Atlanta DUI Car Accident FAQs
Through public safety campaigns, harsh DUI laws, and other efforts, the number of drunk driving crashes has declined dramatically since the 1980s. However, a CDC publication on Alcohol-Impaired Driving in Georgia reports disturbing trends in the state and nationwide. Every year, more than 10,000 victims lose their lives due to drunk driving collisions in the US. Almost 325 people are killed on Georgia roadways annually, and thousands of others suffer severe, debilitating injuries.
Even more concerning is that 1.6 percent of all Georgia motorists admit that they got behind the wheel of a vehicle after having too much to drink at least once in the last 30 days. These individuals put all road users at risk, so it is reassuring to know that you have rights if you were involved in a drunk driving crash. While an Atlanta car accident lawyer can offer specifics, some answers to frequently asked questions about DUI collisions are useful.
Do I Qualify For Damages if the Drunk Motorist is Convicted?
The key to recovering compensation after an accident is being able to prove negligence, i.e., that the at-fault motorist failed to exercise reasonable care while driving. A DUI conviction in a criminal case is certainly powerful evidence of negligence, but it is not necessary for a civil lawsuit for damages.
What if the Other Driver Did Not Get Arrested For DUI?
You can even recover compensation for a drunk driving collision if the other motorist did not get a ticket since negligence is the focus. In the absence of an arrest and/or conviction, you can support your claim with evidence that the driver:
- Was weaving among lanes and off the road;
- Made erratic turns;
- Ignored the speed limit;
- Violated other traffic laws;
- Spoke with slurred words or incoherently;
- Had bloodshot eyes; or
- Smelled of alcohol.
What Damages Can I Recover in a Drunk Driving Auto Crash?
Compensation in a car accident case is intended to reimburse you for the losses you sustain, some of which are tangible and have a dollar value. Examples of these economic damages are costs of medical care, lost income, and out-of-pocket expenses to treat your injuries.
You may also qualify for noneconomic damages to cover the subjective losses that are personal to you alone. In a drunk driving claim, it may be possible to obtain amounts for pain and suffering, emotional anguish, and lost quality of life.
How Do I File a DUI Accident Case?
Initially, you will file a claim with the at-fault driver’s insurance company. Many claims settle, but insurers may deny payment or counter with a lowball offer to protect the company’s bottom line. You may need to sue in court if the insurer refuses to pay fair compensation.
Our Atlanta Car Accident Attorneys Can Provide Additional Answers
This information about DUI crashes in Georgia is helpful, but you probably have many other questions that relate to your unique situation. Our team at Wetherington Law Firm, P.C. can explain how the laws apply, so please contact our firm to set up a complimentary case evaluation. You can call 470-600-2751 or visit us online to speak with a skilled Atlanta car accident lawyer.