Drunk Driving Accidents
Drunk driving accidents kill and injure many people in Georgia each year. Victims of these crashes are often left to deal with the serious emotional, physical, and financial toll that they impose. If a drunk driver has harmed you in a car or truck accident, you should consult an injury attorney as soon as possible. At the Law Offices of T. Andrew Miller, we can carefully examine the facts of your case and come up with a legal strategy accordingly. Atlanta drunk driving accident attorney T. Andrew Miller firmly believes in holding drunk drivers accountable for the harm that they cause. You can trust that he will zealously advocate for your rights.Assert Your Legal Rights After a Drunk Driving Accident
About one-third of all traffic deaths in the United States involve a drunk driver. Drivers with a blood alcohol concentration (BAC) of 0.08% or higher are considered alcohol-impaired by law, while others may be impaired by their consumption of alcohol even if it does not reach this level. The Governor’s Office of Highway Safety in Georgia reported that there were about 300 alcohol-related driving fatalities in the state in 2013, a similar number to most recent years.
If you were hurt in a drunk driving accident, you may be able to obtain compensation for your harm. Victims of these types of accidents typically will be able to file a negligence claim. Negligence is a failure to exercise reasonable care behind the wheel that ends up causing harm to someone else. Reasonable care is defined as how a prudent person would act under the same circumstances. In order to prevail on a negligence claim, the plaintiff must show that the driver owed a duty of care to the plaintiff, and the driver breached the duty of care by driving while intoxicated, which is a violation of Georgia law. The accident must have been a direct consequence of the driver’s intoxication.
If you were struck by an intoxicated truck driver, you should be aware that truck drivers and trucking companies are required to follow strict regulations established by the Federal Motor Carrier Safety Administration and other rules imposed by the state of Georgia. These regulations are often complex, but you can rely on us to examine the facts of your case to determine whether any rules were broken. Furthermore, if a drunk truck driver has struck you while he or she was on the job, you may be able to hold the driver’s employer liable under a vicarious liability theory. In some situations, a trucking company and even the insurance company may be liable directly as well, such as if it hires or retains a driver who has a history of DUI.
While there is no excuse for any form of careless or reckless behavior behind the wheel, drunk driving is considered particularly reprehensible. This means that punitive damages may be available in some cases, as well as compensatory damages for items such as medical bills, rehabilitation costs, lost income, pain and suffering, and property damage. Punitive damages are intended to punish and deter a defendant who has committed an egregious act. Under Georgia law, there is no restriction on punitive damages in car accident cases involving a driver intoxicated by drugs or alcohol, in contrast to claims based on other forms of negligence.Consult an Atlanta Attorney for Your Drunk Driving Accident Case
Drunk driving accidents may lead to a lifetime of consequences for everyone involved. At the Law Offices of T. Andrew Miller, we fight aggressively on behalf of victims throughout the legal process. Attorney Miller is a dedicated Atlanta drunk driving accident lawyer who understands the nuances of this area of law. He also represents people in Alpharetta, Stone Mountain, Marietta, Lawrenceville, Norcross, and other communities throughout Fulton, DeKalb, Cobb, and Gwinnett Counties. To set up a free consultation with a car accident attorney, call us at (678) 894-4758 or contact us online.