Drunk Driving Accidents: Building a Strong Case to Hold Intoxicated Drivers Liable
Drunk driving accidents cause thousands of injuries and deaths every year. Many victims and their families want to hold the intoxicated driver liable for damages through a personal injury lawsuit. However, drunk driving cases can be complex. Proving liability and getting full compensation often requires working with an experienced personal injury attorney to build a strong case.
Proving Liability
The key to winning compensation in a drunk driving accident case is proving liability – that the negligent actions of the drunk driver caused the collision and your injuries. Several factors can help establish liability. These include:
Blood Alcohol Concentration – Getting the driver’s BAC from blood tests shows their level of intoxication. A BAC of 0.08% or higher constitutes being legally impaired in most states. The higher the BAC, the clearer the liability.
Field Sobriety Test Results – Most officers conduct standard field sobriety tests at the scene. Failing these tests helps show the driver was impaired and unfit to operate a vehicle.
Witness Statements – Eyewitness accounts of the driver’s behavior or statements they made about drinking support intoxication and liability.
Bar Receipts – Receipts showing the driver purchased alcohol before driving, especially high quantities in a short time, help prove impairment.
Circumstantial Evidence – Facts like empty beer cans in the vehicle, visiting bars beforehand, driving recklessly, or getting into previous alcohol-related accidents establish a pattern of drunk driving behavior.
Accident Reconstruction – Expert analysis of factors like skid marks and location of impact can show the impaired driver caused the crash through reckless actions like speeding or running lights.
Dram Shop Laws – Some states allow suing bars and restaurants that continued serving a clearly intoxicated patron who later caused drunk driving injuries.
Even with strong evidence of drunk driving, the at-fault driver’s insurance company will often deny full liability. An attorney can insist on getting access to all available evidence and fight for your right to fair compensation.
Proving Damages
In addition to liability, a drunk driving accident lawsuit seeks compensation for all your monetary damages caused by the collision. With an attorney’s help, be sure to claim all applicable damages:
- Medical expenses from initial hospitalization, surgeries, therapy, at-home care, and ongoing treatment related to your injuries. Thoroughly document expenses and get statements from doctors confirming future costs.
- Lost income from missing work due to recovering from crash injuries. Calculate how earnings you lost while unable to work and potential long-term impacts on your earning capacity.
- Loss of future earnings if injuries prevent you from returning to your occupation or have reduced your ability to work and earn as you previously could.
- Pain and suffering damages for physical pain from injuries and emotional trauma from the incident.
- Loss of enjoyment of life if injuries inhibit participation in activities that previously brought you happiness.
- Property damage to your vehicle or other personal property.
- Wrongful death damages if a loved one was killed, including loss of companionship, benefits, services, and support.
The liable drunk driver’s insurance company will likely dispute injury claims, projected medical costs, and other damages. A personal injury lawyer can value damages fairly using methods like contacting doctors to verify treatment expectations or hiring vocational experts to analyze losses in earning capacity.
Settlement Negotiations
After proving liability and damages, most drunk driving cases settle out of court to avoid a drawn-out lawsuit. An experienced attorney will negotiate firmly with the insurance company on your behalf to get a fair settlement covering the full value of your damages. Be prepared for insurers to initially offer unreasonably low settlements. Your lawyer can insist on justification for their amounts and make persuasive legal arguments for increased payouts until reaching an acceptable settlement.
If a reasonable settlement can’t be reached, a skilled personal injury lawyer can take the case to trial and argue for damages before a jury. They will handle all aspects of your case – gathering evidence and witnesses, filing court documents, presenting arguments in court, examining witnesses, and more. This allows you to focus on recovery while having your strongest legal advocate fighting for maximum compensation.
Drunk Driving Laws in Georgia and South Carolina
Laws pertaining to drunk driving and its consequences vary somewhat between states. In Georgia and South Carolina, some key laws include:
- The legal BAC limit for drivers is .08%. Lower limits exist for commercial drivers and drivers under 21. Just being over the limit constitutes DUI regardless of outward signs of impairment.
- Getting a DUI conviction results in fines, license suspension, probation, potential jail time, and an ignition interlock device requirement. Refusing a breathalyzer can increase penalties.
- Both GA and SC are modified comparative negligence states – you can still recover damages if you are partially at fault, but the award decreases by your percentage of fault.
- Both GA and SC allow victims to sue establishments that negligently over-served drunk drivers who later cause injuries. Individuals and establishments have a duty to keep others safe.
- Both states allow punitive damages in drunk driving cases where gross negligence is established, increasing the financial liability.
Consult a Personal Injury Attorney About Your Case
Recovering after a drunk driving collision is difficult enough without having to fight insurance companies for fair compensation. Having an experienced personal injury attorney on your side levels the playing field and takes the legal burden off your shoulders.
Our attorneys offer compassionate guidance and vigorous representation to drunk driving accident victims in Georgia and South Carolina. We handle every aspect of building a compelling case so you can focus on healing while we fight for the maximum compensation you deserve. If you or a loved one have suffered injuries in a drunk driving crash, contact us for a free consultation to discuss your legal options. With an aggressive and dedicated legal advocate, you can hold intoxicated drivers fully liable for the harm they’ve caused.
Visit one of our offices at:
- 7176 Hodgson Memorial Drive, Savannah, GA 31405
- 320 East Clayton Street, Athens, GA 30601
- 197 14th St. NW, Suite 200, Atlanta, GA 30318
- 110 Traders Cross #226, Okatie, SC 29909
Or call now for a free consultation on (800) 529-1441.
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