Alcohol and drugs are contributing factors in nearly one-third of accidents in the United States. That means that they affect millions of lives on a daily basis. Roughly 1.4 million drivers are arrested every year for driving under the influence. Unfortunately, the fact that driving while intoxicated is illegal does not stop some impaired drivers from getting behind the wheel—and Alpharetta is no exception. If you were the victim of a drunk driver, you have legal rights. Get help from an Alpharetta drunk driving accident lawyer.
Our lawyers know the outrage, confusion, and pain that many drunk driving victims experience after a crash. We have sadly seen these types of accidents over and over again. But, you can do something about your losses after this type of accident. We can connect you with some of the top drunk driving accident lawyers in the state. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
Is the drunk driver always at fault for the accident?
Although showing that a driver was drunk at the time of the crash makes your case easier to win, it is not a sure thing. Instead, you still have to prove the essential parts of any car accident case. These include:
- The driver had a duty to you as another driver, pedestrian, or bicyclist on the road or in the nearby area
- The driver violated that obligation to you in some way
- The breach of duty caused an accident
- The accident resulted in your injuries
Every driver has a responsibility to others on the street or nearby area to drive safely and reasonably for the conditions of the road. When a driver gets behind the wheel impaired, they have violated that duty. That means that by showing that the driver was drunk or otherwise impaired, you have already met the first and second requirements.
Then, you must show that the driver’s impaired state actually caused the accident. This is also relatively easy to do because being drunk affects some of your most vital traits associated with being able to drive, such as hand-eye coordination and the ability to have good judgment. You can often argue that a reasonable, sober driver wouldn’t have done what this particular driver did—and that specific action lead to your car accident.
Lastly, you must also prove that the accident caused your injuries. This requirement is focused on you, which means that whether the driver was drunk will have almost no effect on what type of evidence you must prove to show that your injuries were the direct result of the accident.
Can other parties be involved in my drunk driving accident case?
Although you usually think of just the driver being in the wrong in a drunk driving case, other parties can also be involved too. These other people or businesses might include:
- Bars and restaurants. Establishments that serve alcohol have an obligation not to over-serve their guests. If a bartender, waiter, or another person kept serving an individual even when they knew they were visibly drunk and stumbling, the business might also be partially liable for your injuries. This type of legal responsibility is based on Georgia’s Dram Shop Act.
- Individuals who provided alcohol to a minor. If the other driver involved in your accident was under the age of 21 and was not permitted to drink legally, that presents unique issues. The person who provided them with the alcohol, whether it was a friend, family member, or business could also be partially at fault for your damages.
- Social hosts. Liability can be extended to those who serve others in their homes or other locations as well. You don’t have to be a business to end up being legally responsible for someone else’s injuries or damage because of a drunk driving accident. Any time someone is over-served, no matter where it happened, liability may reach someone else who wasn’t even present at the time of the crash. The same law that holds businesses or vendors responsible will also hold individual hosts accountable too.
To know whether another party may be involved in your case, you will need to find out where the other driver was just before the accident. You may need to talk to witnesses who saw the driver and anyone who may have served them. A drunk driving accident attorney can help with this investigation before you even file your lawsuit.
Are there any special types of damages available for victims of drunk driving accidents?
Most of the same damages available in the average car accident are also available in a car accident case that involves a drunk driver. These damages address your losses, including:
- Pain and suffering
- Medical expenses
- Lost wages
- Lost earning capacity
- Loss of enjoyment of life
Other types of damages may be available to you based on the unique facts of your case as well.
In some drunk driving cases, you may be able to get punitive damages. These damages are not focused on compensating you for your losses. Instead, they are meant to punish the driver who caused your injuries. They are designed to be a deterrent. This deterrent not only applies to the driver involved in that case, but it acts as a warning to other drivers in the area to really think before they get behind the wheel impaired. Depending on the facts of your case, punitive damages might be available to you in addition to your other damages. Your attorney will be able to look at the circumstances surrounding your circumstances and decide whether asking for this unique type of damage is a good idea for your situation.
Talk to an Alpharetta Drunk Driving Accident Lawyer for Free
If you or a loved one has been affected by a drunk driver, you need someone there for you to help with your legal case. Our lawyers understand how to deal with these emotional and challenging legal situations. Let us connect you with a compassionate attorney who will put their experience and skill to work for you. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.