Drunk driving is illegal in Georgia and in every other state in the United States. Despite the possible legal consequences, many drivers choose to operate a motor vehicle after they have had too much to drink. Driving under the influence arrest is not all the risk when you choose to drive drunk—you endanger the lives and safety of every person on the road.
Drunk drivers cause thousands of motor vehicle crashes every year in the United States. If you're involved in an auto accident caused by a drunk driver, you can suffer catastrophic injuries and financial losses.
Drunk driving crashes can be particularly life-changing for injured victims. It's crucial to realize you aren't alone in wanting justice and financial compensation for your bodily injuries and losses. At Marks Law Group, our Atlanta motor vehicle accident attorneys represent injured drunk driving car accident victims and are committed to helping car accident victims recover maximum compensation. To learn more about how our Atlanta personal injury attorneys can help, please call our personal injury law firm today at (678) 251-9309 or contact us online for a no-cost initial consultation.
What Should You Do After A Motor Vehicle Accident With A Drunk Driver In Atlanta?
After any motor vehicle collision, it’s crucial to call law enforcement officers and file formal police reports. But this is particularly crucial if you suspect the negligent driver was drunk or otherwise intoxicated. Tell the police officer that you suspect the at-fault driver was drinking or intoxicated. Police officers have the knowledge to identify those incidents. If it turns out to be a drunk driving situation, you have a right to recover fair compensation from the responsible driver.
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Next, record as much information as you can about the auto accident if possible. Try and see if the drunk driver is trying to get rid of beer bottles or cans. If the negligent driver starts to use eye drops, they might be trying to cover up bloodshot eyes from alcohol or marijuana use.
Our Atlanta drunk driving car accident lawyers will investigate your case to see if the driver responsible for your accident has previous criminal convictions. The CDC reports drivers arrested for drunk driving are six times more likely to have a previous drunk driving conviction than drivers with no alcohol in their system.
Compensation for Injury Victims Involved in Drunk driving-related Automobile Accidents
An automobile accident settlement or award may not erase your physical/emotional trauma, but it can go a long way toward covering your financial damages. The civil legal system in Georgia allows motor vehicle accident victims in drunk driving-related car crashes to recover financial compensation for various financial damages, classified into two groups: special and general damages. Special damages are economic damages, which the drunk driver actually caused. These include:
- Past and future medical expenses. The costs of hospital stay, scans, ambulance transport, x-rays, medications, surgeries, therapies, and treatments related to the auto accident. If you need lifelong medical care, including a live-in nurse, the criminal courts will award an amount to cover those financial costs.
- Lost wages. If you had to stay home from work because of your physical injuries, like in the case of a traumatic brain injury or spinal cord injury, the judge will compensate you for that lost income. This includes compensation for promotions or raises you likely would have received were it not for your bodily injuries.
- Property damage. Also, economic damages might include financial losses to your property, such as vehicle damage or home repossessions. The judge will order a financial settlement to repair or replace your damaged property, according to quotes and price estimates from financial experts.
General damages cover non-economic damages or intangible damages. The injured party doesn't need proof of a specific amount of harm to receive these non-economic damages. Instead, the injured person will prove their mental and emotional damages through medical reports and testimony from medical professionals and expert witnesses. Non-economic damages may include:
- Physical pain & suffering
- loss of enjoyment of life
- Loss of consortium
- Emotional damage
- Post-traumatic stress disorder
- Mental anguish
- Diminished capacity to earn
- Lost quality of life
- Missed opportunities in the workplace
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Currently, Georgia has no limit on the amount of economic damages or non-economic damages drunk driving accident victims may receive. The judge will take the amount of economic damages the injured person suffered in a motor vehicle collision and multiply it by a number-- between one and five, which quantifies the amount of suffering the car accident victim has gone through to come up with the amount for non-economic damages. For an accurate representation of what damages you're eligible to recover after drunk driver accidents in Atlanta, speak to our skilled Atlanta auto accident attorneys.
GEORGIA Drunk Driving Crashes LAWS
The auto accident claims process differs from state to state and even from city to city. In Georgia, you must contact the Atlanta Police Department if you’re involved in an auto accident that results in more than $500 in property damage, bodily injury, or death to any party. You must stop at the accident scene and exchange information with the other driver in all other types of motor vehicle crashes.
To file a personal injury lawsuit in Atlanta, go to the State Court of Fulton County. The State Court of Fulton County has jurisdiction in all civil cases. There are three locations where you can file your car accident claim. If your accident claim is worth less than $15,000, file it with the Magistrate Court of Fulton County. The rest of the laws concerning drunk driver accidents in Atlanta follow Georgia state laws, including:
- Auto insurance requirements. Every driver in Atlanta must carry auto insurance policies with at least the minimum insurance requirements. These are $25,000 for physical injury to a single party, $25,000 in property damage, and $50,000 for personal injury to multiple people.
- Fault system. Georgia is a “fault” auto accident state, which means that insurance companies will determine fault and liability after a car crash before supplying financial recovery. The negligent party is responsible for bodily injuries and property damage that result from the car crash
- Modified comparative negligence laws. Georgia follows a modified comparative negligence regulation, which means an injured person may still recover financial damages even if they're partially at fault for the accident. If the judge finds the injured party 50% or more at fault, however, they lose eligibility for financial recovery.
- Damage caps. There is no statewide limit on compensatory damages. However, there's a $250,000 limit on punitive damages. These are damages the judge awards to punish liable parties for egregious acts, including intent to harm or gross negligence.
- Deadlines for filing an accident lawsuit. In Georgia, you have two years to file a personal injury claim. Once the statute of limitations expires, the judges will refuse to hear your drunk driving accident cases.
Review Your Accident Claim With an Experienced Atlanta Drunk Driving Accident Lawyer
If you have been in fatal car accidents with a drunk driver in Atlanta, you deserve fair compensation for your physical pain, emotional distress, and financial damages. The skilled accident lawyers at Marks Law Group have decades of experience helping drunk driving accident victims recover fair compensation. Our legal team can represent your interests and relieve you of your legal burden while you focus on your recovery journey. For more information on drunk driving accident claims call (678) 251-9309 today to speak to our experienced car accident attorney.