By: Drunk driver accident attorney Lindsey Macon and car accident lawyer Michael Thompson, drunk driving accident attorneys with McArthur Law Firm
Drinking and driving and drugged driving are major problems for traffic safety in the United States. In major cities (like Atlanta, GA) around the USA, impaired drivers get into drunk driving crashes. These Atlanta drunk driving car accident cases inevitably lead to new drunk driving accident victims.
As might be expected, drunk driver accidents happen mostly at night. Some of the first questions that our clients tell us they lost sleep over include these concerns:
- a. Do alcohol-impaired drivers who have been in an auto accident causing serious injury have sufficient insurance coverage to pay my medical bills and lost wages? (ANSWER: Usually not, but your own policy may have additional financial compensation available for underinsured motorists like this DUI driver.)
- b. Does auto insurance cover drunk driving accidents? (ANSWER: Yes, all liability coverage in GA must cover DUI accidents, too. But, drivers with the lowest coverage have very low limits, and most drunk drivers don’t have substantial personal assets that can be recovered in litigation.)
- c. Can I get a free consultation with a drunk driving personal injury lawyer in Atlanta to aggressively litigate my drunk driver accident Atlanta case? (ANSWER: Yes, if our Firm takes your case, then we advance all costs of the litigation, with these costs being recovered when the case is concluded.)
- d. Looking at my own policy for uninsured motorist accident coverage, does my car insurance cover drunk driving accidents if the impaired driver’s is insufficient? (ANSWER: Possibly, if you opted for this additional coverage under your uninsured motorist benefit.)
- e. If I want to speak with a lawyer now, but am too injured to get to the attorney’s office can that drunk driving accident attorney near me come to my home or hospital room? (ANSWER: Yes, our Atlanta DUI accident lawyers can come to you anywhere in Georgia.)
If you are in search of an Atlanta drunk driving accident lawyer who sues the impaired driver, this is one of the civil justice cases our legal team will accept, when serious injuries or a wrongful death occur as a result of the crash.
One final note. Our legal warriors will only act as the drunk driving victim attorney, and never defend people arrested for impaired driving as their DUI lawyer.
Yet, some of your competitors handle both types of clients, depending on whether they get the call for criminal defense (and be that person’s drunk driver lawyer) or get the call from a victim for the civil litigation case. Think about that difference when you are hiring your legal counsel.
Background on the Evolution of Tougher DUI Laws in the Peach State
The State of Georgia has strict laws prohibiting driving while under the influence of alcohol, drugs, marijuana, or any other type of impairing substances (e.g., huffing paint fumes). Since the 1940s, the federal government has continuously modified our nation’s laws to increase criminal law penalties for DUI drivers convicted of criminal charges.
In 1970, NHTSA (the National Highway Traffic Safety Administration) became an agency of the federal Department of Transportation to implement aggressive new laws seeking to curtail driving under the influence. Multiple major pushes that the NHTSA leaders implemented in the past 50-plus years include:
- Coercing all states to enact implied consent laws whereby a lawfully arrested impaired driving suspect is advised that her or his driving privileges can be revoked or suspended for not agreeing to take a post-arrest test of breath, blood alcohol, urine alcohol or other bodily substances.
- Convicting all states to enact zero-tolerance laws for underage drivers, and imposing even harsher DUI-DWI punishments for these youthful drinking and driving offenders.
- Calling for all states to immediately suspend or revoke a driver’s driving privileges upon conviction of DWI-DUI charges.
- Created a national information-sharing system for reporting problem drivers among the various DMV, DPS, SOS, and BMV offices nationwide.
- Pushed for similar boating under the influence laws to be put in place with comparable or identical punishments for those who are convicted of BUI.
- In the last decade, NHTSA has used the withholding of federal highway construction money to cause almost every state to implement mandatory ignition interlock laws for all repeat offenders and also for the first offenders who wish to receive limited, interlock-restricted work permits during their probation periods.
- Currently, NHTSA has convinced Congress to add mandatory alcohol detection technology on future automakers’ models, tentatively set to apply to all new vehicles manufactured
In 1990, a new agency (the Federal Motor Carrier Safety Administration) was launched to mandate new Commercial Vehicle Driver laws targeting commercial motor vehicles engaged in Interstate Commerce. Multiple sections of these FMCSA regulations impose extremely stringent laws pertaining to CDL license holders, even when these drivers are not behind the wheel of a commercial tractor-trailer.
Police know how to identify intoxicated drivers. If it’s a DUI case, and that driver gets convicted. Reach out to McArthur Law Firm now to schedule a no-cost consultation with our experienced team of attorneys. This will give you the opportunity to obtain answers to any inquiries you may have and receive valuable guidance on the next steps to take in pursuing your legal claim.
“I was Hit by a Drunk Driver with Insurance.” While the at-fault driver usually has liability insurance, very few drunk drivers have enough coverage to pay all medical costs and damages. Plus, insurance companies are not required to pay out their policy benefits for “punitive damages,” if a jury awards those damages.
In today’s world, rideshare companies are readily available, whereas many years before taxis were often slow to arrive and highly unreliable late at night. Jurors all know that this driver took a chance by driving impaired and that the victim could have been any of them or their family members.
When a motorist is drunk and driving, and injures or kills others, laws in Georgia and other states provide legal remedies to hold such motorists accountable for his or her actions. An Atlanta DUI accident attorney will strive to ensure you receive the justice you deserve.
If you have suffered injuries caused by a drunk driver or aggressive driver, reach out to the McArthur Law Firm immediately. We offer a no-obligation consultation with our specialists, providing you the opportunity to clarify any doubts and receive counsel on the best course of action for your prospective lawsuit.
Steps to Take Immediately Following an Accident
A step-by-step guide on what to do after a car crash with a drunk driver. If there is a crash, make sure to call the police right away to make a report. This is especially important if you think the other driver might have been drinking or using drugs. Tell the officer at the scene about your concerns.”
Smartphones are useful in these situations. You can use it to record the conversation with the other driver, who may be impaired. Remember to gather information about the accident, such as the names and numbers of witnesses.
Try to gather as much information as you can. Check if another motorist is trying to conceal or dispose of cans or bottles or trying to cover up the smell of alcohol on his or her breath. Turn on your cellphone’s video and capture this activity when the police arrive later.
Should you, another motorist, or any passenger require medical attention, immediately summon an ambulance. Contact a lawyer from our team who is an expert in handling DUI cases. Our aim is to secure the recompense you are entitled to. Our legal professionals can probe the driver’s history for past offenses. According to CDC statistics, drivers apprehended for DUI are six times more likely to have prior DUI convictions than drivers without any trace of alcohol in their system.
What Kind of Compensation Can I Pursue in A Drunk Driving Accident Lawsuit?
In the majority of personal injury instances, an injured victim of an intoxicated motorist can pursue several types of damages. The first is for any lost wages while unable to work, and any medical costs or expenses for any prescribed or suggested medical treatment, physical therapy or corrective surgeries.
When some cases are settled, our client may still be unable to work. In these cases, where a client’s injuries are so severe that she or he lost all earning capacity, an award for additional damages might be sought on behalf of our client.
In addition, Georgia tort laws allow for a jury to award damages for pain and suffering. The ordeal that many accident victims go through is definitely something that needs to be compensated.
A third type of damages applies to certain “intentional” crimes like drunken driving, hit and run and a few others, for which our client can assert a claim for punitive damages. These awards are legislatively approved to allow jurors to punish the wrongdoer and can result in a significant monetary award in some DUI injury or wrongful death incidents.
Additional Resources About Drivers Convicted of DUI in Georgia
- Georgia’s DUI statute. OCGA 40-6-391
- Georgia Sanctions for Drivers without Insurance: OCGA 40-6-70
Take Action by Calling McArthur Law Firm Today!
McArthur Law Firm offers representation for justice and for full compensation. For those injured, the effort to hold the drunken driver accountable goes beyond just the financial recovery
Our Firm’s Founder and Leader is Kathy McArthur. The Atlanta injury attorney was named the Georgia Super Lawyers Cover Story attorney for the entire State of Georgia (all practice areas) in 2024.
By taking that unsafe driver to task in civil litigation, you help make our highways safer. Call today for your NO COST initial case evaluation: 404-565-1621.
More Drunk Driving Accident Resources
If you’d like to learn more about drunk driving accidents in Georgia then read our informative articles below. We explore every aspect of drunk driving injury cases McArthur Law Firm handles.
