If I’m Hit by a Drunk Driver in Georgia, What Should I Do at the Scene?
First, after any car accident, the first thing to do is to obtain the medical attention you and your passengers may need; your and your passengers’ health always comes first.
You should note that often, after a DUI crash, adrenaline can mask serious injuries, so even if you think you’re fine, always get checked out by emergency responders at the Scene, then follow up with your doctor. It’s also vital to note that documenting your injuries early could be critical for litigating a personal injury claim later.
After you get the medical attention needed, you should then, at the least, consult with an experienced car accident lawyer; this is especially true if a drunk driver was the cause of your accident. Your knowledgeable, skilled car accident lawyer will analyze your case and thoroughly help you navigate this sometimes challenging legal process, establish firm liability, and negotiate a fair and just settlement or pursue litigation.
You should note that Georgia law provides a two-year statute of limitations for you to file your personal injury claim, so time is of the essence; if you miss this deadline (or others), your right to full and just compensation may be forfeit.
In any case involving a DUI, you should always call the police immediately. Georgia law requires that any car crash be reported if there are injuries or significant property damage; this advice is even more crucial in the case of a suspected DUI.
The responding authorities will conduct sobriety tests, gather evidence, and make an arrest at the Scene if the other driver is intoxicated. You must note that the official police report and possible criminal charges will be powerful pieces of evidence that your diligent and tenacious lawyer will use to support and prove your civil claim; always get a copy of this report.
Always Attempt to Gather and Preserve Crucial Evidence at the Scene of Your Accident.
Evidence is vital to your case in almost all car accidents, especially DUI injury cases. The more sound, pertinent, in-depth documentation you have, the stronger your personal injury claim will be. If you are physically able, you should always take photos and videos of the scene (if you cannot, try to obtain assistance). These photos should include damage to all the vehicles involved, any skid marks, debris, or traffic signals, and your visible injuries.
It’s also vital that you document the contact information of witnesses. Eyewitness statements are invaluable to your case, especially if the witnesses noticed any signs of intoxication, such as slurred speech, the smell of alcohol, reckless driving, etc.
Always keep detailed records of your medical treatment, prescriptions, missed work due to injuries, etc. Keep all receipts for out-of-pocket expenses such as towing, car rental, or the purchase or rental of mobility aids.
However, as your passionate, well-versed car accident lawyer will explain, never post anything about your accident or injuries on social media. In almost all cases, the opposing insurance companies and lawyers will sift through your posts looking for anything they may use against you and your case.
Some Vital Facts to Understanding Georgia DUI Injury Laws and Damages.
It’s important to note that Georgia law takes drunk driving seriously. If you’re in a DUI crash that causes injuries, the intoxicated driver may face severe criminal charges in addition to civil liability for your damages.
For example, in almost all drunk driving personal injury claims, you can seek compensation for items such as:
- All your medical expenses – This could include your current and future medical bills, rehabilitation treatment, physical therapy, prescription costs, etc.
- Lost wages due to missing work – Any income lost due to needed time off work, and the loss of your possibly future earning capacity if you’ve suffered long-term impairments.
- Additional physical (or mental) pain and suffering – Issues such as physical pain, mental anguish (PTSD, GAD, constant anxiety, etc.), emotional distress, and loss of enjoyment of life.
- Possible punitive damages – In car accident cases involving a DUI, Georgia often mandates that the negligent party pay additional punitive damages. This additional compensation punishes the drunk driver for reckless, intentional misconduct and offers a sound deterrent to others from engaging in similar behavior.
Your diligent, experienced car accident lawyer will explain that Georgia is an at-fault state. This means that the driver who caused the crash (and their insurance company) must pay for your damages.
However, insurance companies will always attempt to minimize payouts, even when their insured is drunk. They may argue that your injuries aren’t as severe as you claim or that you were partly to blame for the incident.
Since Georgia follows a modified comparative negligence rule, the compensation you receive may be reduced if you’re found partially at fault. Additionally, if you’re found to be more than 50% at fault, you may not be legally allowed to recover any damages at all. This is a crucial and highly prudent reason to always have a skilled, tenacious, and thorough car accident lawyer on your side; they will work tirelessly to uncover solid evidence and not allow this to occur.
How Can an Experienced DUI Car Accident Lawyer Help Me and My Case?
DUI car accident cases can be legally challenging, and one of the most essential paths you can take after your crash is to hire an experienced, passionate car accident lawyer who fully understands Georgia’s DUI laws and how to manage these complex cases. Your lawyer will investigate your crash in-depth, gather additional pertinent evidence, and (most valuably) negotiate aggressively and passionately with the insurance company; also, move to litigation if the case demands.
You should also note that many DUI car accident claims involve more than just the negligent driver; other parties could share the liability. For example, a bar that over-served the drunk driver could be held responsible under Georgia’s dram shop laws. Your lawyer will investigate all paths to ensure that your compensation is maximized and that you and your family are secure.
Finally, you should never speak to the at-fault driver’s insurance company without sound legal advice. Insurance companies will always offer you a quick settlement far below what your case is truly worth; once accepted, you can’t ask for more, no matter what arises.
I’ve Been in a Car Accident Involving a Drunk Driver; How Should I Proceed?
A DUI car crash can instantly change your life, but be aware that you never have to face this legal battle alone. As stated, these cases are usually legally complex, and the wise and prudent path to take is to get the professional legal advice you need as soon as possible.
The Kennesaw car accident lawyer at Piedmont Injury Law is locally respected and has years of experience in standing up for victims of reckless and impaired drivers. Their legal team will fight passionately and diligently to hold drunk drivers accountable and secure the total compensation you and your family deserve.
Call them today at 678-658-2283 for a free consultation on your unique case. Don’t hesitate, as critical evidence disappears or deadlines pass; they will work tirelessly to secure the compensation needed so that you and your family can recover and thrive.
