Norcross Drunk Driving Car Accident Lawyer
Drunk drivers do not just put themselves at risk when they get behind the wheel. They risk the lives of their passengers, other motorists, and pedestrians. A seasoned car wreck attorney could help you hold a drunk driver accountable for their reckless actions if they caused you to suffer injuries in an accident. A Norcross drunk driving car accident lawyer could help pursue fair compensation and explain the complexities of DUI cases.
What are the Drunk Driving Laws in Norcross?
Alcohol can significantly impact a driver’s attention, motor skills, reaction time, and judgment. These effects make an intoxicated driver far more likely to cause a motor vehicle crash.
Under state law, it is prohibited to operate a motor vehicle with an elevated blood alcohol concentration (BAC). As an individual’s BAC increases, the more inhibited that this person may become from the alcohol.
The legal limit for a driver depends on several factors. Most adults may not operate a motor vehicle with a BAC of .08 percent or higher. However, motorists operating commercial vehicles must stay below .04 percent. The limit is even lower for minors, as anyone under the age of 21 may not drive with a BAC of .02 or more.
It is important to note that if a defendant is found guilty of a DUI in criminal court, this does not directly impact a civil proceeding. A drunk driving accident lawyer in Norcross could use a DUI conviction as evidence in a claimant’s civil trial.
Drunk Driving as an Example of Negligence
Driving while drunk or high is among the most irresponsible things that a person can do while behind the wheel. Not only does this place the drivers themselves at a great risk of harm, but is threatens the wellbeing of all other people on the road.
Even though drunk driving is an illegal criminal offense, it is unfair to say that these drivers intend to cause harm to anyone who suffers an injury. As a result, plaintiffs need to prove that a defendant’s negligence caused their losses. A Norcross drunk driving car accident attorney could provide more information about the concept of negligence and why intoxicated driving certainly qualifies under this concept.
How Does a Drunk Driving Arrest Impact a Claim for Damages?
If a police officer arrests a drunk driver at the scene of an accident, this can be beneficial to a claim for damages. This is because of the legal concepts called res judicata and negligence per se. Res judicata means that a court will not answer the same question twice. As applied to drunk driving cases, the question is whether or not the defendant was driving while intoxicated. If the answer in a criminal case is “yes”, then a civil court will presume this to be true. As a result, a defendant cannot then argue in a civil case that they were not driving while drunk.
This is when the concept of negligence per se comes into effect. Here, civil courts hearing claims for negligence can presume a defendant to be at-fault for an accident if that defendant was in violation of a law at the time of the incident. Evidence of a conviction in criminal court for drunk driving can therefore be potent and irrefutable evidence of liability in a civil claim for damages. A Norcross intoxicated driving car accident attorney could help to leverage a criminal conviction into a civil claim for compensation.
Depending on a claimant’s losses and injuries, the damages they may be entitled to could be significant. A Norcross DUI accident attorney could review an injured party’s case and evaluate what their case may be worth. Some examples of the damages that a claimant may obtain include:
Due to the potential severity of a drunk driving accident, medical bills can be a major component in this type of civil lawsuit. A claimant may seek compensation for any medical expenses they incur from the injuries they sustained in an accident. This may include medications, physical therapy, hospital stays, and future medical costs.
If an impaired driver collides with another motorist, their vehicle may sustain significant damage. In these situations, a plaintiff may seek damages for the cost of repairing or replacing their vehicle.
In many car wreck cases, the injuries that someone sustains are severe enough that they may be unable to return to work immediately. When this occurs, a plaintiff may request compensation for any lost income while they were in recovery. A dedicated lawyer could help an injured victim recover the damages they deserve.
The Statute of Limitations Controls When a Claim for Damages is Appropriate
No matter how severe a person’s injuries may be after a collision, there is a limited time to demand payment in court. The Official Code of Georgia §9-3-33 is the State’s law concerning this time limit. It states that injured parties must have a case in court no more than two years from the date of injury.
However, exceptions to this rule do exist. Especially in cases where evidence may hinge on a criminal conviction, such as in drunk driving allegations, a civil court may grant an extension to the statute of limitations so that the criminal court can conclude its case. A Norcross drunken driving car accident attorney could help to ensure that a claim meets the relevant statutes of limitation.
Reach Out to a Norcross Drunk Driving Car Accident Attorney
Despite the documented risks of driving under the influence, alcohol-related accidents are still a common occurrence. If you have sustained injuries in an accident caused by an impaired motorist, contact a Norcross drunk driving car accident lawyer immediately.
We provide every claimant with continuous communication to ensure that all of your questions and concerns are addressed immediately. To learn what the attorneys at our firm could do for your case, call today.