Drunk Driving Accidents

Cumming Drunk Driving Accident Lawyers

Fighting For Drunk Driving Accident Victims in Fulton County

Drunk driving is a preventable cause of car accidents, and it is also a leading cause of death in the United States. According to the National Highway Traffic Safety Administration (NHTSA), On a daily basis, approximately 37 individuals in the United States lose their lives in tragic drunk-driving accidents. This alarming statistic translates to one person every 39 minutes. Shockingly, the year 2021 witnessed a devastating increase of 14% in alcohol-related traffic fatalities, with a total of 13,384 lives claimed. It is crucial to emphasize that all these fatalities were entirely avoidable.

At Bettis Musgrove, our Alpharetta drunk driving accident lawyers are committed to holding negligent drivers accountable for the harm they cause. We know how to effectively navigate the legal process to obtain the compensation you deserve for all of your losses.

If you were injured or if your loved one lost their life in a drunk driving accident, you should not have to shoulder the burden of the resulting financial and emotional stress. Our team is here to help you every step of the way.

Reach out online or call (470) 347-1515 to schedule your free consultation with our experienced drunk driving accident attorney today.

Common Injuries in Drunk Driving Accidents

Drunk driving accidents often result in serious injuries, including:

  • Traumatic Brain Injuries (TBIs)The force of a collision in a drunk driving accident can lead to severe head injuries, impacting cognitive function and daily life.
  • Spinal Cord Injuries: Victims may suffer spinal cord injuries, resulting in paralysis or significant impairment.
  • Broken Bones and FracturesThe impact of a crash can cause fractures and breaks, requiring extensive medical treatment and rehabilitation.
  • Internal Injuries: Organ damage and internal bleeding are common in high-impact collisions, necessitating immediate medical attention.
  • Soft Tissue Injuries: Whiplash, strains, and sprains are common soft tissue injuries, causing pain and discomfort.
  • Emotional Trauma: The emotional toll of a drunk driving accident can be immense, leading to conditions such as post-traumatic stress disorder (PTSD) and anxiety.

These injuries can lead to long-term health issues and significant financial burdens.

Liability in Drunk Driving Accidents

Under Georgia law, multiple parties may be liable for your injuries in a drunk driving accident. This could include:

  • Impaired Driver: The drunk driver is typically the primary party at fault, and criminal charges may be filed against them.
  • Establishments: Georgia has dram shop laws that may hold establishments liable for overserving alcohol to visibly intoxicated individuals who later cause accidents.
  • Third Party: Any third party that may have contributed to the accident may also hold some liability.

Our attorneys will work tirelessly to identify all liable parties and hold them accountable.

Understanding Georgia’s Drunk Driving Laws

Georgia has strict laws regarding driving under the influence (DUI). Here's an overview:

Legal Blood Alcohol Content (BAC) Limits:

  • For most drivers, the legal BAC limit is 0.08%.
  • Commercial drivers have a lower limit of 0.04%.
  • Drivers under the age of 21 face a zero-tolerance policy, where any trace of alcohol can result in DUI charges.

DUI Penalties in Georgia:
If a driver is caught driving under the influence, they may face the following penalties:

  • First offense: Fines up to $1,000, a 12-month license suspension, and mandatory alcohol education classes.
  • Repeat offenses: Higher fines, longer license suspensions, and potential jail time.
  • Aggravated DUI: This includes charges for causing injury or death while under the influence, which can lead to more severe penalties, including prison time.

Impact on Civil Cases:

  • If a drunk driver causes an accident, they can be held financially liable for the victim’s injuries and damages.
  • Penalties and convictions for DUI may help strengthen the victim’s civil case by proving negligence.

The Role of Insurance Companies in Drunk Driving Accidents

Dealing with insurance companies after a drunk driving accident can be challenging. Here's how insurance claims typically work:

Insurance Coverage:

  • The drunk driver’s insurance policy may cover some of the damages, but insurance companies will try to minimize payouts to protect their bottom line.
  • If the driver does not have enough insurance, your own insurance may cover additional damages under your uninsured motorist policy.

Insurance Adjusters' Tactics:

  • Insurance adjusters may downplay the severity of your injuries or try to offer you a low settlement early on.
  • They may also pressure you to provide statements that could hurt your case.

How a Lawyer Can Help:

  • A lawyer can help you navigate the claims process and negotiate with insurance companies to ensure you receive fair compensation for your medical bills, lost wages, and pain and suffering.

Steps to Take After a Drunk Driving Accident

If you’re involved in a drunk driving accident, following these steps can help protect your health and your legal rights:

Call Law Enforcement:

  • Always report the accident to the police. A police report can serve as important evidence in your case.

Seek Medical Attention:

  • Even if you feel fine, it’s important to get checked by a doctor. Some injuries may not be immediately apparent.

Document the Scene:

  • Take photos of the accident scene, vehicle damage, and any visible injuries.
  • Gather contact information for witnesses who may have seen the accident.

Avoid Admitting Fault:

  • Do not apologize or admit fault at the scene. This could be used against you later.

Contact an Attorney:

  • A lawyer can assist you with filing a claim and ensuring all necessary steps are taken to secure compensation.

What Damages Could Be Recovered in a Drunk Driving Accident Claim?

Potential damages may include:

  • Medical expenses: Victims are often left with mounting medical bills after a drunk driving accident, including emergency room visits, surgeries, hospital stays, rehabilitation, and ongoing treatment. Compensation could cover both current and future medical costs that are related to the injury.
  • Lost wages: Injuries from a drunk driving accident can stop victims from returning to work for an extended period. You may be entitled to recover lost wages for the time you missed, as well as compensation for any future loss of earning capability if your injuries impact your capacity to work in the long term.
  • Pain and suffering: Compensation for pain and suffering is designed to address the physical pain and emotional despair that victims endure as a result of their injuries. These damages are more subjective and could vary depending on the severity of the injuries and their long-term impact on the victim’s life.
  • Property damage: You may also recover compensation for any damage to your vehicle or personal property that occurred during the accident.
  • Punitive damages: Georgia law allows for the possibility of punitive damages in cases involving drunk driving. These damages are not meant to directly compensate the victim but to punish the drunk driver for their reckless behavior and prevent similar behavior. Punitive damages can greatly increase the total compensation awarded in a claim.

Frequently Asked Questions (FAQ) about Drunk Driving Accidents in Cumming

  • What should I do immediately after a drunk driving accident?
    First, ensure your safety and the safety of others involved. Call law enforcement to report the accident and seek medical attention right away. Document the scene by taking photos of the damage and injuries, and collect witness information if possible. Lastly, contact an experienced attorney to help you navigate the legal process.
  • How do I know if the driver was drunk in a car accident?
    The police report from the accident will likely note if the driver was suspected of driving under the influence (DUI). Field sobriety tests or breathalyzer tests conducted by law enforcement can provide evidence of intoxication. Additionally, criminal charges filed against the driver may confirm that they were under the influence at the time of the accident.
  • Can I file a lawsuit if the drunk driver only received a minor penalty or fine?
    Yes, criminal charges and penalties against the driver do not affect your right to file a civil lawsuit for damages. Even if the driver faces minor penalties, you may still be entitled to compensation for your medical bills, lost wages, and pain and suffering.
  • Can I recover damages if the drunk driver doesn’t have insurance?
    Yes, if the drunk driver doesn’t have insurance or doesn’t have enough coverage, your own insurance policy may cover additional costs. This is often covered under your uninsured or underinsured motorist insurance. An attorney can help you navigate this process.
  • What if the drunk driver was involved in a hit-and-run accident?
    If the drunk driver fled the scene, it’s crucial to gather as much information as possible about the vehicle and any witnesses. If the driver is identified later, you may pursue a personal injury claim. In the case of a hit-and-run, your uninsured motorist coverage could provide compensation.
  • Can I receive compensation if I wasn’t physically injured in a drunk driving accident?
    Yes, you may still be entitled to compensation for property damage, emotional distress, or psychological trauma. A lawyer can evaluate your case and determine the types of damages you may be eligible to receive.
  • How long do I have to file a claim after a drunk driving accident in Georgia?
    In Georgia, the statute of limitations for personal injury claims is typically two years from the date of the accident. It’s important to file your claim within this time frame to ensure your rights are protected and you don’t lose the ability to pursue compensation.

Why Choose Bettis Musgrove?

At Bettis Musgrove, we believe in fighting for justice for victims of drunk driving accidents. Our dedicated team has the knowledge and experience to handle these complex cases effectively, and we are committed to pursuing the maximum compensation possible for our clients.

If you or a loved one has been injured in a drunk driving accident, don't face it alone.

Contact our Cumming drunk driving accident lawyers at Bettis Musgrove by calling (470) 347-1515 today for a consultation. Let us help you on the road to recovery.

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