Drunk driving accidents are more common than most of us think—and a single drunk driver can cause untold amounts of damage, affecting a single life or a family forever. Johns Creek sees too many of these accidents, often leading to injuries, medical bills, or even the death of a loved one. Don’t face the aftermath alone. We can help you.
Our Johns Creek drunk driving accident lawyers have over twenty years of experience dealing with victims just like you. We understand what you’re going through and, just as important, what you need to do to get the financial settlement you deserve. Our law group has spent over twenty years getting results for drunk driving victims, and were here to do the same for you. We make a simple promise: we won’t collect a penny unless you get a financial settlement. Let us give you a FREE consultation. Fill out the form to the right or call us at (404) 341-6555 to get your free consultation today.
What’s the difference between drunk driving and DUI?
Drunk driving and DUI are mostly synonymous. “Drunk” driving refers to those who drive while intoxicated by alcohol. DUI, or driving under the influence, means a person was driving while affected by any substance. This can include:
- Prescription medications like Xanax or painkillers
- Over-the-counter drugs if they cause drowsiness or affect reaction time
- Illegal drugs such as marijuana, ecstasy, meth, crack, cocaine and others
That means that a drug doesn’t have to be illegal to lead to a possible DUI arrest. What must be present is evidence that the driver was significantly impaired. If the substance in their system affected their driving, there’s a good chance they are guilty of DUI—and that affects their liability for your injuries.
A good drunk driving attorney will know what questions to ask and what evidence to gather to prove that the other driver was under the influence. If so, then they will likely be found at fault and responsible for all damages you’ve experienced.
What if I was a passenger in a drunk driver’s car?
If you were a passenger, you are entitled to financial compensation for your injuries, because you could not possibly be at fault for the accident. It does not matter what car you were riding in, and you can potentially recover money even if you were riding in the car with a drunk driver—whether you knew they were too intoxicated or not.
While this is the law, however, there can be obstacles to getting you the financial compensation you deserve. Passengers of drunk drivers may be treated differently by both insurance companies and juries. For instance, the insurance company may not offer you as much money if you knew the driver was drunk. In addition, a court may not order punitive damages, which means the total amount you receive may be less. None of this changes the fact that you are a victim and deserve financial compensation. It just makes it all the more important to contact a good lawyer who will fight on your behalf.
My loved one was killed. What are the grounds for filing a wrongful death suit?
Losing a loved one to a drunk driving accident is unimaginably painful—and we’re deeply sorry for your loss. Legally, you do have rights. You may be able to file a wrongful death claim in an effort to get financial compensation for your pain and losses. The idea behind a wrongful death suit is that the deceased’s family is entitled to some of the compensation that the deceased themselves would have been given. In addition, the family members of the deceased are directly impacted, both emotionally and financially, by the death. There are two things that family members must prove in court:
- Death caused by negligence: The surviving family members and their lawyer must prove that their loved one’s death was directly caused by the negligence, recklessness, or intentionality of the other driver. In other words, it must be proven that the deceased person did not cause his or her own death. In most DUI accident cases, it is possible to prove this.
- Measurable damages: Secondly, surviving family members must prove that they have endured measurable damages due to their loved one’s death. The exact damages you can claim will depend on what happened, your relationship to the deceased, and whether they were a breadwinner.
Surviving family members should consult with their lawyer to build the best case possible. In all states, the surviving spouse and children can file a wrongful death claim. In the instance that the deceased person was not survived by a spouse or child, then parents can file a wrongful death claim.
What type of damages can I collect in a drunk driving accident case?
Both the victim themselves, and the family, may be entitled to certain types of damages. If you were hit by a drunk driver yourself, and you were injured, you can likely recover all your medical costs, money for any lost work time or loss of earning potential, and property damages to your vehicle, and punitive damages, among other damages. Often “pain and suffering” or other personal losses will make up the biggest part of your claim.
If your loved one was killed in a DUI accident, the family can also recover damages. These might include:
- Medical bills and burial expenses
- Money to offset the loss of income of losing a loved one who worked
- Pain and suffering
- Punitive damages
Punitive damages are designed to punish the negligent driver for especially negligent and reckless behavior. They are also designed to act as a deterrent for others. In the state of Georgia, the cap is set at $250,000. This can add substantially to the money you receive for your claim.
Talk to a Johns Creek Drunk Driving Accident Lawyer for Free
The effects of a drunk driving accident can touch multiple lives and last for years. The road to emotional, physical and financial recovery can be long and hard. Let our lawyers make the journey a little easier. We have a thorough understanding of drunk driving law—and a history of getting results. Let us give you a FREE consultation. Fill out the form to the right or call (404) 341-6555 for your free consultation today.