Aggressive anti-drunk driving campaigns show the devastating impact of driving while under the influence of drugs and alcohol. Unfortunately, some people still decide to get behind the wheel when drunk, leading to catastrophic consequences for the victims. Georgia’s drunk driving statistics show that in a recent five-year span, more than 45,000 DUI-related collisions occurred on Georgia roadways, leaving innocent people severely injured or worse.
At Spiva Law Group, our experienced car accident attorneys aggressively work to hold drunk drivers accountable for their reckless actions and pursue maximum compensation for injured victims. Since 1984, our Savannah accident attorneys have successfully recovered significant verdicts and settlements for our clients, securing financial compensation to help them rebuild their lives.
If you have been the victim of a drunk driving collision, contact our Savannah office today and set up a free consultation to learn more about your rights.
How Does Savannah Define Driving Under the Influence?
In Georgia, driving under the influence is defined as any motorist who physically controls a motor vehicle while under the influence of drugs or alcohol or with an elevated blood alcohol concentration (BAC). An individual can also face DUI charges with any drugs in their system. The law also provides that a driver with an elevated BAC is presumed to be under the influence and can face conviction without proof of impairment.
Technically, an elevated BAC is a blood alcohol concentration of 0.08 percent or higher for most motorists. An elevated BAC is 0.04 percent for commercial drivers. It is only 0.02 percent for drivers under 21.
Will the Drunk Driver in an Accident Always Be Assumed to Be at Fault?
Many assume the drunk driver is the one who caused an accident when it occurs. However, driving drunk does not automatically make someone at fault for a crash. For example, a drunk driver who was stopped at a red light when they were hit from behind by a sober driver likely would not be at fault for the crash. To recover compensation in a drunk driving accident claim, an accident victim must still prove that the impaired driver made a mistake that led to the accident.
As in other car accident claims, drunk driving cases can be challenging when more than one party may be at fault for the crash. Georgia has a Dram Shop law that allows specific businesses or individuals to be held accountable in a personal injury claim for accidents caused by an intoxicated person. These laws encourage businesses like restaurants, bars, and companies or party hosts to serve alcohol responsibly. Our Savannah car accident lawyers can help you determine whether a violation of these laws was a factor in your motor vehicle accident.
What Types of Injuries Can Be a Result of a Drunk Driving Accident?
Drugs and alcohol impair everything from judgment to vision and coordination. Often, impaired drivers can’t avoid a collision or use driving tactics to mitigate the damage of a crash, leading to potentially catastrophic injuries. Some of the most common serious injuries that occur as a result of drunk driving accidents include the following:
- Traumatic brain injury
- Paralysis
- Head, neck, and spine injuries
- Amputations
- Burns
- Broken bones
- Dental injuries
- Organ damage
- Internal bleeding
- Soft tissue damage
- Abrasions
- Contusions
- Lacerations.
Drunk driving accidents can lead to significant injuries and medical complications that alter a person’s quality of life. Many crashes also cause deaths, leaving families traumatized.
What Should I Do If I Suspect the Other Driver Is Drunk?
If you believe the at-fault driver was impaired by drugs or alcohol, you should take steps to protect yourself from further danger. Drunk drivers can be unpredictable. Although standard advice after an accident is to exchange information with the other driver, it may be best to contact law enforcement and follow its advice rather than attempt to interact with a potentially dangerous drunk driver.
At the accident scene, you should gather as much information as possible about the other vehicle, such as its make, model, and license plate. Sometimes, an impaired driver will flee the scene in an attempt to avoid potential drunk driving charges.
Other steps you can take if you suspect the other driver is drunk include the following:
- Contact a Savannah car accident attorney.
- Avoid posting on social media platforms.
- Keep a record of your medical expenses, repair receipts, and other accident-related expenses.
- Follow your doctor’s treatment plan.
If the driver attempts to leave the scene or cause a disturbance, do not confront or follow them. Provide as many details as possible to the emergency dispatcher about the vehicle, the location of the accident, and the direction the drunk driver was going.
How Do You Prove the Other Driver Was Drunk at the Time of the Wreck?
The best way to establish that the other driver was drunk at the time of the wreck is to get help from a car accident lawyer. Experienced attorneys know how to collect and analyze evidence like police reports, which may document the driver’s BAC and behavior. Additional evidence that may help support a claim that the driver was drunk at the time may also include:
- Breathalyzer or blood testing results
- Field sobriety test results
- Witness statements
- Photographs and videos from the scene
- Surveillance video
- Videos or witness statements showing an establishment overserving the driver.
An experienced personal injury lawyer at Spiva Law Group can collect and preserve vital evidence for you before it is lost or destroyed, improving your chances of recovering fair compensation.
Does Savannah Have Penalties for Driving Under the Influence?
Georgia law has stiff criminal penalties for driving under the influence, including fines, imprisonment, community service, and suspension of an individual’s driver’s license.
What Sort of Damages Could a Drunk Driver Be Responsible For?
The value of a drunk driving accident case depends on several factors. Generally, accident victims can seek compensation for the following:
- Medical expenses, including past medical bills and future medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Emotional distress
- Pain and suffering.
You may also be entitled to punitive damages, which punish at-fault parties for egregious or reckless behavior, such as driving drunk.
Is There a Time Limit in Georgia for Filing a Drunk Driver Car Accident Case?
Georgia law gives DUI accident victims two years from the date the drunk driver hits and injures them to file a personal injury lawsuit. If you file a case after the legal deadline, you could lose leverage with insurance companies and the ability to seek full and fair compensation in court.
Contact a Savannah Drunk Driving Accident Attorney
At Spiva Law Group, we strive to provide the three things you need most after an accident involving a drunk driver — service, strength, and results. We will prioritize your needs and focus on recovering maximum compensation for your injuries, giving you the time you need to heal. Contact our office today for a free consultation with a compassionate Savannah drunk-driving accident lawyer about your case.
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