-fault driver’s alleged drunkenness.

This is why following the drunk driver’s case is important. If the driver accepts a guilty plea in court, this will be considered a legal admission and solid evidence of drunk driving. Certified copies of the at-fault driver’s court file, ticket, and the plea must be obtained once they are available. You can use these as proof of the driver’s drunken state during the accident.

Alcohol and Driver Impairment

The National Highway Traffic Safety Administration (NHTSA) reports on the dangerous effects that alcohol has on motorists.

Inferior Judgment

Our brains store all our experiences and overall knowledge, and in the process, we improve our judgment, which allows us to make well-considered decisions in the face of novel experiences. Alcohol, however, interferes with this judgment process, which makes drunk driving exceptionally dangerous.

Increased Reaction Times

Alcohol gets in the way of our ability to process information in real time and respond safely to that information. When you’re behind the wheel, you’re required to make a wide range of critical decisions and to engage in a wide range of critical driving tasks, and failure to do so in a timely manner can prove deadly. Alcohol can increase a driver’s reaction time significantly.

Impaired Vision

When you get behind the wheel of your car, your vision is paramount. This is why we are required to take an eye test in order to obtain a driver’s license and why some of us are not allowed to drive without our glasses. Clear vision allows motorists to accurately gauge how far away other vehicles and objects are and to react accordingly. Alcohol interferes with this ability in all the following ways:

• By blurring vision, impeding the ability to focus, and causing double vision
• By reducing the ability to accurately judge distance, the speed of other vehicles, and their relationship to one’s own vehicle
• By reducing the ability to stay in one’s lane

The Ability to Distinguish Color

The ability to distinguish different colors is an important aspect of driving safely. The road signs, lights, markings, and signals that guide safe driving are color-coded, and when a motorist’s ability to distinguish color is impaired, it greatly increases the risk that dangerous accidents will ensue. Alcohol interferes with our capacity to distinguish colors from one another.

Increased Impulsivity

Not only are more impulsive individuals more likely to get behind the wheel while under the influence of alcohol but also that the alcohol itself increases their impulsivity. Driving safely requires paying careful attention to the road and engaging in safe driving practices in response to whatever comes one’s way, and increased impulsivity is not part of this safety equation.

Holidays and Drunk Driving

Drunk driving becomes an even bigger problem when holidays roll around. Consider the following statistics:

• Memorial Day is the deadliest holiday with an average of 448 fatal crashes a year.
• Labor Day comes in a close second with an average of 445 fatal crashes a year.
• The Fourth of July isn’t far behind with an average of 440 fatal crashes a year.
• Father’s Day and Mother’s Day come in fourth and seventh with an average of 431 and 402 fatal crashes a year (respectively).
• Christmas and New Year’s Eve are lower on the holiday list, but traffic fatalities remain elevated for both.

While drunk driving accidents increase during holidays, they can happen at any time – day or night – across Georgia and in the Cumming area.

Who Can Injured Victims Sue for Their DUI Accident Injuries and Losses?

In Georgia, it’s possible to file a claim against multiple parties that might have caused or contributed to the drunk driving accident. Aside from the drunk driver, injured victims of DUI accidents can likewise file a claim against the driver’s insurer and/or the parent of a minor driver. In some cases, victims can also file a claim against a homeowner (social host) or a business owner.

Bars, convenience stores, restaurants, and other businesses that sell or serve alcohol to minors or obviously intoxicated people who then injure other people, in certain circumstances, could be held liable for DUI accidents under the state’s dram shop laws. These parties could be held accountable for negligently selling, serving, or over-serving alcohol if injured parties could establish the following:

• The party knowingly and intentionally furnished alcoholic drinks to an individual. who was noticeably drunk or an individual under 21 years old.
• The party knew that the intoxicated individual would be driving.
• The party contributed to the accident and resulting injuries because of their negligent actions, such as over-serving the drunk driver.

Filing a claim against all the potentially liable parties is vital to ensuring that you receive fair compensation for your injuries. Each DUI accident case is different and must be investigated thoroughly. Working with a Cumming drunk driving lawyer with the experience required to prove your claim could help make certain that you obtain full compensation.

How Can Injured Victims Recover Compensation for DUI Accidents?

In most DUI accident claims, the alcohol-impaired driver’s insurance provider could be made to compensate victims for the injuries caused by their policyholder. This means that the driver’s insurance coverage (but only up to policy limits) will cover the victim’s compensation. If a social host or business was also liable for the accident, it will be liable for the victim’s damages as well.

Under the law, Georgia allows people who have been hurt by drunk drivers or who lost their loved ones in DUI accidents to recover proper monetary compensation for their damages through a personal injury claim and/or wrongful death claim. Compensation should cover the victim’s economic damages, such as medical expenses, lost income, property damage, and lost earning capacity, as well as non-economic damages like emotional distress and pain and suffering, among others.

Apart from paying compensation for the victim’s injury-related losses, the court might also order the liable party to pay punitive damages. These damages serve as punishment for the negligent party and discourage future incidents of drunk driving. Punitive damages are typically sought in cases in which the at-fault party’s actions were especially reckless or wanton. Since drunk driving is considered a reckless and negligent act, proving the driver’s intoxicated state during the accident is key to recovering punitive damages.

DUI accident cases that result in serious injuries and other damages might seem like easy claims, and in some cases, they are. However, even if all the circumstances and facts of the case might be clear to you, the driver’s insurer might not offer you a fair settlement and would make it difficult for you to recover proper compensation. Fortunately, hiring an experienced Cumming drunk driving accident lawyer will significantly raise the stakes for the insurer and level the unfair playing field.

Call Our Top Cumming Drunk Driving Accident Lawyers Today

Among the most challenging and life-altering incidents, anyone could experience is a devastating auto crash. In most instances, auto accidents are simply unavoidable. On the other hand, DUI accidents are unnecessary occurrences that shouldn’t be happening in Georgia roadways but often do.

If you have suffered serious injuries because of a drunk driver’s negligence, you have all the right to seek the compensation you deserve for your losses. Our skilled Cumming drunk driving accident lawyers can also help you with a wrongful death claim if you lost a loved one due to a DUI accident. Contact Spaulding Injury Law and arrange your free consultation online or by phone at 470 695-9950.

Spaulding Injury Law Cumming Personal Injury Lawyers is located at 5860 Bond St, Cumming, GA 30040, United States