Every year, a number of people in Georgia are injured by drivers who choose to get behind the wheel while under the influence of alcohol or drugs. There are a variety of ways in which DUI accidents can occur. A driver may cross into the wrong lane, fail to keep a safe distance, travel the wrong direction, lose consciousness while driving, and more. No matter how you were hurt, we can help. If you or someone you know is recovering from this type of injury in the Marietta area, car crash lawyer Norman Miller can help you determine your next steps. Dealing with the aftermath of any accident can be a traumatic experience, and you can expect us to handle your case with the utmost compassion.Hold Drunk Drivers Accountable for Your Injuries
According to the Georgia Governor’s Office of Highway Safety, there were 277 alcohol-related fatalities in the state in 2011, which was 23% of all driving-related fatalities for that year. Operating a motor vehicle while under the influence is not only illegal but also shows a complete disregard for the safety of others on the road.
Someone who gets behind the wheel while intoxicated and causes an accident may be held liable for negligence. This legal theory can apply when someone fails to take proper care in doing something. The appropriate standard of care in car accident lawsuits is defined as acting as the ordinary person would behave in the same or similar circumstances. Thus, to establish negligence in a DUI case, the victim would have to show the following elements:
- The defendant driver owed a duty of care;
- The driver breached the duty by driving while under the influence of alcohol or drugs, which is generally recognized to fall short of the appropriate standard;
- The driver’s breach was the direct cause of the accident; and
- The victim suffered actual, quantifiable damages as a result.
When somebody has broken a law, such as the prohibition against drunk driving, it may be possible to use a specific legal theory known as negligence per se. This allows the victim to substitute a different test for the elements of duty and breach. To establish negligence per se, an injured person must show that the defendant violated a law that was designed to protect people like the victim from the type of harm that he or she suffered. This is generally straightforward in DUI accident cases because the safety statute that prohibits drunk driving was enacted to prevent injuries from happening to people who share the road with people under the influence. However, it is still essential to show the elements of causation and damages, even if you use negligence per se as the basis of your claim.
If you succeed in your injury lawsuit, you likely will be entitled to compensation from the defendant. Depending on the severity of the harm that you endured, you may be able to recover a broad range of costs for losses such as ongoing medical bills, rehabilitation treatment, lost income and benefits, property damage, pain and suffering, and any other damages arising from the accident. Additionally, in a DUI case you could be entitled to punitive damages regardless of the severity of your injuries. The monetary compensation can be awarded in a lump sum or in installments over a period of time.Contact an Experienced Auto Accident Lawyer in Marietta
Getting behind the wheel while intoxicated is a senselessly dangerous decision. At Miller Legal Services, we are committed to holding drunk drivers responsible for their actions in Marietta and surrounding communities. Whether you’ve been hurt or sustained damage to your vehicle, auto accident attorney Norman Miller will work diligently to provide you with the representation you deserve. We believe that a successful attorney-client relationship hinges on an open line of communication, and we proudly represent individuals in Roswell, Smyrna, and throughout the rest of Georgia. Call us at 770-284-3727 or contact us online for a free case evaluation.