Being involved in any type of accident can be a scary experience. But knowing that the accident could have been prevented had the at-fault driver simply followed the law by not drinking can be infuriating. If a drunk driver injured you in a crash, you could be entitled to compensation. You should not have to bear the financial burden of a drunk driver’s careless and irresponsible actions. The drunk driver accident attorneys with Kevin A. Adamson, P.C. want to help you pursue this compensation.
We have some of the Best Drunk Driving Accident Lawyers in Norcross
We have long advocated for injured victims of drunk driving accidents in Norcross and throughout the state, helping them get the financial security and peace of mind they need after a traumatic accident. Our drunk driver accident attorneys have the resources and skills to build a robust case against a drunk driver who injured you. Contact us today for a free initial consultation to discuss your legal options with a Norcross drunk driving accident lawyer.
Drunk Driving Statistics
According to the National Highway Traffic Safety Administration (NHTSA), about 32 people are killed in drunk driving crashes in the United States every day, or one person every 45 minutes. Drunk driving led to 11,654 preventable deaths nationwide in one recent year. Sadly, drunk-driving fatalities continue to rise each year.
The Georgia Governor’s Office of Highway Safety reports that 353 people were killed in drunk driving accidents in Georgia in one recent year. Those fatalities represented almost a quarter of all traffic fatalities statewide that year.
Is Drunk Driving the Same as Driving Under the Influence of Drugs?
In Georgia, a person can be charged with driving under the influence (DUI) for operating a motor vehicle while impaired by drugs or alcohol.
A driver with a blood alcohol concentration (BAC) of .08 percent or higher can be charged with DUI per se, which means the law presumes they are intoxicated because their BAC is over the legal limit. However, a person whose BAC is less than 0.08 percent can still be charged with DUI because of Georgia’s “less safe” law. This law allows police to charge a driver with DUI while under the influence of alcohol if their alcohol consumption has made it “less safe” for them to drive, regardless of the person’s BAC.
Similarly, a driver may be charged with DUI less safe if they are impaired by drugs while driving to the extent that it is “less safe” for them to operate a vehicle. Even a person impaired by legal drugs such as prescription or over-the-counter medications can be charged with DUI if the drug renders them unable to safely operate a motor vehicle.
What If the Drunk Driver Left the Scene of the Accident Before the Police Arrived?
In Georgia, drivers must stop at the scene of an accident that results in injury, death, or property damage. If a person is injured in an accident in which a driver fled the scene, the driver can be forced to pay a fine of up to $1,000 and/or be jailed for up to one year. If the accident caused a serious injury, the driver could be punished by one to five years in prison.
If you are hit by a drunk driver who fled the scene of the accident, you may need to turn to your uninsured motorist (UM) coverage for compensation. However, Georgia does not require every driver to purchase UM insurance. If you were involved in a hit-and-run with a drunk driver and you have UM coverage, your attorney could help you file a claim with your provider.
An experienced Norcross personal injury lawyer can work with law enforcement to try to identify and locate the drunk driver. Your lawyer may review traffic camera footage, speak to witnesses, and gather evidence from the scene. Contact our drunk driver accident lawyers today.
How is Fault Proven in a Drunk Driving Accident?
Police will typically perform a sobriety test after a motor vehicle accident if they believe one of the drivers is impaired. If the police arrest the driver, the driver will likely take a breathalyzer or BAC test, revealing the driver’s blood alcohol concentration. They are legally intoxicated if their BAC exceeds the legal limit (.08 percent). Operating a vehicle with a BAC of .08 percent or above can lead to a DUI conviction. Even if the driver’s BAC doesn’t exceed the legal limit, they can still be charged with DUI if having alcohol in their system makes it less safe for them to be behind the wheel.
If you were involved in an accident that a drunk driver caused, you could use the driver’s test results to prove that they were responsible for the accident. Other evidence that may help show the drunk driver was at fault may include the following:
- Receipts for alcohol purchases near the time of the accident
- The accident report
- Video or photos leading up to the accident
- Witness statements about the driver’s drinking or driving patterns before the accident
What Compensation Can Be Recovered in a Norcross Drunk Driving Accident Claim?
Depending on the specifics of your case, you might be entitled to pursue compensation for the following losses:
- Medical expenses
- In-home care
- Lost income if you miss work while recovering
- Lost future income, if you suffer a permanent disability that prevents you from working
- Physical pain and suffering
- Emotional anguish
Is There a Deadline for Filing a Drunk Driving Accident Lawsuit?
In Georgia, the statute of limitations for personal injury cases gives you just two years from the date of an accident to file a lawsuit. If you don’t take legal action within this time frame, the court likely won’t hear your case, and you’ll lose the right to seek compensation in civil court. Also, your attorney will need time to build a robust case and try to settle your claim for fair compensation, so you should contact a lawyer immediately to discuss your case.
What Are the Most Important Steps to Take After a Drunk Driving Accident?
If you have been involved in a drunk driving accident, you should take the following steps in the aftermath of the crash:
- Call 911 – Call the authorities or have someone call 911 on your behalf. Wait for the police to arrive at the scene. If you believe that the other motorist is intoxicated, be sure to alert the dispatcher, as well as law enforcement officers. If anyone is injured, request an ambulance.
- Gather evidence – Take photos of your injuries, vehicle damage, debris on the road, skid marks on the pavement, the weather and lighting conditions, and anything that seems relevant. You should also speak to bystanders who witnessed the accident and get their contact details.
- Get the drunk driver’s information – Ask the drunk driver for their information, but only after the police arrive. It can be challenging to assess how impaired a motorist is, and you don’t want to risk getting false information from them. In the presence of a law enforcement officer, ask the drunk driver for details such as their full name, phone number, address, insurance details, license plate number, driver’s license number, and vehicle identification number. If the drunk driver was operating a commercial motor vehicle, ask for their employer’s name and address.
- Seek medical attention – Your health is your top priority. You should seek immediate medical attention. Some injuries don’t show symptoms right away, and delaying medical treatment could harm any future insurance claim you plan to file against the drunk driver.
Contact Our Norcross Drunk Driving Accident Lawyer Today
The Norcross drunk driving accident lawyers at Kevin A. Adamson, P.C. can work tirelessly to help you seek the justice and compensation you deserve from the intoxicated motorist who injured you. Contact us today for a free case evaluation.