If you or a loved one was involved in an accident with a drunk driver and are looking to hold this motorist financially liable for your injuries, there may be a few avenues you can take to successfully do this. You can hold the individual that decided to drive drunk liable; they knew they were putting innocent lives at risk when they got behind the wheel.
To learn more about recovering compensation after engaging in a drunk driving accident, read on for some helpful information. You could retain a drunk driving lawyer after your Peachtree Corners accident.
How You Can Hold an Intoxicated Driver Liable
Georgia has set very strict laws that govern drunk driving. If a motorist is caught operating their vehicle while impaired, they can be charged with DUI and held liable for any accidents they cause. In most cases, if an individual aged 21 or older is caught with a blood-alcohol content level (BAC) of 0.08 or higher, they can be charged with DUI.
However, the Georgia Governor’s Office of Highway Safety states that if an officer witnesses signs of impairment, the driver could still receive a drunk driving charge, even if their BAC level is lower than 0.08.
The BAC levels for those who operate a commercial motor vehicle or are under the age of 21 are lower. For instance, it is illegal for commercial drivers to operate their vehicles with a BAC level of 0.04 or higher, and the level decreases to 0.02 for those under the age of 21.
After an Individual Has Been Charged With DUI
If the driver who hit you was drunk and charged with DUI, this will help you prove they were liable for the crash. When you can prove liability, it may allow you to recover compensation from the driver’s insurance carrier—or even the driver themselves, depending on whether they are underinsured or uninsured.
If the driver was carrying adequate insurance coverage, you might be entitled to recover compensation for medical expenses and property damage. You are limited to what the policy offers, though. If the driver doesn’t have enough insurance coverage, meaning their limits are lower than what your damages have amounted to, then you could speak with your drunk driving accident lawyer regarding filing a personal injury lawsuit after your Peachtree Corners crash.
How Much Your Drunk Driving Accident Case Worth
Your case’s value will depend on several different things, such as whether you have a valid case and if you can prove liability. These two factors will heavily influence whether your case is worth anything. Did you suffer injuries? How serious were they? Are you unable to work as a result of the accident? The answers to these questions will also play a large role in determining what your case is worth.
At our firm, we understand that your health and wellness are your number one priority, but we also know that recovering compensation may be a big concern for you. This can be especially true if you are accruing medical bills and cannot work. If you’re looking to find out if you have a viable case and how much it could be worth, our firm is ready to provide you with the answers to some of your most pressing questions.
Types of Damages You Might be Entitled to Recover
While insurance coverage will only provide what the at-fault driver’s policy covers and up to their limits, a personal injury lawsuit may allow you to recover additional types of damages such as:
- Pain and suffering
- Loss of enjoyment of life
- Lost wages
- Mental anguish
- Medical bills
Generally, if the driver’s insurance limits aren’t enough to cover your hospital bills and related losses, you may be able to seek additional compensation for past and future costs by filing a lawsuit.
There is a Time Limit to Take Legal Action Against a Drunk Driver in Georgia
Georgia has set a deadline for filing a personal injury lawsuit. While the time frame may vary on a case-by-case basis, OCGA §9-3-33 generally allows you to take legal action within two years from the date of your accident.
Two years might seem like enough time. However, if your accident was months ago and you are finally at a point where you are physically well enough to start your case, your statute of limitations clock has already begun ticking. You should pay attention to what the statute of limitations is for your particular type of case. This is because when it expires, you may no longer have the grounds to sue.
The last thing we want is for a drunk driving accident victim to lose their right to compensation simply because they were unaware of this deadline. If you aren’t sure how much time you have left to file a civil action against the drunk driver who hit you, your lawyer can determine this for you.
Why Choose Bader Scott Injury Lawyers to Help You?
We fight for fair outcomes. Our lawyers understand how serious drunk driving accidents can be and how they can completely overturn a person’s life. At our firm, we want to help you understand your legal rights and how you can properly exercise them. Our Peachtree Corners can help you hold the liable party in your drunk driving accident accountable for their negligence or reckless behavior.
If you would like to receive a free case evaluation to determine if your case is valid, what it is worth, and what you need to do to recover the compensation you are entitled to, contact Bader Scott Injury Lawyers at (404) 888-8888.