Drunk driving accidents in Lawrenceville can leave the victims with many worries. Not only are you dealing with medical costs and damages related to the accident, but also emotional suffering and questions about whether or not you can recover money for your losses. If you or a loved one was involved in an accident with a drunk driver, it’s time to seek legal help. Speak with a Lawrenceville drunk driving accident lawyer today.
Our attorneys have more than two decades of experience working with victims of car accidents involving a drunk driver. We’re on your side, and we provide the knowledge and compassion you need during an often stressful and confusing time. And we’d like to offer you a FREE consultation to talk with one of our attorneys today. Call us at (404) 341-6555 or complete the form to your right for your FREE consultation.
What counts as drunk driving in Lawrenceville?
In Georgia, it is illegal to be driving under the influence (DUI) with a blood alcohol concentration of:
- .08% or higher, if the driver is 21 years old or older and operating a regular passenger vehicle.
- .04% or higher if the driver is operating a commercial vehicle.
- .02% or higher if the driver is younger than 21 years old.
However, the driver doesn’t actually have to be tested for alcohol to be suspected of driving drunk. If they’re simply acting drunk, that can be enough for you to have a personal injury case.
It’s also important to know that DUI doesn’t just refer to alcohol. DUI can apply to any substance that impairs your driving ability. That includes alcohol as well as marijuana or medications that make you too drowsy to drive, such as cough syrup. Other things that can lead to intoxication include:
- Consuming a mix of prescription drugs and alcohol
- Having an adverse reaction to over-the-counter or prescription drugs
- Taking too many prescription drugs
- Use of illegal drugs
- Medical conditions that cause a reaction or impair driving ability, such as having low blood sugar
These incidents may be enough to demonstrate the driver was intoxicated. Every driver on Lawrenceville roads has a responsibility to operate their car safely to protect other drivers. If they know they’re under the influence of a substance or have a medical condition that makes them unfit to drive, then it can be argued they weren’t fulfilling their obligation to stay safe on the road.
Is the drunk driver always “at fault” in an accident?
Not necessarily. In most cases, a drunk driver is considered to be at fault, but there are rare times when they aren’t. It’s definitely hard to imagine a drunk driving accident where the intoxicated person isn’t at fault in the situation. We all know drunk driving is dangerous, illegal, and the top reason people die on Georgia roads. But legally, there may be some cases where the drunk driver is not considered to be “at fault.”
In legal terms, there’s a difference between breaking a law and being at fault. Anyone who drives drunk is breaking the law. But in rare cases, there can be situations where the drunk driving didn’t actually cause the accident. An example would be if the drunk driver got into the same type of accident that a sober person would have been involved in. In this case, it could be questioned whether the drunk driver was at fault, even though they were breaking the law by driving while intoxicated.
To avoid paying victims money, insurance companies can try to claim the drunk driver wasn’t completely at fault. Sometimes the drunk driver themselves can do this, but it’s usually their insurer. If that happens, here’s what you should know:
- You may not be at fault in any way. Insurance companies are sneaky, and they can make an accident seem like your fault when it in fact might not be at all. Don’t take their word for it, and speak with a drunk driving accident lawyer as soon as possible.
- Even if they claim you’re at fault, you may be able to share fault. It’s almost guaranteed the drunk driver didn’t react to the accident in the safest way. At the least, they may have contributed fault, in which case you could at least recover part of your expenses from the accident.
- Speaking with a lawyer is your best bet. An attorney experienced in DUI accidents can help you prove fault so you can recover the full amount of money you deserve for the accident.
Can I still recover money if I was in the car with the drunk driver?
If you were a passenger in the car with the drunk driver during the accident, you cannot be charged with DUI just because you were in the car—even if you were aware the driver was unfit to drive. If you weren’t driving, you can’t be convicted for it. But there are certain rare circumstances where a passenger could be charged with DUI or a related charge:
- If police aren’t sure who was driving, they could charge you even though you were a passenger.
- If police believe you helped with the driving or steering of the car during movement.
- If you broke another law (like underage drinking) that officers discovered while attending to the DUI case.
If the driver or the insurance company drives to falsely claim you were at fault in the accident or had a role in driving the car, you should speak with a drunk driving accident lawyer.
Talk to an Lawrenceville Drunk Driving Accident Lawyer for Free
Don’t delay getting the help you deserving in taking action in a drunk driving accident and recovering money you deserve. Our car accident attorneys can help you and your family navigate the legal process during this painful time, and we’re always on your side. We’d like to offer you a free consultation to discuss your situation. Give us a call today for a FREE consultation at (404) 341-6555 or fill out the form to the right.