Drunk Driving Accident Attorneys Pooler
You Are Not Responsible for a Drunk Driver’s Negligence
One of the most frustrating things about drunk driving accidents is that they are completely avoidable. People know that driving under the influence isn’t just illegal; it’s also deadly. Yet, they still choose to get behind the wheel of their vehicle with impaired reaction times and poor decision-making.
Drunk driving accidents are also among the most destructive cases. These negligent drivers tend to speed and won’t even notice when they are running a red light and rocketing their car into someone else’s vehicle. It is infuriating.
A Jarrett & Price, LLC, car accident lawyer in Pooler, is ready to work with you on your drunk driving accident claim. We understand that the damages you have suffered should not be paid on your dime. That’s why we thoroughly investigate your claim, deal with the insurance adjusters, and pursue maximum compensation for your damages.
Call 855-909-3021 for a free consultation with an experienced attorney who will assist you with your claim and help you get back on your feet.
What Makes DUI Accidents Different?
Drunk driving accidents are different from other car accidents because they tend to involve both criminal and civil elements. According to Georgia law, it is illegal to drive under the influence of drugs, alcohol, and certain prescription drugs.
In Georgia, an illegal blood alcohol concentration (BAC) is as follows:
- 0.08% or higher for most adult drivers 21 and older- roughly the equivalent of four drinks in one hour.
- 0.04% or higher for commercial drivers- roughly the equivalent of two drinks in one hour.
- 0.02% or higher for drivers under 21- roughly one drink in one hour.
Evidence in these cases is often stronger than in regular car accident cases because of the involvement of police involvement, including police reports and arrest reports.
DUI car accident victims can also pursue punitive damages. These damages are meant to punish the negligent driver instead of compensation for the damages suffered by car accident victims. Normally, punitive damages in Georgia are capped at $250,000, but there is no cap on DUI cases.
What Should You Do After a Drunk Driving Accident?
If you have ever been involved in a car accident or know someone who has, you may be surprised to learn that many of the actions you should take after a regular car accident are the same as the steps you should take after a drunk driving accident. Of course, there are a few differences, but we will be sure to point those out below.
Assess Your Injuries, Ensure Your Safety, Call 911
After you are involved in a car accident, you should take a moment to catch your breath. Are you injured? Are you bleeding? Do you need immediate help? If so, immediately call 911 and report your accident. Give them your location to the best of your abilities, and don’t hang up until you are instructed to do so.
If you can, check your surroundings. After your accident, you will likely be in the path of traffic, and since most drunk driving accidents occur in the evening, it may be getting dark, or there may be heavy traffic. You may be unable to leave your vehicle because of injuries you have sustained or because of structural damage to your vehicle. If you can and it is safe to do so, leave your vehicle and relocate to somewhere safer.
If you haven’t done so yet, call 911 and report your accident. In Georgia, you are required to report any car accident that results in injury, death, or more than $500 of damage. Since driving while intoxicated is a crime, you will need the police, anyway.
Should You Exchange Information?
Normally, after a car accident, you would exchange contact details and insurance information with the other driver. If you suspect the other driver is intoxicated, it is a good idea to avoid speaking with them as they may be aggressive. You can wait until the police officer arrives to request their information.
Document the Scene
It is important to gather evidence of the accident scene and your injuries. If you are able to use your phone’s camera, you can start taking photos and videos that will be invaluable to your personal injury lawsuit.
Capture images of your injuries, including blood left in your vehicle as a result of the accident. Take photos of the damage to your vehicle and the other driver’s vehicle, making sure to capture their license plate. If there are skid marks, glass on the pavement, or vehicle debris, take a photo of it where it is. Take a photo of traffic signs and traffic lights. Finally, take a step back and take photos of the entire accident scene, including your surroundings.
Speak With Potential Witnesses
Unbiased, third-party witness statements are incredibly valuable to a car accident injury claim. They can establish the cause of the accident and the moments leading up to it.
Ask witnesses if they would be willing to give a witness statement to the police. Ask them for their contact details so you can pass them on to your personal injury lawyer.
Speak With the Responding Officer
If you haven’t done so, speak with the officer who was dispatched to the accident. Give them your details, answer their questions honestly without offering excessive information, and never take responsibility for any part of the accident.
Ask them how you can get a copy of the accident report.
Seek Medical Treatment
You should go to the emergency room immediately for medical treatment. You will want your injuries diagnosed and documented. Even if you don’t feel like you have suffered any injuries, things like whiplash and traumatic brain injuries can go unnoticed for a long time.
A medical examination establishes your injuries and makes it harder for the insurance company or the driver’s attorney to refute them.
Speak With a Car Accident Attorney
As soon as your injuries are diagnosed and treatment starts, you should speak with a Pooler car accident attorney.
In Georgia, you only have two years to file a car accident claim. Missing this deadline will completely bar you from pursuing compensation for your drunk driving accident. While two years may seem like a lot of time, your personal injury lawyer will need time to investigate your case, gather evidence, and build your claim. Insurance companies are also known for dragging their feet in an attempt to waste time and force you to miss the deadline.
When you hire Jarrett & Price, LLC, we will take over dealing with the insurance company. We will tell you what evidence and documentation we need to build your case. We will guide you through the legal process and make sure you are always updated on your car accident case. Our goal is to get you the best car accident settlement possible.
File an Insurance Claim
Now, it’s time to file your insurance claim with your insurance company. When you call your insurance company, answer their questions honestly and explain the details of your crash, including your belief that the other driver was drunk at the time of the accident.
Do not agree to give a recorded statement, and do not discuss fault or injuries. If they insist on getting this information from you, tell them to call 855-909-3021 to speak with your personal injury lawyer.
You may also receive a phone call from the liable party’s insurance company. Under no circumstances should you agree to give a recorded statement or accept their settlement offer. Tell them they can speak with your lawyer about the accident.
Track Your Pain, Treatment, and Recovery
You should keep track of anything related to your injuries. Keep a journal of the pain you suffer on a daily basis. Document how your injuries affect your daily life and what they prevent you from doing. Track how the treatments are impacting your life. Take photos of the progress of your recovery.
When it comes to car accident claims, every piece of evidence strengthens your case. If you think it is valuable to your case, keep it or document it, and our car accident lawyers can sort through it and determine how we can best serve your claim.
How Do Car Accident Lawyers Prove Liability?
Liability in drunk driving accident cases than it is in a regular car accident. When it comes to an accident involving a drunk driver, there may be multiple parties liable for your damages. Establishments that overserved the other driver may be held accountable for their part of the accident. You can even sue the host who oversupplied alcohol for a social event.
Regardless of how many liable parties there may be, your car accident lawyer will still need to prove that each defending party was liable for the actions that led up to the accident.
To prove liability, your attorney will need to prove four things:
- Duty of care- The defendant had a legal obligation to act safely. Example: The other driver knew they shouldn’t drive drunk, the bartender knew they shouldn’t have served the driver, etc.
- Breach of duty- The defendant failed to meet that duty. Example: The other driver chose to drink and drive, and the bartender chose to overserve a patron.
- Causation- The defendant’s breach of duty caused an accident that led to your injuries. Example: Your damages exist because of the drunk driving accident and the bartender.
- Damages- You suffered actual harm. Example: You have medical expenses, lost income, and property damage as a result of the accident.
Dram Shop Liability
Dram shop liability refers to the legal responsibility of businesses that serve alcohol. Dram shop liability can be established if:
- The establishment willfully served alcohol to a person who was noticeably intoxicated
- They knew that person would soon be driving a motor vehicle
- That driver caused an accident that led to serious injuries or death
Social Host Liability
Private hosts may also have limited liability when they serve alcohol. A host can be held liable if:
- They knowingly provide alcohol to a person under 21 years old
- The underage guest becomes intoxicated and causes an accident
Georgia law does not hold social hosts liable for over-serving adults of legal drinking age who later drive drunk.
It is okay if you don’t understand liability. When car accidents happen, you can rely on a car accident lawyer to determine the liable parties and include them in your car accident claim.
Should You Call Jarrett & Price, LLC for Your Car Accident Claim?
Car accident settlements for a drunk driving accident require a legal team that understands your circumstances and is ready to hold the negligent parties accountable for their actions. Seeking financial compensation is going to take an experienced team to collect as much evidence as possible to build a solid claim.
Don’t accept anything less than a fair settlement when our law firm is here to help you recover compensation for injury victims. If your life has been turned upside down because of medical bills, lost wages, property damage, and disabilities caused by spinal cord injuries or traumatic brain injuries, you need a car accident lawyer you can trust.
Call 855-909-3021 to speak with a car accident lawyer with Jarrett & Price, LLC. Our attorneys work on a contingency fee basis, meaning you can get solid legal representation even if you can’t afford upfront legal fees. Call today to schedule your free consultation, during which we will determine if you have a personal injury claim and what your next steps should be.