Have you been involved in an auto accident? Was the other driver under the influence of alcohol at the time of the car accident? If you answered yes, then you may have a case and the right to pursue legal action. Ashenden & Associates, P.C. is one of Atlanta’s leading personal injury law firms, and our team is ready to fight for our clients’ rights – especially when they’ve been the victim in a drunk driving accident.
Drunk driving accidents involve different legal options from other types of auto accidents, and if you have been injured or know someone who was killed by a drunk driver, it’s important to be aware of those legal options. Our attorneys have a long history of successful case results in these cases. Read on to find out more about your legal options if you have been involved in a drunk driving accident.
Filing a Drunk Driving Injury Lawsuit in Georgia
In Georgia, the legal blood alcohol concentration (BAC) limit is under .08 percent. Anyone driving with a higher blood alcohol level is in violation of the law, and if their actions resulted in injury or death, they may held accountable under the law.
As the injured party, you can file a lawsuit for negligence, gross negligence, and wantonness against the drunk driver. If someone you know died as a result of the drunk driving accident, then you may have grounds for a wrongful death lawsuit. DUI auto accident cases are commonly won simply by proving the driver was intoxicated at the time of the crash, resulting I another’s injuries.
Many times, drunk driving lawsuits result in punitive damages, which are damages that go beyond compensation for accident-related expenses. These damages are intended to punish the drunk driver and to deter or discourage the DUI driver from repeating his or her wrongdoing.
Our personal injury attorneys offer professional representation for lawsuits, and have years of experience winning just amounts for our DUI accident victim clients.
Insurance Company Settlements
DUI lawsuits for damages to the victims can take months to reach court. When they do, the defendant may not have adequate personal assets to pay their damages if found guilty. For these reasons, many people prefer to seek an insurance company settlement.
Juries typically side with the injured parties in DUI cases, and they are occasionally known to award large verdicts, especially when the DUI driver is a repeat offender. Additionally, if there is proof – either in the form of a DUI conviction or a blood alcohol test – of wrongdoing, insurance companies usually prefer to avoid trial and will settle out of court.
The personal injury attorneys at Ashenden & Associates, P.C., can help you negotiate with the DUI driver’s insurance company a settlement which causes the insurance company to see why your case is worth more.
Georgia Dram Shop Act
The Georgia Dram Shop Act allows claims to be brought against restaurants, bars, and homeowners. When an establishment or a person continues to serve alcohol to a noticeably intoxicated person and it results in a drunk driving accident, they may be held liable if they knew the person was planning to drive.
Dram shop liability is more difficult to prove, and it typically requires eye witnesses or security footage to verify liability.
The personal injury lawyers at Ashenden & Associates, P.C., have experience finding and interviewing witnesses and issuing subpoenas for evidence.
Contact Atlanta’s Top DUI Injury Lawyers
If you or someone you know has been the victim of a drunk driving accident, then you may be burdened with medical expenses, funeral expenses, or lost wages. Call 770-394-8909, or contact us online to discuss your legal options. Your initial consultation at Ashenden & Associates, P.C., is free.