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This content is for informational purposes only and is not intended to provide legal advice.
Every day, nearly 30 individuals lose their lives in the United States in a car accident involving a drunk driver, according to National Highway Traffic Safety Administration data from 2017.
It is important to get in touch with a lawyer for a consultation as soon as possible if you have been in a drunk driving accident. The sooner you meet with an attorney, the sooner you’ll know which steps to take to rebuild your life after a tragic accident.
The Legal Blood Alcohol Content in Georgia
In the state of Georgia, it is against the law to drive while under the influence of alcohol. Drivers could be charged with a criminal offense if their BAC or blood alcohol content is higher than:
- .08% for individuals over the age of 21 operating a non-commercial automobile;
- .04% for drivers of commercial vehicles who are 21 and older;
- .02% for drivers younger than 21.
Police officers can use a blood test, urine test, or Breathalyzer to determine a driver’s BAC. Even if the driver’s blood alcohol content is within the legal limits, they still may be responsible for any damage caused in the accident. Any amount of intoxication can serve as proof that the driver was not fit to operate a vehicle at the time of the wreck.
Who Is Responsible for a Drunk Driving Accident?
When you are involved in a crash, determining fault is essential for receiving compensation. A drunk driving victim accident lawyer based in Atlanta can help you identify all the guilty parties and target them in a lawsuit. In addition to the drunk driver, other individuals may be responsible for the accident. These include:
Bar and Restaurant Staff and/or Owners
Sometimes, bars or restaurants that serve and sell alcohol will be liable if a third party is injured by someone who got overserved. If an establishment continues to serve alcohol to someone intoxicated, their action could be seen as negligent in a court of law. The owners or staff can be held liable if the person leaves the business establishment and causes a wreck.
Hosts
When someone leaves a party where alcohol was served and becomes involved in a car accident, the host of the event could be responsible. The plaintiff(s) will have to prove that the host provided alcohol to someone who was obviously intoxicated.
Negligent Entrustment
A vehicle owner who irresponsibly allows another person to drive their car or truck while that person is impaired could be liable for any damages that the driver caused while behind the wheel.
Recovering Damages After a Drunk Driving Accident
Car wrecks caused by intoxicated drivers are usually far more dangerous because they have slower reaction times and less control over their motor skills and critical thinking. A drunk driver will take longer to swerve out of the way or hit the brakes. Slow reaction time increases the risk of serious and fatal accidents.
In the state of Georgia, you can seek the following damages if you were the victim of a drunk driving wreck:
Punitive Damages
These are damages designed to punish the defendant for their dangerous behavior and discourage them and others from driving while intoxicated. The cap for punitive damages in Georgia is $250,000.
Compensatory Damages
These include damage to your property, future and current medical expenses and bills, current and future lost wages, and loss of ability to earn money, as well as pain and suffering.
Wrongful Death
If the drunk driving accident led to the loss of someone’s life, the victim’s closest family members (i.e. spouse, children, stepchildren) can file a wrongful death lawsuit for compensation.
Final Thoughts
It is essential to seek legal representation if you or a loved one have been injured or suffered damages due to the negligence of a drunk driver. An experienced lawyer understands that this is a difficult time for your family. They will provide the resources and legal representation you need to get the compensation you deserve.
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