Getting involved in an accident with a drunk driver can be terrifying and frustrating. A driver put your life at risk by getting behind wheel intoxicated, and now you must deal with the repercussions of that person’s irresponsible decision.
However, you are not alone in this. A drunk driving accident lawyer in Atlanta at S. Burke Law can help you hold the intoxicated driver liable for any injuries or losses you suffered. Give us a call to discuss your case today: 404-842-7838.
How Can I Hold the Drunk Driver Liable for My Injuries?
Proving liability and negligence is vital in every personal injury claim. One thing that helps your drunk driving accident claim is that driving under the influence is inherently an act of negligence.
However, proving a drunk driver was negligent is not always as easy as it should be. In any case, we will need to gather evidence to establish the driver’s negligence led to your accident. The evidence we may gather on your behalf includes:
- Accounts from witnesses at the scene
- Photos of the scene
- Police reports
- 911 recordings
- Law enforcement videos
- Breathalyzer results
- Field sobriety test results
- DUI records
This type of evidence makes your case compelling to insurers as well as judges and juries if we needed to file a lawsuit and take your case to court.
Are Any Other Parties Liable for My Injuries?
The state of Georgia follows a Dram Shop law, which allows injured parties to hold establishments that overserved the driver liable for their injuries. To hold an establishment liable, we must establish the following:
- The establishment served an individual under the age of 21 years old. It also requires knowledge that the individual would be driving shortly after. To prove this, we can look at the bar’s surveillance video to determine whether the bartender carded the driver. If so, we can look at the driver’s ID to determine if it is obviously fake.
- The establishment served an individual who was visibly intoxicated. Proving this can be difficult, but we can work to prove the bartender or server knew or should have known the patron was intoxicated using surveillance video and eyewitness testimony. We will interview anyone who worked that night and determine whether the driver showed any typical signs of drunkenness (e.g., acting belligerently, bloodshot or glassy eyes, lack of balance, slurred words, etc.)
What Is My Drunk Driving Accident Case Worth?
While we cannot tell you exactly what you drunk driving accident case may be worth without looking at your medical records, paystubs, and other related documents, we can tell you what you might be able to expect.
Depending on the circumstances of your case, the team at S. Burke Law will pursue the following damages in your drunk driving accident claim:
- Medical Costs: These costs are often straightforward and include anything associated with your medical recovery. This includes ambulance bills, medication, physical therapy, specialist visits, and more. It also includes future medical costs if you will require ongoing care.
- Loss of Wages: We will seek any lost income on your behalf. This involves time you needed to take off to recover and to attend doctor’s appointments. It can also include times in which your injuries made it too difficult to work a full day.
- Lost Earning Potential: Drunk driving accident injuries are often quite severe and have long-lasting effects. If your injuries required you to take a lesser-paying job, work less hours, or retire completely, you deserve compensation for that loss.
- Vehicle Repair or Replacement Costs: Other than physical injury, this is the most direct and straightforward damage we will collect on your behalf.
- Pain and Suffering: Accident victims are often in a lot of pain and undergo considerable suffering. We will determine the value of your pain and suffering and include it in your injury demand.
- Wrongful Death Costs: If your loved one died in the accident, you can hold the driver and his insurer liable for any costs related to your loved one’s death.
You might also be entitled to punitive damages if the courts determine the defendant showed “willful misconduct.” Courts award these damages to punish a defendant for wrongdoing (such as driving under the influence), rather than to compensate an accident victim for her losses.
Call S. Burke Law Today to Get the Compensation You Deserve
Your future well-being is S. Burke Law’s primary concern. As it should be for any drunk driving accident lawyer in Atlanta. If you are considering hiring representation after an accident, reach out to us now at 404-842-7838 for a free consultation.