It is common knowledge that driving while under the influence of alcohol is highly illegal. This is because a driver’s ability to safely operate their vehicle is affected, significantly increasing the chances of a devastating accident. Despite this, many drivers forego the warnings and choose to drive while intoxicated. Not only does this pose severe risks for other motorists or pedestrians nearby, but also the driver themselves.
If you or a loved one have been harmed in a collision caused by a drunk driver, it is important to know that you have legal options. A lawyer who handles drunk driving car accidents in Flowery Branch could work to investigate the matter, obtain evidence of drunk driving, and leverage these facts into a lawsuit designed to set things right. Contact Smith Hulsey today to discuss your unique situation with a dedicated car accident attorney.
In addition to alcohol, driving under the influence of drugs or prescription medications can lead to severe criminal punishments and license suspensions.
Proving another driver’s intoxication is an important yet challenging part of a demand for compensation. According to the Official Code of Georgia Annotated §40-6-391, drivers are legally intoxicated when they have a 0.08 percent blood/alcohol content; the rule for commercial drivers lowers this level to 0.04 percent. Additionally, police officers who respond to the scene of an accident can make an arrest for DUI if they merely suspect that a driver is under the influence of alcohol.
A Flowery Branch attorney could help those injured in drunk driving car accidents to prove this intoxication in court. They could also help discover whether police officers suspected that a driver was under the influence at the time of the collision. This applies to both plaintiffs who were driving their own vehicles at the time of the crash and passengers in the defendant’s car.
Naturally, a driver who is at fault for an accident carries civil liability to provide compensation to any injured parties. However, to prove this, a plaintiff must gather evidence of negligence. As a drunk driving attorney could further explain, courts in Flowery Branch use a concept known as modified comparative negligence, whereby a court must apportion blame in an accident to both parties. As a result, an accident that involves another driver may split the blame for the collision between the two parties and limit a plaintiff’s potential recovery.
Thankfully, intoxicated drivers who cause an accident can allow plaintiffs to avoid this complicated dynamic. A concept called negligence per se allows a court to assume that a defendant was totally at fault in an accident. This applies when a defendant violates laws that the legislature passed as a means to protect others from harm. The State’s drunk driving statutes are a prime example of this. As a result, a conviction or admission of guilt for drunk driving in a criminal court could allow a civil court to assume that a defendant driver is at fault for the accident. An attorney at Smith Hulsey could help plaintiffs to understand the interactions between criminal and civil court cases.
One single lapse in judgment could result in a life-altering or even fatal collision. The law holds negligent drivers responsible for providing compensation for any damage they cause, and one of the most negligent things that any person could do is drive while intoxicated.
A drunk driving car accident lawyer could help if an intoxicated motorist caused an accident that resulted in your injuries. They could help evaluate your losses, investigate the incident for any evidence of intoxication, and fight for your rights in civil court. You may have a short time from the date of the incident to pursue a case, so do not delay. Contact Smith Hulsey today to discuss drunk driving car accidents in Flowery Branch with a skilled attorney.
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