Millions of drunk driving accidents occur every year in the United States—and Brookhaven sees too many of these accidents. And, as victims know, drunk drivers not only endanger their own lives but everyone else around them as well. There is no way to undo these accidents, but the law does give you right to recover money for your losses. If you or your family member were hurt by a drunk driver, you need legal help. You need to speak to a Brookhaven drunk driving accident lawyer.
We can help you. Our attorneys know just how devastating being involved in a drunk driving accident can be. We believe you need a champion who cares about you and your family, and will put your legal rights first. Let us give you a FREE consultation with some of the most experienced and skilled attorneys in the state. Give us a call at (404) 341-6555 or fill out the form to the right to get your free consultation today.
When is someone considered “drunk” for a car accident case in Brookhaven?
In most cases, in Georgia someone is considered legally when their blood alcohol concentration (BAC) is over the legal limit of 0.08. If the driver is under the age of 21, then they can be guilty of DUI even if their BAC is as low as 0.02 or more. But, an officer doesn’t have to actually test someone’s breath or blood to suspect that they are driving while intoxicated. If someone is acting drunk, that could be enough for your personal injury case.
Many people assume that a driver must be drunk to trigger a finding that the driver was intoxicated or driving under the influence. But, someone can be considered intoxicated without being drunk. Intoxication might include things like:
- An adverse reaction to a prescription or over-the-counter drugs
- Mixing alcohol and prescription drugs
- Taking too many prescription drugs
- Using illegal drugs
- Having a reaction to a medical condition (such as low blood sugar)
While these things might not trigger criminal charges in some cases, they could be enough to show intoxication in your civil case.
Every driver on the road has an obligation to others to operate their vehicle safely. When a driver is under the influence of a substance that inhibits their ability to drive, or if they know that they have a medical condition that makes them unsafe to drive, then there is a good argument that they are not fulfilling their duty to be safe behind the wheel. This is especially true when a driver knows they are intoxicated or have a medical condition that limits their ability to drive.
Why should I bring a personal injury case against a drunk driver?
The main reason that drunk driving accident victims start personal injury cases is that they had losses caused by their accident, and the other driver is responsible for paying for these losses. Georgia is a fault state, which means that the at-fault driver must pay for expenses caused by the crash. This general rule applies in virtually every car accident case.
Personal injury cases help you get damages that may include:
- Medical expenses
- Lost wages
- Loss of future earnings
- Loss of earning capacity
- Future medical treatment
- Pain and suffering
- Loss of enjoyment of life
In some serious cases, you may also be able to get punitive damages. These damages are available in some cases that are particularly terrible. These cases might involve situations where the driver has a very high BAC level or tried to leave the scene of an accident after causing an injury or death. Punitive damages are designed to punish the wrongdoer instead of just compensate you for your losses. Your Brookhaven lawyer will be able to walk you through your options regarding punitive damages.
Another reason that victims start personal injury cases against drunk drivers is that their lawsuit might help give the driver the push that they need to either stay off the streets entirely or get help to deal with an addiction problem. Criminal penalties and the various programs that drunk drivers have to go through are helpful. But, they may not be enough to force a driver who may have a substance abuse problem into changing their ways. In some cases, when a drunk driver is forced to see their victims and discuss their injuries and damage, it can make a driver to really think about who they have hurt through their careless actions.
How long do I have to file a drunk driving lawsuit in Brookhaven?
Injuries and damages that you experience from a drunk driving accident can be severe. It will take time for you to heal and try to get your life back on track. While you are recovering, it can be easy to just set aside your potential legal claim and forget about it—but you shouldn’t! Your personal injury case has a time limitation.
In Georgia, you must start your personal injury lawsuit no more than two years after the date of the injury. Beginning a case means more than just talking to your lawyer—it means conducting an investigation, negotiating with an insurance company, and then gathering all of the information you need to file a lawsuit. This process takes time, and the sooner you talk to a lawyer, the better.
If you lost a loved one in a drunk driving accident, then you have two years from the date of their passing to start a wrongful death lawsuit. This date is often the same date as the accident, but not always.
Talk to a Brookhaven Drunk Driving Accident Lawyer for Free
Don’t wait to take action against the driver who hit you or your family member. The damages you recover can help you and your family stay afloat in the chaotic, often painful period after your accident. Let us give you a FREE consultation with our experienced attorneys. Call us at (404) 341-6555 or fill out the form to the right to schedule your free consultation today.