Decatur Drunk Driving Accident Lawyer
All drunk driving accidents are preventable, and if you or a loved one has experienced long-term, life-altering injuries as a result of a drunk driving accident, Michael M. Day Law Firm, LLC will hold the drunk driver liable for your damages. In this article we’ll explore Georgia’s drunk driving laws, which as you’ll see are zero tolerance. When a driver makes the decision to get on the road while impaired by drugs or alcohol, their capacity to drive safely decreases, and their liability for any resulting accidents goes through the roof.
Drunk driving accidents can be complex, and the process of gathering evidence to prove driver negligence and liability can seem alien to someone who has never processed an accident claim before. Luckily for injured persons, your Decatur drunk driving accident lawyer from Michael M. Day Law Firm, LLC is standing by to review your case. We’ll provide you with a free initial consultation to review the facts, and if we are able to take your case, we only get paid if we win. Read on to learn more about your rights as the victim of a Georgia drunk driving accident, and how Michael M. Day Law Firm, LLC can help.
Georgia Drunk Driving Laws
When a party is breaking the law when they cause an accident, their fault is assumed as breaking the law, whether through drunk driving or speeding, is a breach of the duty that the driver has to all other drivers on the road. Identifying when another driver is factually intoxicated can be difficult, especially if you were just hit by that driver and experienced serious injuries. This is why reaching out to law enforcement is important, as they not only assist in the exchange of information, but also in the assessment of the condition of the drivers involved in the accident.
The penalties for driving drunk under GA’s impaired driving laws are severe, as follows:
- First offense – jail time up to 1 year, a fine of at least $300 and up to $1,000, the suspension of the driver’s license for up to one year, a minimum mandatory 40 hours of community service, and a $210 license reinstatement fee
- Second offense within 5 years of the first – a minimum mandatory period in jail of 48 hours, with 90 days to up to one year possible, the suspension of the driver’s license for a period of 3 years, a minimum of 30 days of community service, a $210 license reinstatement fee, in addition to mandatory clinical evaluation and if indicated, the completion of a substance abuse treatment program at the expense of the offender
- Third offense within 5 years of the second – at least 15 days in jail, a fine of $1,000 to $5,000, the revocation of the driver’s license for a period of 5 years, a minimum of 30 days community service, the violator’s name, photo, and address must be published in a local newspaper at the expense of the offender, the offender is declared a “habitual offender” and their license plate is seized and sent to the court then forwarded to the Department of Motor Vehicle Safety, and again a mandatory clinical evaluation must be undertaken with the potential of a substance abuse treatment program at the expense of the offender.
When a driver makes the decision to get behind the wheel and causes an accident, they are not only liable for these criminal charges, but also civil damages to cover the costs that those impacted by the accident suffer. Knowing when another driver had been drinking can be difficult if police did not report to the scene of the accident, but your Decatur drunk driving accident lawyer takes the time to gather evidence to determine what the driver was up to in the time leading up to the accident.
Georgia Drunk Driving Statistics
In 2019 alone, there were 353 traffic fatalities out of a total of 1,491, that involved a driver with a blood alcohol concentration (BAC) of .08 or higher, the legal limit. This does not mean that additional accidents involving intoxicated drivers also did not occur, the statistic just tracks drivers who are beyond the legal limit for intoxication. Any time that a driver is intoxicated and unable to safely operate their vehicle they are in violation of the law, and will be responsible for the damages that result from any accidents that they cause.
Over the course of 2020, there were 1,552 fatal crashes in Georgia that resulted in 1,664 traffic fatalities on the roadways of Georgia. The leading causes of these were what the GA Department of Highway Safety refers to as “risky driving”, comprising of speeding, drug use, drowsy driving, and alcohol impairment. Drivers who were involved in fatal crashes with a positive BAC were found to be 2.3 times more likely to be speeding, and 4.3 times more likely to be unrestrained. Almost 40 percent of speeding drivers and unrestrained drivers involved in fatal crashes with known BAC were driving impaired.
Georgia takes safety on their roadways seriously, and drunk driving is one of the most significant threats facing all drivers on the roads of Georgia. When you have been seriously injured in an accident caused by a drunk driver, you’ll have the law on your side, but you’ll still have to put together a strong and comprehensive claim to collect the full compensation that you deserve.
How Does My Decatur Drunk Driving Accident Lawyer Help?
Working with an experienced attorney removes the entire process of your claim from your life, with your involvement being kept to a minimum while your attorney handles as much of the process as possible on your behalf. You’ll have assistance scheduling appointments with experts to gather evidence, and any and all communications with the opposing party and court will be conducted by your lawyer.
If you have experienced long-term, life-altering injuries in your accident with a drunk driver, you’ll need to do the following the collect coverage for the associated damages:
- Collect evidence to prove the liability of the drunk driver
- Gather evidence from qualified medical and occupational experts to accurately measure and prove your present and future medical costs, in addition to any lost wages and negative impact that the accident may have on your future earnings ability
- Draft this evidence into an claim that is filed in the proper format with the appropriate insurance company of the driver responsible for the accident
- Submit the claim to the insurance company in the hopes that it is approved in full, or negotiate the best possible settlement with the insurance company if they are unwilling to pay in full
- Process an appeal if your claim is denied
- File a lawsuit against the insurance company and responsible party for the drunk driving accident if they are unwilling to cover your damages
- Argue your case in court if an out-of-court settlement is not possible
The process can be time-consuming and complex, and especially difficult when you and your family are trying to manage following the accident and the resulting serious injuries. Working with an experienced drunk driving accident attorney takes the stress out of your day-to-day life, as we handle the entire process on your behalf.
Contact an Experienced Drunk Driving Accident Lawyer As Soon As Possible Following the Accident
The time to contact a Decatur drunk driving accident attorney is as soon as possible after you have received any emergency medical care after your accident. It is best to contact your attorney before communicating with your insurance company, and especially before communicating with the insurance company of the other drivers involved. The insurance company of the other driver may try to get you to admit liability for the accident, or to excuse the liability of their customer, on the record through a phone call.
Insurance companies can be misleading, and the less they pay you the more they profit, so it is best to have an attorney do the negotiating for you. With Michael M. Day Law Firm, LLC by your side, we’ll hold the responsible party fully accountable for your damages, making sure that you recover the full amount that you are entitled to.
Discuss Your Claim Free of Charge with a Decatur Drunk Driving Accident Lawyer
One of the first questions that our potential new clients ask is: how much are your services, and can we afford them? The answer to that question is: $0 out-of-pocket, ever, so if we take your case, you can absolutely afford our services. This is because your initial case review is free, and if we take your case, we’ll do so on a contingency basis. That means that we only get paid if we win, and our payment comes out of a portion of the earnings that we generate on your behalf.
Give us a call at (678) 616-9290, or visit our site to schedule your free consultation now.