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How Does a Drunk Driver’s Criminal Case Affect a Personal Injury Claim?

Posted on - Wednesday, May 18, 2016 under DUI, Personal Injury How Does a Drunk Driver’s Criminal Case Affect a Personal Injury Claim?

In a Georgia car accident lawsuit, you need to prove that the other driver was negligent, that the driver’s negligence caused the accident and your injuries, and that you have incurred damages as a result of your injuries. Often, proving that the other driver was negligent or reckless can be a challenge, with conflicting evidence and testimony about what happened and who was at fault.

But when the other driver was drunk and is subsequently charged with and convicted of DUI, proving that they were negligent becomes much, much easier. In fact, a drunk driver has pretty much proven negligence for you.

The consequences of driving under the influence in Georgia are many. Not only do drunk drivers seriously injure and kill people every single day, they also face stiff criminal penalties that can land them in jail, cost them thousands of dollars in fines, and result in the loss of their driving privileges.

While prosecutors pursue a criminal DUI case against the driver, anyone injured or the family of someone killed by the driver can file a civil lawsuit against the driver for damages. The evidence used by prosecutors to obtain a conviction – police reports, field sobriety tests, Breathalyzer tests, witness statements, etc. – can also be used to prove negligence in a personal injury lawsuit. If the driver is ultimately convicted of DUI, that conviction can be used as conclusive evidence that the driver was negligent; that he or she was “negligent per se.”

Even if a driver is not charged or convicted of DUI because they were below Georgia’s legal limit, any evidence of alcohol in the driver’s system can be used as part of a plaintiff’s effort to prove that the driver was impaired at the time of the accident.

The Parian Law Firm – Metro Atlanta Drunk Driving Accident Lawyers

At The Parian Law Firm in metro Atlanta, Georgia, we represent injury victims exclusively, including individuals and families who have suffered because of a car accident caused by a drunk driver. Please contact us at (770) 727-5550 or chat live online with a member of our staff today. We look forward to assisting you.