Drunk driving kills thousands of people every year. It is illegal in Cumming and in every state in the United States. But, that doesn’t stop some people from getting behind the wheel when they’re drunk. When someone makes the decision to drive while impaired, they run the risk of being convicted in criminal court. They may also face civil liability if they injure or kill someone. If a drunk driver has impacted your life or the life of a loved one, you need legal help. A Cumming drunk driving accident lawyer can walk you through your potential legal options.
Our lawyers know what you are experiencing after this type of accident because we have helped thousands of victims just like you in our over twenty years of experience serving car accident victims in Cumming and the surrounding area. Our goal is to ensure that you get the money you deserve to compensate you for the losses you have experienced after this type of accident—and our attorneys don’t make a dime off of the representation unless you get money. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
How does the fact that the driver was drunk affect my personal injury case?
Every driver has a legal duty to act reasonably behind the wheel. When a driver violates that duty and causes an accident, liability will usually apply because the driver was “negligent.” Being negligent means that you were acting carelessly or recklessly. Being negligent implies that the driver did not behave in a way that a reasonable driver would in the same situation.
It is never reasonable to get in the car and drive drunk. Doing so is illegal—and legal responsibly for an accident often happens when a driver engages in an unlawful activity that causes a crash. Drunk driving is especially troublesome because it can so easily be prevented.
Showing that a driver was drunk at the time of the crash is part of one of several legal requirements that you must prove to get damages for your losses from the accident. These requirements include:
- The driver had a legal duty to others on the road
- The driver violated that legal obligation
- The violation caused an accident
- You suffered damages or losses because of the crash
In most drunk driving accident cases, the first two requirements can be met pretty easily if you can show that the driver was impaired. Overall, this makes your case easier to win in most circumstances. But, a drunk driver is not automatically at fault for the accident just because they are drunk. You still need to show that the driver caused the crash. This is often done by proving that the accident wouldn’t have occurred if the driver was sober.
You should also keep in mind that although most impaired driving accidents involve alcohol, that’s not always the case. Any type of impaired driving, especially if it’s against the law, can help you prove your civil case.
What happens if my loved one was killed by a drunk driver?
If you have lost a loved one because of a drunk driver, you may be able to bring a wrongful death lawsuit. This type of claim is available if your loved one would have been able to make this claim themselves if they had survived the crash.
The requirements for a wrongful death claim are very similar to a personal injury claim, but there are some additional damages available for family members as well. These include:
- Lost wages that would have gone to support the family
- Loss of the value of services in the household
- Loss of care and companionship
- Funeral and burial expenses
It is impossible to put a price tag on what losing your loved one means to you. But, money damages is really the only way that the law can compensate you for your loss.
In addition to the losses that you experienced, your loved one may have also suffered their own injuries before their passing. You may be able to get money for the damages experienced by your loved one before they passed as well, such as:
- Pain and suffering suffered before death
- Medical expenses for your loved one’s care after the accident
It’s always difficult losing a loved one, but it’s even harder when the death was sudden and through no fault of their own. When a drunk driver gets behind the wheel, they take the life of everyone around them into their hands—and they should have to pay victims for the loss of their loved one or damage when accidents occur.
How long do I have to file a drunk driving accident lawsuit?
A “statute of limitations” applies to nearly every legal claim in Georgia. This statute sets out how long you have to file a lawsuit. If you don’t file within this time period, then you claim is likely to be dismissed. Most personal injury cases, including those that involve drunk drivers, must be filed within two years of the date of the accident.
If a loved one is killed because of a drunk driver, you have two years from the date of their death. This time limit may not be the same as a personal injury case because it is possible that your loved one passed away at a later date, after the accident.
The time limit for a drunk driving case may also be “tolled” or paused while the driver goes through a criminal proceeding. Your drunk driving accident lawyer will be able to help you determine when your lawsuit must be filed according to Georgia law.
Talk to a Drunk Driving Accident Lawyer in Cumming for Free
Have you been involved in an accident with a drunk driver? Are you unsure if you have a case or just need some guidance on what you should be doing? We can help. We will put you in touch 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.
