Dealing with the aftermath of any car accident in Milton is stressful, and a drunk driving accident can make things even more complicated. Since intoxicated drivers are physical, mentally, and visually impaired, drunk driving accidents often result in more serious injuries and vehicle damage. They are also more likely to be fatal. If you were hurt in a crash caused by a drunk driver, you shouldn’t have to pay for the driver’s decision to get behind the wheel. You need a good Milton drunk driving accident lawyer.
Our drunk driving accident attorneys can discuss your legal options with you. We know the toll any accident can take on a victim and their family—especially when alcohol was involved. For more than 20 years, we’ve been helping injury victims get the financial recovery they deserve after accidents they didn’t cause. For a FREE consultation to talk about your situation, call us today at 404-975-2673 or fill out the Free Case Evaluation form on this page.
What is Considered “Drunk Driving” in Milton?
Most people think of alcohol when they hear “drunk driving.” While it’s true that drunk driving usually refers to being under the influence of alcohol, there are others ways a driver can be impaired in a drunk driving accident.
In DUI accidents, also known as “driving under the influence” accidents, the driver may be under the influence of any substance that impairs their nervous system and impacts their driving ability. That can include:
- Illegal drugs like crack, heroin, or cocaine
- Prescription medications
- Over-the-counter drugs that lead to drowsiness
That’s right—even legal medications can lead to a DUI accident if they impair the driver. Most of the time, the driver will be given a blood or urine test to determine what and how much of a substance was in their system at the time of the accident.
In the case of drunk driving involving alcohol, operating a vehicle on Milton roads with a 0.08% blood alcohol content (BAC) or higher is illegal. For drivers under the age of 21, the limit is 0.02% BAC or higher to be considered “drunk driving.”
How Can I Prove a Drunk Driving Accident in Milton?
Although there are exceptions, the impaired driver is usually at fault in a drunk driving accident. Being under the influence of alcohol or drugs makes it very hard to drive safely and account for other drivers on the roads. Drunk drivers are more likely to speed, be aggressive, and have slow response time to avoid collisions. Since all drivers have a “duty of care” to not harm others on the road, drunk driving is a form of carelessness or negligence under Georgia law.
To have a drunk driving accident claim, there will need to be proof that the other driver was under the influence and that they caused your accident. Often, this type of evidence won’t be hard to compile. Below are some things to know about proving a drunk driving accident.
Always Call Police
After being injured in a drunk driving accident, you should always call police to report it. Tell the dispatcher you were in a car accident and that you suspect the other driver is under the influence. This will create a record of the accident and also alert authorities of the driver’s possible impairment.
Signs of Drunk Driving
There are some telltale signs of drunkenness that you can look for in the other driver, including:
- Drifting out of their lane of traffic
- Constantly changing rates of speed
- Repeatedly driving off the road or past the side or center lines
- Ignoring road signs or signals
- Switching lanes without using turn signals
- Not using headlights at night
- Sometimes, speeding or driving too slow for road conditions
And, after the accident if the driver pulls over, you may be able to notice signs of impairment like red eyes, slurred speech, trouble walking straight, and seeming unfocused or “not there” completely.
If you can do so safely, you might try taking a video on your phone of the driver’s behavior to use as evidence. You should also tell police everything you have observed.
Field Sobriety Tests
If a police officer suspects the other driver has been drinking, they may ask them to complete field sobriety tests to test their coordination and reaction time. Officers might also test the driver’s BAC. If either shows the driver is impaired, this is hard evidence you can likely use in your case.
A Driver Can Still Be Liable Below the Legal Limit
If a driver is determined to have been above the legal limit during your accident, it will certainly help your case. However, even if there was a small amount of drugs or alcohol in the driver’s system, it may help your case in proving they were negligent in your accident. A Milton drunk driving accident lawyer can help you compile the best evidence possible in showing the motorist’s drunk driving led to your accident and injuries.
What Do I Do If the Insurance Company Has Already Offered Me Money?
You should never trust that the other driver’s insurance company has your best interests at heart—even if they seem to. When an insurer sees that the driver on their policy was to blame for an accident, they often look for ways to reduce how much they pay out. One common tactic is offering you money upfront and hoping you’ll take it out of desperation.
Since drunk driving accidents can be very serious, you might be left with many damages, such as medical bills and vehicle repair costs. You probably also have lost wages from having to miss work, and you might need ongoing medical treatment that lasts for weeks, months, or even years. The insurance company knows all this and will assume you’re stressing about how to pay these bills. But it’s very important to not take their bate. The first offer is almost never enough to cover all your costs—and accepting it will leave you without options later.
It’s best to contact a drunk driving accident lawyer before talking to the drunk driver’s insurance company. A good attorney can handle the insurer on your behalf and protect you from getting taken advantage of.
Talk to a Milton Drunk Driving Accident Lawyer for Free
Need help with or have questions about your drunk driving accident case? Our attorneys have been representing injury victims for 20+ years, and we’re here to help. Working with us is risk-free because we never charge you anything unless we win you money. And the initial consultation is always FREE. To schedule your consultation as soon as possible, call us today at 404-975-2673 or fill out the Free Case Evaluation form on this page.