Can I still file a claim if the driver was under the influence of drugs or alcohol in Georgia?

In the aftermath of a car accident, emotions run high, and the legal landscape can be daunting. One question that often arises is, “Can I still file a claim if the driver was under the influence of drugs or alcohol in Georgia?” At The Gunnels Law Firm LLC, we understand the complexities surrounding such cases, and in this blog post, we aim to shed light on the legal aspects of pursuing a claim in Georgia when faced with a situation involving an impaired driver.

Understanding DUI Laws in Georgia

Georgia, like many other states, has stringent laws regarding driving under the influence (DUI). If you find yourself involved in an accident with a driver under the influence of drugs or alcohol, it’s essential to know that their impairment may significantly impact your ability to seek compensation for damages.Can I still file a claim if the driver was under the influence of drugs or alcohol in Georgia

Our state has a legal blood alcohol concentration (BAC) limit of 0.08%. If a driver exceeds this limit, they are considered legally impaired. However, it’s crucial to note that impairment can also result from drug use, including prescription medication or illegal substances. Regardless of the substance involved, impaired driving is a serious offense and can have severe consequences.

The Impact of DUI on Personal Injury Claims

When filing a personal injury claim in Georgia, the fact that the other driver was under the influence can work in your favor. The impaired driver’s actions may be considered negligent, making it easier to establish liability in your case. Our experienced team at The Gunnels Law Firm LLC can help you navigate the legal intricacies associated with DUI-related accidents.

Comparative Negligence in Georgia

Georgia follows a modified comparative negligence system, meaning that if you are partially at fault for the accident, your compensation may be reduced accordingly. However, if it is determined that you are 50% or more at fault, you may be barred from recovering damages.

In cases involving an impaired driver, the responsibility is often clear-cut. Georgia law recognizes the severity of DUI offenses, and the impaired driver is likely to be considered primarily at fault. This can be advantageous when seeking compensation for medical bills, property damage, lost wages, and pain and suffering.

Pursuing Compensation: Steps to Take After an Accident

Seek Medical Attention

The first and foremost priority after an accident is to seek medical attention. Your health is of utmost importance, and documenting your injuries promptly is crucial for your claim.

Contact Law Enforcement

If you suspect the other driver is under the influence, contact the police immediately. Law enforcement will conduct a thorough investigation, including field sobriety tests and breathalyzer tests.

Gather Evidence

Take pictures of the accident scene, obtain contact information from witnesses, and collect any available evidence, such as the impaired driver’s behavior and statements.

Exchange Information

Exchange insurance and contact information with the impaired driver. It’s essential to gather as much information as possible to strengthen your case.

Consult with The Gunnels Law Firm LLC

Once you have sought medical attention and reported the incident to the police, reach out to us at The Gunnels Law Firm LLC. Our team of experienced attorneys can guide you through the legal process and help you build a strong case.

Legal Options for Victims

As a victim of an accident involving an impaired driver, you have several legal options to pursue compensation. These may include:

Filing an Insurance Claim

Start by filing a claim with the at-fault driver’s insurance company. If successful, this can cover your medical expenses, property damage, and other related costs.

Personal Injury Lawsuit

If the insurance settlement is insufficient or denied, you may pursue a personal injury lawsuit against the impaired driver. Our team can assess the strength of your case and guide you through the litigation process.

Dram Shop Liability

In some cases, a third party, such as a bar or restaurant, may share liability for the accident if they served alcohol to the impaired driver. Georgia’s dram shop laws allow victims to seek compensation from these establishments.

Punitive Damages

Given the egregious nature of DUI offenses, Georgia law allows for the possibility of punitive damages. These are intended to punish the at-fault party and deter similar behavior in the future.

Dealing with the aftermath of a car accident involving an impaired driver can be overwhelming, but you don’t have to navigate the legal complexities alone. At The Gunnels Law Firm LLC, we are committed to advocating for victims’ rights and helping them obtain the compensation they deserve.

If you or a loved one has been involved in a DUI-related accident in Georgia, contact us today for a personalized consultation. Our experienced team will work tirelessly to build a strong case on your behalf, ensuring that you receive the justice and compensation you need to move forward after a traumatic incident. Remember, you are not alone—we are here to help you every step of the way.