Nearly 30 people die every day from drunk-driving accidents in the United States, according to 2017 data reported by the National Highway Traffic Safety Administration. Accidents caused by drunk drivers are often more dangerous due to slowed reaction times and the inability of the intoxicated driver to take corrective action as quickly as a sober driver can. If a DUI accident has brought harm upon you or a loved one, contact The Simon Law Firm. Our Atlanta DUI accident lawyer has more than 30 years of experience recovering compensation for injured clients. Call (404) 259-7635 and schedule a free case evaluation with our Atlanta drunk driving accident attorneys.
We care for our clients and will individually address your needs and maintain constant communication with you regarding your case.
We will commit the time and effort it takes to obtain the results you deserve.
Legal Blood Alcohol Content in Georgia
Driving under the influence of alcohol is a crime in Georgia and a driver can be charged with a criminal offense if their blood alcohol content (BAC) exceeds the following legal limits:
.08 percent for those aged 21 or older operating non-commercial vehicles;
.04 percent for operators of commercial vehicles over the age of 21; and
.02 percent for drivers under the age of 21.
A driver’s BAC can be determined by a breathalyzer, blood test, or a urine test.
Even when a driver’s BAC does not exceed the legal limit, it does not mean that they will escape liability for injuries or damage they caused. Any amount of impairment can serve as evidence that the driver was negligent in their actions.
Liability in a Drunk Driving Accident
In addition to the intoxicated driver, there are other parties who may be liable following an accident:
Bar/Restaurant Staff & Owners
In some cases, businesses or their employees that sell and serve alcohol may be held liable when a third party is injured by a patron. If alcohol is served to an obviously intoxicated person instead of cutting them off, their actions may qualify as negligence if that patron then leaves and causes an accident.
When a guest leaves a party where alcohol has been served and is then involved in a drunk driving accident, the host of that party may be liable. The fact that the host provided alcohol to the clearly inebriated person will need to be proven.
An owner of a vehicle who negligently allows someone else to drive their vehicle while impaired can also be responsible for any damage caused by the driver.
What Damages Can You Recover after a Drunk Driving Accident?
In Georgia, victims of drunk driving accidents are permitted to seek the following damages:
Compensatory Damages: property damage, present and future medical bills and expenses, present and future lost wages, loss of earning capacity, and pain and suffering.
Punitive Damages: damages that are intended to punish the drunk driver for their reckless actions and deter them and others from engaging in similar behavior in the future. In Georgia, there is a cap of $250,000 on punitive damages.
Wrongful Death: If a drunk driving accident is fatal, the spouse, children, or the victim’s next of kin, can file a wrongful death lawsuit in Atlanta to recover damages.
Get Help from an Atlanta Drunk Driving Accident Attorney
Speak to an Atlanta DUI accident lawyer with years of experience, who can relieve you of your legal stress on a contingency fee basis. A contingency fee agreement means that we will not take any out-of-pocket payments from you and will only get paid when we secure the compensation you and your family deserve. Receive a free case evaluation today by calling (404) 259-7635 or filling out our contact form online.