Riverdale Drunk Driving Car Accident Lawyer
When someone gets behind the wheel of a motor vehicle drunk, they could cause a devastating accident. The injuries someone experiences after a drunk driver collision can be severe and life-changing.
If an intoxicated driver causes you to get into an accident, a skilled car accident attorney could assist you in filing a lawsuit to recover compensation for your injuries and damages. A Riverdale drunk driving car accident lawyer could help you hold the driver accountable for their reckless and careless behavior.
Prosecuting DUI Charges
According to the Official Code of Georgia §40-6-391, prosecutors can pursue a driving under the influence (DUI) charge under two legal theories.
The first theory is known as an “intoxication DUI.” Under this statute, it is unlawful to operate a motor vehicle while under the influence of alcohol or drugs. This statute is intentionally open-ended and allows for a successful prosecution without a breath test.
A “per se DUI” occurs when someone operates a motor vehicle with a blood alcohol concentration of .08 or more. The court may convict a drunk driver if a prosecutor uses either of these statutes to make their argument. An experienced Riverdale drunk driving car accident attorney can use a defendant’s criminal conviction against them with building a civil suit for an injured plaintiff.
Negligence in Drunk Driving Lawsuits
The plaintiff’s Riverdale drunk driving car accident lawyer must prove that the defendant was responsible for the collision which caused injuries and damages by providing evidence for the various elements of negligence to be successful in their civil case. These elements include:
- Duty of care
- Breach of the duty of care
- Causation
- Damages
Duty of Care
The injured claimant’ attorney must establish that the defendant owed them a duty to behave reasonably given the circumstances of their case. If there was no duty of care, a defendant may not be responsible for the damages of the plaintiff. Under state law, every driver owes others on the road a duty to operate their vehicle safely.
Breach of the Duty of Care
In a collision involving a drunken driver, their intoxication proves that they recklessly disregarded the safety of others on the road and therefore breached their duty to drive safely. A well-versed Riverdale attorney with experience in handling a drunk driving accident can use a defendant’s blood alcohol content (BAC) level as evidence of intoxication and help an injured party prove that this driver breached their duty of care.
Causation and Damages
A plaintiff also must show that their injuries are a result of the intoxicated driver’s breach of duty of care. Additionally, a plaintiff may only recover compensation if they can prove that their injuries resulted in monetary or emotional damages. A seasoned lawyer could help an injured person calculate and recover damages.
Call a Riverdale Drunk Driving Car Accident Attorney Today
The irresponsibility of drunk drivers can cause devastation and suffering for many families. If you sustained injuries from an intoxicated driver, you can seek compensation and hold them responsible for their careless actions with help from a skilled Riverdale drunk driving car accident lawyer. Call right away to schedule your initial case consultation.
