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Cumming GA Drunk Driving Accident Lawyers

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Cumming Drunk Driving Accident Attorneys

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 drunk driving accident 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.

 

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 770-874-8891.