What Happens in a Car Accident When Both Drivers Have Been Drinking?

Anyone who is smart enough to qualify for a driver’s license in Georgia is also smart enough to understand the dangers of drunk driving. The consumption of alcohol impairs judgment, reflexes, and other abilities needed to drive safely. So, someone who is driving while intoxicated can cause a serious car accident and face criminal penalties as well as civil liability to the victims.

But what happens when there is an accident between two drivers and both of them have been drinking? During the holiday season, more people than usual get behind the wheel after attending a party where alcohol is served. It is helpful to understand legal rights and liabilities in this type of situation.

Impairment vs. the Legal Limit

One factor that is important to be aware of is that there is a difference between being impaired and being over the legal limit for blood alcohol content. Georgia motor vehicle laws specify that if a driver has a blood alcohol concentration of .08 grams or more while that driver is in control of a vehicle, the driver is automatically presumed to have violated the prohibitions against driving under the influence of alcohol. In other words, they are considered guilty of the crime of drunk driving.

Many people assume that if they drive while their blood alcohol concentration is under the legal limit, they are complying with the law. That is not the case either for criminal law or civil law.

Section 40-6-391 of the Georgia Code prohibits driving any time someone is “under the influence of alcohol to the extent that it is less safe for the person to drive.” It might take a very small amount of alcohol to make it “less safe” to drive. So a driver can be convicted of driving under the influence even if they drank very little and their blood alcohol concentration is far below the legal limit.

Civil Liability Standard

When it comes to liability for a car accident, the standards are different from those in criminal law. To prove someone is guilty of a criminal offense, guilt generally needs to be established beyond a reasonable doubt. But in civil court, when you are seeking compensation from someone who caused a car accident, you only need to prove that it was more likely than not that their irresponsible actions caused the accident.

Someone may not be convicted of driving under the influence in criminal court and yet be considered to have been driving while impaired in civil court because the burden of proof is lower.

Proving Liability for a Car Accident

In a criminal case, the government is trying to punish someone for breaking the law, and there is often no thought about obtaining justice for anyone hurt by the violation. Civil law courts give the victim a chance to seek compensation for the damage caused by someone’s wrongful actions.

In a personal injury lawsuit after a car accident, the person injured in the collision sues the person who caused the accident and must prove that the person’s actions were the reason the accident occurred. This may involve proving that the person who caused the accident did something illegal, but usually it centers around proving that the person who caused the accident acted negligently or recklessly.

A person can be considered negligent when they do (or don’t do) something that a reasonable person would do under the circumstances. Obviously, drinking a large amount and then getting in the car to drive is irresponsible and something a reasonable person would not do. A driver who did that would be negligent at the very least, and probably reckless.

But what about having one glass of eggnog or a single glass of wine with a large dinner? If you have a single drink on a full stomach, are you still negligent if you drive? The answer could be “yes” depending on the circumstances, so it is never safe to drive after drinking, even a small amount.

Comparative Fault in Car Accident Cases

Many times, a car accident occurs for more than one reason. Both drivers may have done something that contributed to the cause of the accident. For example, one driver might have been driving too fast while the other didn’t use a turn signal before slowing down to turn, leading to a rear-end collision. In this type of situation, the degree of fault would be assessed for each driver. If one driver was less than 50% at fault for causing the accident, that driver would be able to seek partial compensation for injuries from the driver who had the majority of the blame. Since both drivers were at fault, the driver seeking compensation would have their recovery reduced by an amount equal to their share of responsibility. 

So, if Driver A suffered $100,000 in damages and that driver was found to be 30% responsible for the accident, the damage award would be reduced by 30% ($30,000), and they would receive $70,000 instead of $100,000.

A collision between two drivers who had both consumed alcohol could result in this type of apportionment of fault. If one driver had been drinking shots of hard liquor while the other had a single beer two hours before getting into the car, and that driver was driving attentively, then it is certainly possible that the driver who had been drinking heavily would be considered to have the majority of the share of fault and could be required to pay compensation to the other driver. But because the effects of alcohol can impair driving abilities very quickly, and the effects, including drowsiness, can last a long time, it is always a bad idea to drive after consuming any alcohol whatsoever.

Find Out More About Recovery After Car Accidents

If you were involved in a car accident in the Atlanta area, the team at Michael M. Day Law Firm may be able to recover compensation even if you were partially at fault for causing the collision. But the circumstances involved can make a big difference, and evidence to support your case needs to be collected and preserved as quickly as possible. It is helpful to consult an attorney for advice and assistance right after the accident if you can. For a free case evaluation and consultation with our team, call us today at 404-480-4284 or contact us online.