Drinking and driving is a crime in every state in the U.S., yet drunk drivers continue to cause accidents, injuring innocent people every day. If you or your loved one has been hurt in this type of accident, contact a Gwinnett County drinking and driving accident attorney from Bross, McAllister & Williams, LLC today. We believe in holding drunk drivers accountable for their actions and pursuing the maximum possible compensation for the people they harm.
Why Choose Bross, McAllister & Williams, LLC?
- We work on a contingency fee basis, with no fees unless we win a settlement or verdict for you.
- Our firm has a proven record of success, recovering millions of dollars for our clients over our years in practice.
- Our Atlanta personal injury attorneys and staff are client-focused, dedicated to providing service for all your needs. We are willing to make home or hospital visits when needed.
What Are the DUI Laws in Georgia?
Georgia has a number of statutes pertaining to DUI car accidents. Under the Georgia Code, Section 40-5-55, drivers give implied consent to chemical testing when they become licensed to drive. Drivers can be charged with driving under the influence of alcohol or drugs in two different ways:
- DUI per se: It is against the law in Georgia for a person to operate a motor vehicle with blood alcohol concentration (BAC) at or greater than the legal limit. For adults ages 21 and older, that limit is .08%. The state has zero tolerance for underage drivers.
- DUI-less-safe (impairment DUI): Under Section 40-6-391, a driver with BAC of less than .08% can still be convicted of DUI in Georgia. This law states that a person shall not drive or be in physical control of a moving vehicle while under the influence of alcohol to the extent that it is less safe to drive.
It is in your best interest to contact an experienced Gwinnett County drinking and driving accident lawyer as soon as you are involved in a DUI incident. Only a lawyer will be able to assess the damages and fight for the best outcome.
What Damages Can You Claim for a Drunk Driving Accident?
Victims of drunk driving accidents in Gwinnett County are entitled to claim punitive damages in addition to economic and non-economic compensatory damages.
- Economic damages are those that can be measured economically, such as medical expenses, lost wages, and out-of-pocket costs.
- Non-economic damages are less tangible and more difficult to measure economically. Examples include pain and suffering, emotional distress, wrongful death, mental anguish, disfigurement, and loss of earning capacity.
- Punitive damages are designed to punish the at-fault driver for particularly egregious wrongdoing and to deter similar actions in the future. To recover punitive damages in a drinking and driving accident case in Georgia, you must prove by clear and convincing evidence that the drunk driver’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise a presumption of conscious indifference to consequences.”
A Gwinnett County car accident lawyer can help you determine what damages you are able to claim for your drunk driving accident.
Who Is Liable in a Drinking and Driving Accident?
If a drunk driver caused your accident, that driver is liable for your injuries. However, depending on the circumstances, there may be other potentially liable parties. Under state dram shop laws, business establishments (restaurants and bars) who knowingly serve alcohol to an intoxicated customer may be held liable for resulting damage. The host of a party or event may also be held responsible, particularly if he or she knowingly provided alcohol to a minor. A Gwinnett County DUI lawyer will be able to determine who is liable for your drunk driving accident damages.
Contact Us Today
If you have been injured by a drunk driver, it is in your best interests to speak with an experienced Georgia personal injury lawyer as soon as possible. Call Bross, McAllister & Williams, LLC right away for strong legal representation in your drinking and driving accident claim in Gwinnett County.