Over the last few decades, the State of Georgia has made strong headway to prevent drunk driving.
Despite these efforts, there are still drivers who drive while intoxicated.
These drivers create a serious threat of deadly accidents.
According to Mothers Against Drunk Driving (MADD) there is an average of 368 drunk driving deaths every year in Georgia. Many more people have injuries from DUI accidents. Each accident leads to devastating losses for victims and their families.
If you were injured in an alcohol-related motor vehicle accident, you do have rights.
A drunk driving accident lawyer will fight to get the compensation you deserve.
Drunk Driving Injuries FAQs
What does it mean to be “drunk” under Georgia law?
A motorist can be arrested for drunk driving under two different circumstances:
- The person has a blood alcohol content (BAC) of .08 percent or more as measured by a chemical test. The BAC levels are lower for drivers under 21 years old and commercial drivers (.02% and .04%).
- He or she is under the influence of alcohol, which doesn’t take BAC into account. This standard refers to a driver who is impaired by alcohol and is not safe to operate a motor vehicle
How is a criminal DUI case different from DUI injury claims?
Drunk driving is against the law.
An offender could face jail time and fines for a conviction. Georgia also suspends licenses of motorists who violate drunk driving laws.
The criminal case and administrative matter does not has any effect on you as the victim of a DUI accident.
These penalties won’t make up for the physical and emotional losses you suffer. Your rights arise through personal injury laws, which are not criminal in nature.
What are my rights as a victim injured in a drunk driving crash?
In personal injury cases, you can get financial compensation for your losses. Your drunk driving accident attorney can help with proving that:
- The other driver had a duty to operate the vehicle safely and not cause risk of harm to others;
- He or she broke this legal duty by driving drunk;
- The breach of duty led to the DUI collision in which you were injured; and,
- You suffered losses due to your injuries.
How do I file a claim for compensation?
Georgia motorists must have car insurance to cover the losses of accident victims. The first step to getting financial compensation is filing a claim with the responsible driver’s insurance carrier.
You may get some pushback working with the insurance company. Even if the other driver got a DUI, the claims adjuster may try to blame you for the crash or lessen your injuries.
A drunk driving accident lawyer will address the tricks that claims adjusters use. Your attorney will not accept anything that doesn’t fully compensate you for your losses.
Can I file a lawsuit in court to recover monetary damages?
File a lawsuit if the drunk driver’s insurance company is unwilling to settle your claim for a fair amount. If you do this, you need legal help from a DUI accident lawyer. Unless you know the statutes, case law, and court procedural rules that apply to your case, you put your rights at risk. These skills only come through years of practice in personal injury cases.
How long do I have to sue for compensation after a drunk driving crash?
Georgia has a statute of limitations that allows you two years to file a lawsuit from the date of the accident. If you don’t start your case by the two-year mark, you will not get compensation for your losses.
What kinds of compensation are available in a DUI accident?
Every case is different. Your monetary damages depend on the nature of your injuries, how your injuries affect your life, and many other factors. Compensation falls into two different categories:
- Economic Damages: These are your out-of-pocket and measurable losses. This includes medical treatment costs and any lost wages from missing work.
- Non-Economic Damages: This category covers your subjective losses. This includes pain and suffering, emotional distress, scarring and disfigurement, diminished quality of life, and loss that affects your personal relationships with your spouse, children, and other loved ones.
Contact a Georgia DUI Accident Lawyer to Learn More About Your Rights
It is important to get legal information from a skilled DUI accident attorney.
Our team at Georgia Auto Law can provide more details after looking at your circumstances.
We serve clients throughout the state of Georgia.
Contact us today to set up a complimentary case evaluation.