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Driving while intoxicated is risky, morally repugnant, and frequently fatal. The Georgia Department of Transportation reports that 1,507 individuals lost their lives on Georgian roads in 2019. In addition, the National Highway Traffic Safety Administration reported that 29% of all traffic fatalities in 2018 involved drinking and driving. The issue of drunk driving makes Georgia’s roads riskier for both motorists and passengers.
Please contact a Georgia drunk driving accident attorney at the CEO Lawyer Personal Injury Law firm immediately if you or a member of your family has been injured in a DUI/DWI accident. Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Alcohol Car Crash Statistics
Even though adults and teenagers are often reminded to “never drink and drive,” many do so. As a result, three people are killed every two hours in crashes involving drunk or drugged driving, according to the US Department of Transportation. The alcohol car crash statistics paint a bleak picture, but they cannot do justice to the bereaved families, those who suffer catastrophic injuries, or those who sustain substantial bodily and monetary harm as a result of someone’s decision to drive while intoxicated.
What to Do in Georgia If You Get Hurt in a Drunk Driving Accident
The CEO Lawyer Personal Injury Law Firm works closely with you to ensure you get the money you are due. Insurance providers need to know that you have legal representation ready to go to trial if necessary. While preparing for trial, the CEO Lawyer Personal Injury Law Firm will strive toward a settlement.
Georgia’s Prohibitions Against Drunk Driving
A driver is not allowed to handle a vehicle while under the influence of alcohol. Within three hours of operating a motor vehicle, a person’s blood alcohol level (BAC) cannot be higher than 0.08. In addition, the blood alcohol limit for drivers of commercial vehicles or any other vehicles requiring a CDL cannot be higher than 0.04. For drivers under the age of 21, Georgia also has a zero-tolerance policy, which means a BAC of 0.02 or above will result in a DUI arrest.
Criminal sanctions for drivers who exceed the legal alcohol limit or are under the influence of other drugs vary based on the arrest’s circumstances, any possible injuries or fatalities, and whether the offense is a first or repeat offense. Drunk drivers may incur damages that are both compensatory and punitive. Criminal punishments are frequent and expensive for driving while intoxicated. Criminal punishments, however, are not often sufficient to serve as a deterrent. Between fifty and seventy-five percent of drivers whose licenses are suspended due to a DUI continue to drive, according to Mothers Against Drunk Driving (MADD).
In Georgia, drunk drivers are liable for the injuries and property damage they inflict. Driving while under the influence of alcohol, drugs, or both are considered criminally dangerous behavior. Although intoxicated drivers may potentially be subject to a separate civil court proceeding, criminal sanctions are handled via the criminal court system.
Automobile collisions caused by intoxicated drivers, especially those involving motorcyclists and pedestrians, are more likely to be catastrophic and result in significant injuries and fatalities. For example, in Georgia, motorcycle incidents that resulted in deaths involved one-fourth of drivers with BACs of 0.08 or above.
Compensations Damages
Anyone hurt in an automobile accident has the right to sue the at-fault driver for compensatory damages. According to Georgia law, compensatory damages are meant to compensate for the losses the plaintiff has suffered. Here are some examples of compensatory damages:
· Pain and suffering: The state of Georgia’s courts have developed a number of criteria for establishing what constitutes pain and suffering, including interference with daily activities, a loss of pleasure of life, and health issues.
· Lost wages: Taking time off of work to recover from an injury is common. Serious accidents may also cause a loss or reduction in earning potential in the near future.
· Medical costs: Expenses incurred in the past and in the future for the treatment of injuries resulting from the accident may be reimbursed.
· Handicap or disfigurement: Any disability, scars, or disfigurement that deprives the victim of their body merits compensation.
Punitive Damages
OCGA 51-12-5.1 governs punitive damages in civil actions. Punitive damages have two goals: to punish the defendant for serious misbehavior and to act as a deterrent. Georgia law places a $250,000 cap on punitive damages in the majority of car accident cases. However, punitive damages against an at-fault driver who was under the influence of drugs or alcohol are not subject to a cap under OCGA 51-12-5.1(f).
The victim’s lawyer may use the at-fault motorist’s driving history when punitive damages are mentioned in a civil trial against a drunk driver. The at-fault driver’s driving history is typically not admissible in civil motor vehicle accident trials because it is deemed “character evidence” by Georgia law. The laws are different in cases of intoxicated driving, however. According to Georgian courts, a jury must consider the driver’s history when deciding whether to award punitive damages. If punitive damages are appropriate, the jury must determine whether the negligent driver’s acts were particularly heinous.
Georgia courts have ruled that juries are permitted to take the at-fault driver’s previous incidents of drunk driving into account when determining whether to award punitive damages. Additionally, the injured party’s counsel is permitted to mention current DUIs and past incidents of drunk driving. Courts have reasoned that a driver’s decision to continue driving while intoxicated, even after hurting someone, indicates that he was unaware of the potential repercussions of his actions. 214 and 209 in Langlois v. Wolford, 246 Ga. App (2000). The drunk driver’s deliberate disdain for the risks of drinking and driving is demonstrated by subsequent incidents of drunk driving.
Limitation Period for Drunk Driving Lawsuits
Lawsuits involving drunk driving are governed by the same statute that applies to other personal injury claims. According to OCGA 9-3-33, victims have two years to launch a lawsuit. The statute of limitations, however, is tolled (paused) for up to six years while the intoxicated driver is being prosecuted in court. The two-year statute of limitations does not begin to run until six years have passed or the criminal case has been concluded.
Drinking and Driving Percentages
· Alcohol impairment causes more than a quarter (25%) of all traffic-related fatalities.
· In America, alcohol-impaired driving causes 30 fatal vehicle accidents every day. This equates to one fatality every 50 minutes. (CDC)
· As of the previous year (2020), over 290,000 people were hurt in these crashes annually. (NHTSA)
· In 2011, drunk driving cost the US $132 billion. (Parents Against Drunk Driving)
· In 2018, alcohol-related accidents claimed the lives of 10,511. (NHTSA)
· More than 10,800 people lost their lives due to drunk driving events in 2017. 10,497 people lost their lives in accidents involving drunk drivers in 2016 (NHTSA). These fatalities comprised 28% of all traffic-related deaths in the United States.
· According to the CDC, drunk drivers are seven times more likely to cause a fatal collision than sober drivers. (Responsibility.org)
· Drunk drivers claim the lives of about 10,000 Americans each year; over 1,000 of them are minors. (CDC)
How Many Fatalities Are Caused by Drunk Driving?
According to NHTSA, 10,511 people died in alcohol-related crashes in 2018. But according to the CDC, drunk driving-related car accidents claim the lives of 30 people daily in the US. Therefore, the issue of drunk driving must be taken seriously. Call a friend or use a rideshare if you feel unfit to drive after a night of drinking rather than attempting to do so yourself. Driving while intoxicated is not worth the risk to your safety or the life of your loved ones.
Georgia Drunk Driving Accident Attorney
For counsel in your personal injury case and a free case examination, get in touch with Ali Awad and his team of experienced car accident attorneys. All of our drunk driving accident lawsuits are handled on a contingency basis, meaning no fees are incurred until your case is settled or won. We provide free case reviews. Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of drunk driving accident attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.