Getting struck by a drunk driver is a nightmare for everyone involved. The drunk driver might not feel the impact as severely as the victim, as the inhibition helps keep them relaxed and unfocused during the collision, but the sober party will reactively brace themselves, exposing their bodies to injuries that otherwise could have been avoided.
As much as you can be cautious while driving, you cannot control what others are doing around you. Impaired driving — or driving under the influence — is an act of negligence; the driver negligently got into the car and drove, knowing they were under the influence.
They are liable for any injuries to others in the event of an accident.
Finding you or your loved ones injured by someone’s negligent behavior is unacceptable. Reach out to us for a case review and initial consultation. Give us a call at (404) 777-8800 or submit our online form to get started.
Atlanta Impaired Driver Attorneys Are Here to Help
Atlanta is one of the busiest cities in the world, where the fatal accident rate has become a major public health concern. Georgia had 402 fatal car accidents in 2020 involving an impaired driver, which accounted for 24% of all fatal car accidents in the state.
An impaired driver lawyer can help build your case, review evidence and reports, and act as your representative during negotiations with insurance companies and any other parties involved. With help from an attorney, you will find any communications and negotiations handled for you.
A car accident is a frightening and potentially painful experience for anyone involved. If you find yourself hurt because of an impaired driver, reach out to an Atlanta personal injury attorney right away; they know Georgia law and how it works to help you receive compensation for your injuries.
What Is an Impaired Driver?
An impaired driver has a blood alcohol content level of 0.08% or more. Every day, around 37 people die in the United States from a collision with an impaired driver.
The Georgia Department of Transportation (GDOT) showed that, in 2021, 24% of fatal crashes in Georgia involved an impaired driver. The number of fatal crashes has been increasing each year, with 2021 having the highest so far.[1]
To check the blood alcohol levels of suspected impaired drivers, police will test them at the scene. Law enforcement across Atlanta works to get drunk drivers off the streets and to prevent others from making the same mistake.
In Georgia, drunk drivers will have their license suspended on their first offense with very limited driving privileges. If their blood content alcohol levels are 0.15% or more, they will face more severe consequences and penalties.[2]
What to Do if You Were Hurt by a Drunk Driver?
The first step after being hit by an impaired driver is to contact your local emergency services. If there are any visible injuries to you or any other parties involved, make sure to request an ambulance.
By calling 911, you are making sure that the police create a police report detailing what occurred and the cause of the accident. Police will also test the suspected drunk driver for sobriety.
The second step is when the medical team arrives, make sure that they check for any injuries. Not all injuries will be apparent at the scene of the accident, like Whiplash or headaches, as your body will likely be on an adrenaline rush.
Third, it is best to exchange insurance information, driver’s license numbers, and contact information. This would be a good time to take pictures of the damage to your car and the condition of the other vehicle.
Make sure that you receive a copy of the police report before the authorities leave the scene.
The fourth step is to make a report to your insurance company stating only the facts and not admitting any fault. Insurance claims and reports should be filed as soon as possible, as many have clauses to limit the window where you can submit a compensation claim.
Lastly, call an attorney and schedule a consultation before you do anything else. With an attorney’s help, you can file a personal injury claim against the impaired driver who caused the accident.
Injuries Caused by Impaired Driver Accidents
The injuries caused by impaired driving car accidents can be serious and, in the worst case, deadly. The most common injuries victims experience include:
- Traumatic brain injuries (TBIs).
- Spinal cord injuries.
- Back injuries.
- Neck injuries.
- Organ damage and internal bleeding.
- Burns and scars.
Recovering from injuries can take a long time; many find it to be a while before they can resume some sense of normalcy. Additionally, car accidents of this caliber can come with life-altering injuries that can take a mental toll on victims.
Victims of impaired driving accidents may see episodes of depression, anxiety, and even PTSD, especially when life-altering injuries cause paralysis, amputations, and permanent disabilities.
Traumatic Brain Injuries (TBIs)
A traumatic brain injury is caused when the victim receives a massive blow to the head.[3]
TBIs are impossible to self-diagnose and must receive immediate medical attention for treatment. Victims can develop both physical and cognitive symptoms, at times, after the accident happened.
Neck Injuries
The most common neck injury from any car-related accident is called whiplash. This kind of injury occurs when the body is jolted suddenly forward by a strong force (the impact of the other car), and the victim is pulled back just as quickly into their chair.[4]
Victims can feel pain when:
- Pain while remaining in a particular position for an extensive period, like turning the head and holding or even keeping their heads up while driving.
- Headaches and migraines.
- Limited mobility, especially at certain angles and directions.
- Experience muscle tightness or spasms in the neck and surrounding areas.
Whiplash can take weeks, if not months, to heal from, and in most cases, victims must seek some kind of physical therapy sessions, medication, or medical treatment to kickstart their road to recovery. Some victims suffer from prolonged whiplash symptoms and complications.
Organ Damage and Internal Bleeding
Shards of metal, plastic, or a sharp foreign object can move quickly during an accident and cause life-threatening injuries. If a person is pierced near any organs or arteries, they can run life-threatening medical injuries that should be treated immediately.
Damage to one’s organs can happen from the sudden movements the body makes during the collision. These can cause internal bleeding and are life-threatening and will need surgery to correct.
Spinal Cord Injuries
Damage to the spine can be a life-altering injury. The spinal cord is home to many nerves, discs, and connective tissues.
An injury to the spinal cord can cause paralysis, numbness and tingling, headaches, pain in the neck and back, immobility, weakness, and incontinence. The recovery process for this injury can be extensive and takes many months, if not years, to fully recover.
In some cases, the injury can even be permanent.
Burns and Scars
Collisions at high speeds can break windows, metal, and plastic. At the right angle, the passengers of the car may be exposed to fire and hot oils that can leak into the passenger cabin, causing serious burns that can leave visible scarring.
These injuries can present complications as they are often associated with other, more complicated injuries, like fractures, that require surgery to stabilize.[5]
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Statute of Limitations for Personal Injury
The statute of limitations in Georgia allows for claims to be filed in the court system no more than two years after an accident or discovery of the injury. While there are a few exceptions to this rule, choosing to work with an Atlanta car accident attorney as soon as possible is best to optimize the time allowed by state law.
Insurance Companies Might Not Want to Pay
The impaired driver’s insurance company may not be as forthcoming as one would like when handling any payouts to claims. For one reason or another, they may attempt to offer the lowest possible settlement amount that does not justify the state of your injuries.
When you work with an attorney, they will build your case, review all relevant evidence, and provide legal support to any amounts in your claim. Although no law says one should work with an attorney, it is always recommended as their knowledge and expertise can increase the satisfaction of any payout amounts.
Hire An Atlanta Impaired Driver Law Firm Today
Being a victim of an impaired driver car accident can lead to serious injuries that take months — sometimes even years, to recover fully. Negligent parties and insurance companies might be reluctant to pay for your claim, but when you work with the right legal team, you can bet they will do whatever is possible to reach a satisfying settlement.
Let a legal team with years of combined experience work for you to resolve your claim. At the CEO Lawyer Personal Injury Law Firm, our team is ready to review your case.
Give us a call today to learn how we can help you. You may reach us at (404) 777-8800 or by completing our online form to schedule your free consultation.
[1] http://www.gahighwaysafety.org/wp-content/uploads/2023/08/2021-Risky-Driving-Georgia-Traffic-Safety-Facts-updated.pdf
[2] https://www.ghsa.org/state-laws/issues/Alcohol%20Impaired%20Driving?state=Georgia
[3] https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
[4] https://www.mayoclinic.org/diseases-conditions/whiplash/symptoms-causes/syc-20378921
[5] https://pubmed.ncbi.nlm.nih.gov/3981672/