Drunk driving accidents typically occur on the weekends or early in the mornings when individuals are traveling home from parties or other social events. These individuals either fall asleep at the wheel or become intoxicated to the point that they cannot properly operate their vehicles.
A common Douglasville DUI accident scenario involves a drunk driver traveling through a stop sign or red traffic signal; they proceed through the intersection at a high rate of speed and T-bone a car that was going through the intersection and had the right of way. A Douglasville drunk driving accident lawyer could help you through the claims process if you were in a collision with an intoxicated motorist. Additionally, a skilled attorney could become your legal advocate during this difficult time.
A car wreck case caused by a drunk driver is different from other motor vehicle accident claims because DUI accidents often occur at higher speeds and result in greater injuries. This is because drunk drivers are typically unaware of traffic control devices and the speed at which they are traveling. Once it is determined that an at-fault driver was driving while under the influence of drugs or alcohol, their culpability under the law is much more severe. For instance, an injured party may be eligible to receive punitive damages in addition to their compensatory award for their losses.
Plaintiffs in drunk driving accidents commonly seek general compensatory and lost income damages with help from a Douglasville lawyer. An injured party also may be eligible to seek punitive damages, which are in excess of other types of compensation. These damages are assessed to discourage individuals from drinking and driving and to enforce public policy against such behavior. An accident injury case that does not involve a drunk driver may be worth approximately $25,000; however, if the at-fault motorist in the same situation was drunk at the time of the wreck, the plaintiff may recover three to ten times that amount in punitive damages.
If the injured party is also determined to have been driving under the influence, they may be unable to collect any kind of recovery. It is an unfortunate situation, but the law is clear: if the court determines that a person was also driving drunk, they contributed to and are responsible for their injuries.
In Douglasville, if an individual injured by a drunk driver is found to be more than 50 percent responsible for an accident, they may not be able to recover damages. In such circumstances, their attorney must develop and build their position even more strongly to secure the possibility that they may recover some damages.
A claimant should be heavily involved in the legal process after a Douglasville drunk driving car accident. Their lawyer may need them to not only provide the details of the accident but also attend all of their medical appointments, which helps the attorney build a case and aggressively advocate for the injured party. These types of cases require regular communication between the injured party, their lawyer, their medical providers, and law enforcement to monitor the proceedings and ensure that the impaired driver is prosecuted properly.
The injured driver does not have to press charges against the drunk driver. The charges are typically made on behalf of the injured driver by the city of Douglasville, the state of Georgia, or the county. The injured party may be expected to appear as a witness for the state or city in those proceedings, however, and their lawyer could prepare them accordingly while representing them and their injuries.
DUI cases are not typically handed separately from injury cases. The injured party’s attorney can handle the injury case and develop the facts to support the punitive damage claim for the DUI.
Accidents caused by a drunk driver can be some of the most severe and could lead some of the most substantial injuries. As a result, these reckless individuals should be held accountable for their egregious actions. If you have been seriously injured by an intoxicated motorist, you should speak with a Douglasville drunk driving accident attorney as soon as possible. For help with your case, call today.