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Drunk driving accidents often result in severe injuries. The drunk driver may fall asleep at the wheel, or they might not pay attention to their driving as they usually would.
Additionally, alcohol slows the reflexes and reaction time of motorists. When you combine these factors, the result is often an accident in which one of the drivers made little or no effort to avoid the collision or was not very successful if they did try to avoid it.
Sadly, the other parties involved in the crash may suffer severe consequences as a result of the drunk driver’s negligent actions.
Medical bills, lost income, severe and sometimes chronic pain, emotional or mental anguish, and property damage can all wreak havoc on your life. But the drunk driver and their insurance company may be full of excuses why they shouldn’t have to pay for these damages—even to the extent of blaming you in some situations.
An experienced lawyer will fight to help you recover your damages after a drunk driving accident.
In many cases, the insurance company may attempt to undervalue your claim if they can’t find a reason to deny paying it entirely. We can help protect your right to compensation, and we’ll also assess your damages to be sure everything is covered.
Here are some of the damages you may be entitled to if a drunk driver injures you:
People are often puzzled when they ask this question, and with good reason. The answer is that it’s in the insurance company’s best interest to at least try to blame you.
Here’s why: Georgia uses modified comparative negligence in personal injury cases, which means that a negligent party doesn’t have to be 100 percent at fault in an accident or injury. In fact, there are many situations where one driver might be, for example, 90 percent at fault for an accident while the other driver is 10 percent responsible.
When this happens, the party with less than 50 percent of the blame can still collect damages from the other driver, but they will lose their own percentage of fault. In any car accident, it benefits the insurance company to claim the other driver was at least partially at fault.
Even if they can’t make the case that you were mostly to blame, they can still reduce the damages they have to pay you by saying you had some responsibility.
It’s also true that sober people can cause accidents, too (although your risk of a crash is much higher with alcohol consumption, even when your BAC is still below the legal limit). From the insurance company’s perspective, you could have made an error in your driving that contributed to the crash.
If you don’t have a lawyer, your insurance company and the drunk driver’s insurance company will negotiate over who pays for what. Your insurance company adjuster won’t want to pay for damages any more than the drunk driver’s insurance company does, so they will likely argue that you weren’t at fault.
However, they may be willing to accept that you had some amount of responsibility below 50 percent because they still won’t have to pay anything. You, however, will have lost some of your settlement—and you may not even know it if you don’t have the assistance of an attorney.
This is not uncommon. Generally, when the police respond to a significant accident that causes injuries, they will perform a blood alcohol test (BAC) on both drivers.
If one of the drivers has a BAC of 0.08 or higher, the officers will usually place that person under arrest for driving under the influence and possibly other charges related to the accident. The police can also arrest someone with a BAC lower than .08 in some situations.
Everyone who is arrested has a right to a criminal defense attorney, and that person will look for the best way to defend their client. In some cases, this means attacking the evidence.
For example, the drunk driver’s lawyer might argue that the officers didn’t maintain their equipment properly or didn’t handle evidence like blood samples according to protocol, so the results can’t be trusted. This argument isn’t always successful—the defense attorney will need to present some documentation that the evidence was mishandled.
In a few cases, the evidence may not be strong enough for a conviction, and the drunk driver could face no repercussions in criminal court.
These situations can be frustrating, but even if the drunk driving charges are dropped or the driver is acquitted, you can still file a claim on their insurance. Drunk or not, they are responsible for causing an accident, and by extension, their insurance company is responsible for paying your claim.
It is not necessary to prove the driver was drunk, only that they caused the crash.
Your lawyer will carefully collect evidence to show that the other driver was responsible and that you contributed little or nothing to the collision. This may include interviewing witnesses, seeking photo or video evidence, examining vehicle event data records or EDRs, and more.
We’ll also negotiate with the insurance company on your behalf, and we’ll fight to get you a fair settlement.
Yes. It may seem counterintuitive, but if the insurance company makes you an offer quickly and doesn’t try to blame you for the accident, you should be very careful.
This is frequently a sign that the insurance adjuster knows your case is strong and wants to minimize their exposure. In many cases, the insurance company’s initial offer is a lowball one that doesn’t begin to cover all the damages we discussed earlier.
The adjuster may undervalue some of your damages or ignore others completely—for example, only offering to pay for your current medical bills while overlooking your lost income, future medical costs, or pain and suffering.
Your drunk driving lawyer will discuss all potential damages and help you determine a reasonable settlement amount so you can tell if the first offer is appropriate. If not, we’ll negotiate with the insurance carrier on your behalf so you can concentrate on your recovery.
It should not cost you anything to learn about your options in a drunk driving car accident case. Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation.
We’ll review the details of your collision, answer your questions, and explain the possibilities. We work on a contingency basis, so if we take your case, you won’t pay anything upfront.
After we win or settle the case, we’ll take an agreed-upon fee from the final settlement.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm just a few short years ago and has turned it into one of the fastest-growing law firms in the country. He and his hardworking team have more than twenty years of combined experience and have helped clients recover millions of dollars in compensation.
When he’s not working on a case, you can find Mr. Awad on social media, delivering entertaining yet educational posts about legal topics. Call the CEO Lawyer today at 833-254-2923.
Tell Us More About Your Injury Below So That We Can Get You The Most Money
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.