Carrollton Drunk Driver Accident Lawyer
Historically, drunk driving accidents in Georgia occur late at night. However, with the opiate problem running rampant in the Southern United States, these kinds of accidents happen at all times of the day, seven days a week. Most DUI car crashes tend to be a failure to maintain the lane by the drunk driver crossing the centerline. Other times, the impaired driver runs red lights and things of that nature. Accidents caused by impaired drivers happen 24 hours a day, seven days a week, and 365 days a year. That is why it is important to retain the services of an experienced car accident attorney. A Carrollton drunk driver accident lawyer can work vigilantly to hold the at-fault driver accountable.
How Are Drunk Driving Collisions Different From Other Car Accidents?
Driving under the influence by an at-fault driver almost always leads to an argument for punitive damages for injuries the DUI driver caused. Punitive damages are awarded on top of general and special damages in circumstances where the at-fault driver acted recklessly or wantonly without regard for anybody’s safety.
Punitive damages are awarded to hold the person civilly liable for the harm. For example, if the at-fault driver is convicted of a DUI, they may go to prison for the criminal offense. However, on the civil side, they must pay more for the injuries the person received.
Damages in Drunk Driving Accidents
A plaintiff in a drunk driving accident can work with their Carrollton drunk driver accident lawyer to seek general damages and special damages. When the injuries are severe enough, the injured person can seek punitive damages. Injury cases and the associated DUI case are handled separately. Keep in mind that the DUI case is a criminal matter. The injury case is a civil matter. They are two separate areas of law. It is impossible to go to jail or be imprisoned by a civil court.
However, criminal courts can lock someone up. When the majority of the fault belongs to the drunk driver, the injured party can still be compensated. Georgia is a modified comparative negligence state, so the fact that the plaintiff was drunk is also taken into account. Depending on the facts of the case, it is still possible to recover for injuries.Under Georgia law, if someone is awarded $10,000 by a jury and found to be 20 percent at fault, that jury’s award is reduced by 20 percent. Therefore, the injured party would only get $8,000.
Legal Procedure Following a Drunk Driving Accident
When substantial injuries occur because of a drunk driver, the drunk driver is charged with a DUI and some type of aggravated assault. An injured driver does not have to press charges against the drunk driver. Georgia pursues its own criminal charges against a drunk driver.
Victims assistance programs in the criminal justice system contact the injured party after the accident to line up interviews with police officers to find out the true extent of their injuries. Should a drunk driver not plead guilty to any of their crimes, it is possible their case goes to a criminal trial. At that time, the injured party is usually subpoenaed to testify before the court as to how the accident occurred. A Carrollton drunk driver accident lawyer can help the plaintiff navigate this process.
Value of a Carrollton Drunk Driver Accident Attorney
If you have been involved in an accident as the result of a drunk driver, consult a skilled Carrollton drunk driver accident lawyer. Your attorney can work with you to make sure that your rights are protected. The attorney can also work with you to make sure that the responsible party is held accountable, and that you receive the damages that you deserve.
