Johns Creek Drunk Driving Accident

The Georgia Governor’s Office of Highway Safety reports that the 353 traffic fatalities out of the state’s 1,491 total traffic fatalities in a recent year involved a driver with a blood alcohol concentration (BAC) of .08 or higher.

The Centers for Disease Control and Prevention (CDC) states that the 11,654 people were killed in motor vehicle crashes involving alcohol-impaired drivers accounted for 30 percent of all traffic-related deaths in the United States, and 32 people nationwide are killed every day in crashes involving an alcohol-impaired driver, approximately one death every 45 minutes.

There is no getting around the fact that many people around the state of Georgia partake in alcoholic beverages, but when people get behind the wheel after having too many drinks, there is an increased risk of that person causing a motor vehicle accident. You will want to be sure you hire an experienced Johns Creek accident attorney whenever you have a drunk driving accident claim so you can be confident that you will be able to hold the drunk driver accountable.

Georgia Drunk Driving Laws

Under Georgia Code § 40-6-391, a person cannot drive or be in actual physical control of a moving vehicle while:

• They are under the influence of alcohol to the extent that it is less safe for them to drive
• They are under the influence of any drug to the extent that it is less safe for them to drive
• They are under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for them to drive
• They are under the combined influence of any two or more of the substances specified above to the extent that it is less safe for them to drive
• A person’s alcohol concentration is 0.08 grams or more at any time within three hours after driving or being in actual physical control from alcohol consumed before driving or being in actual physical control ended
• There is any amount of marijuana or a controlled substance present in the person’s blood or urine, or both, including metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in the person’s breath or blood

Driving under the influence (DUI) is a criminal offense in Georgia that can result in the following penalties:

• First Offense — Fine of up to $1,000, up to one year in jail, license suspension of up to one year, up to 40 hours of community service, $210 license reinstatement fee
• Second Offense Within Five Years Of First Offense — Fine of up to $1,000, up to one year in jail, license suspension of up to three years, 30 days community service, $210 set license reinstatement fee, mandatory clinical evaluation and completion of a substance abuse treatment program at an offender’s expense
• Third Offense Within Five Years Of Second Offense — Fine of up to $5,000, minimum mandatory 15 days jail time, license revocation up to five years, minimum mandatory 30 days community service, a violator’s name, photo, and address being published in a local newspaper at the violator’s expense, being declared a habitual violator, license plate seized by a court and forwarded to the Department of Motor Vehicle Safety, mandatory clinical evaluation and completion of a substance abuse treatment program at the offender’s expense

Damages for Drunk Driving Accidents

When another person causes a drunk driving accident, the victims can be entitled to seek damages from the negligent party. While many drunk driving cases may be resolved through settlements, there are cases that will go all the way to trial and people could receive many different kinds of compensatory damages.

Compensatory damages typically come in two forms: economic damages and noneconomic damages. Economic damages are actual costs that people are paying, such as:

• Medical bills
• Lost wages
• Property damage

Noneconomic damages are far more subjective and generally do not include financial values. These types of damages may include:

• Pain and suffering
• Emotional distress
• Disfigurement

Another kind of damage that is generally rarer in personal injury cases but becomes more likely in drunk driving accident cases are punitive damages, also known as exemplary damages or vindictive damages. Under Georgia Code § 51-12-5.1, punitive damages can be awarded only in tort actions in which it is proven by clear and convincing evidence that a defendant’s actions demonstrated willful misconduct, fraud, wantonness, malice, oppression, or that entire want of care that raises the presumption of conscious indifference to consequences, and they are awarded not as compensation but strictly to punish, penalize, or deter a defendant.

Punitive damages have a maximum of $250,000.00 in Georgia. Punitive damages are generally more likely when a person has multiple DUI arrests on their criminal record.

Dram Shop Claims in Georgia

Georgia Code § 51-1-40 lets a person hold a seller of alcohol like a bar, restaurant, or liquor store liable when an establishment willfully, knowingly, and unlawfully serves alcohol to a person who is younger than age 21 or knowingly serves alcohol to a person who is in a state of noticeable intoxication and knows that a minor or intoxicated person will soon be driving a motor vehicle. This same law also allows people to hold “social hosts” liable for serving alcohol to minors or noticeably intoxicated people.

Dram shop claims can be difficult to prove since a person will have to demonstrate that a person was noticeably intoxicated, but there are ways in which this can be proven. Cases involving minors are generally easier to prove because a minor simply needs to be served any alcohol, regardless of intoxication.

Causes of Drunk Driving Accidents

Some of the common causes of drunk driving accidents include, but are not limited to:

• Speeding
• Distracted driving
• Tailgating
• Reckless driving
• Road rage
• Inclement weather
• Drag racing
• Unsafe lane changes
• Failure to obey traffic signals and guidelines
• Wrong-way driving
• Weaving in and out of lanes
• Improper turns
• Drowsy driving
• Failure to use a turn signal or employ headlights

Schedule a Free Consultation With Our Johns Creek Drunk Driving Accident Lawyer

Did you suffer serious injuries or was your loved one killed in a drunk driving accident in Georgia? You will want to get in touch with Spaulding Injury Law as soon as possible for help filing an injury claim so you can recover all of the compensation you are entitled to.

Our firm has experience assisting many victims of drunk driving accidents and we know how to fight to make sure people are able to recover all of the money they need and deserve. You can call us or contact us online to receive a free consultation.

Practice Areas We Serve

Brain Injury Lawyer Johns Creek GA
Johns Creek Back And Neck Injury
Johns Creek Car Accident Lawyer
Johns Creek Drunk Driving Accident
Johns Creek MARTA Accident
Johns Creek Motorcycle Accident
Johns Creek Pedestrian Injury Lawyer
Johns Creek Personal Injury
Johns Creek Truck Accidents
Johns Creek Uber & Lyft Accident
Johns Creek Wrongful Death Lawyer