DUI Accidents & Injuries
The state of Georgia has numerous criminal statutes prohibiting driving while under the influence of drugs and/or alcohol, or DUI. According to O.C.G.A. 40-6-391, it is illegal for an individual to operate a motor vehicle while intoxicated.
Unfortunately, every day people get behind the wheel of a motor vehicle while they are either high or drunk. It may be the reason why you or your loved one is injured in a DUI accident.Georgia DUI Crashes and Personal Injury Law
In Georgia, a DUI accident is considered a crime. The state of Georgia seeks justice for the victims harmed in drunk or drugged car accidents. If convicted, those accused of DUI may go to county jail or prison.
The state also considers a DUI accident a personal injury claim. A personal injury claim is a lawsuit found in civil, not criminal, court. The lawsuit seeks damages related to your accident injuries, such as:
- Past, current, and future medical bills related to the injuries suffered in the DUI accident
- Lost wages for the time you spent off work because of the accident
- Pain and suffering you endured because the at-fault driver chose to drink and drive or to get high and drive
If your loved one died because of the DUI accident, you are allowed to seek damages related to the accident such as funeral and burial expenses with a wrongful death lawsuit.Proving Negligence in a Georgia Drunk Driving Case
Negligence is the foundation of a DUI personal injury cause. Negligence involves the failure to act as a reasonable person would in the same and/or similar circumstances. The “reasonable person” is not real. It is a standard used to determine if the defendant acted negligently.
To obtain damages, you have to prove that you sustained injuries. This may be obvious, but the court makes you use a four-step process:
- The at-fault driver had a legal duty to you. A legal duty is a legal responsibility a driver has to drive while not causing an accident that injures anyone. This is a blanket legal duty which covers anyone in the vicinity in which they are driving.
- The at-fault driver breached their legal duty to you. A breach occurs when the driver causes your DUI accident.
- The at-fault driver caused your injuries. To prove this, you have to connect their DUI driving to the accident that caused your injuries.
- You should receive damages for your injuries
The Georgia accident lawyers at the Persons Firm understand the trauma, expense, and suffering that comes about after a collision. We put our experience to work to help accident victims pick up the pieces after their lives have been impacted by a negligent driver. We know the many different ways injuries can occur because we have been doing this work for years.
The important thing to keep in mind is that drunk driving not only puts the drunk driver at risk, but sober drivers and pedestrians innocently sharing the road, as well. If you or someone you know has been injured in an alcohol related collision, contact the Persons Firm by calling 770 424 5125 immediately for a free consultation.