Our Atlanta DUI Accident Attorney Team Fights for You
It is an incredible kind of grief you’re suffering if you’re reading this page as a victim of a DUI accident. We understand the weight of losing a loved one to a drunk driver, or grappling with the consequences of a stranger’s reckless decision that has led to a life-altering injury.
The impact of a DUI accident lingers for years. It shows up in the family that is struggling to pay the bills. It appears when someone is missing from a special occasion. It appears when you need to remodel your home to accompany your wheelchair. In these circumstances - and the countless more that may be representative of your current situation - you have legal options.
Our job at Mabra Law is to explain the legal process to you, ensure you understand your rights as a victim of a DUI accident, and then evaluate the facts to determine if we have a case to pursue. We have represented many Atlanta DUI victims and we can do the same for you. It is free to call and speak with an Atlanta DUI accident attorney, and we recommend you do so to empower yourself with knowledge of your legal rights.
Understanding Atlanta DUI Laws
If you are coping with the effects of a DUI accident, it is important to understand how the law applies to your current situation. Not only can drivers who cause accidents while driving under the influence face criminal penalties, but they can be held civilly liable for victims’ losses as well.
When you hire an Atlanta DUI accident attorney to represent you, your attorney will file a civil claim on your behalf. While evidence that leads to a criminal conviction can be useful in your civil case as well (including evidence of the driver’s blood alcohol concentration (BAC)), a criminal conviction is not necessary to assert your legal rights. This is due to the different “burdens of proof” in civil and criminal cases. Although prosecutors must prove the driver’s guilt “beyond a reasonable doubt” to secure a conviction, to assert your legal rights, you only need to prove that it is more likely than not that the drunk driver was responsible for your (or your loved one’s) crash.
Keep this in mind as you read the following about Georgia’s DUI laws:
Blood Alcohol Concentration (BAC) Limits in Atlanta
The current legal BAC limit in Georgia is 0.08 percent for adult drivers (persons ages 21 and over) who are not operating a commercial motor vehicle. This is consistent with the standard BAC limit in most of the country. If the person responsible for your car accident received a DUI ticket, their BAC was most likely above the legal limit, making them too impaired to safely operate a vehicle. This means their negligence led to your (or your loved one’s) accident, which is one of the grounds to file a personal injury lawsuit.
While having a BAC of 0.08 percent or above is clearly dangerous, having any amount of alcohol in a person’s system can potentially make it dangerous for them to drive. This is why Georgia has a “zero tolerance” policy for drivers who are under 21. If an underage driver causes an accident with any amount of alcohol in his or her system, this is a violation of Georgia law, and it can provide grounds to seek just compensation as well.
For drivers of commercial vehicles, Georgia’s BAC limit is 0.04 percent. Like Georgia’s standard BAC limit and its “zero tolerance” policy for underage drivers, this law is also intended to help protect public safety—and thus it also provides grounds to seek just compensation. Accidents involving tractor-trailers and other large commercial vehicles can be extremely dangerous, and this makes it especially important that commercial drivers are not impaired behind the wheel.
While a drunk driver’s BAC can serve as key evidence in a DUI accident case, your Atlanta DUI accident attorney doesn’t necessarily need the other driver’s BAC to prove your legal rights. While Georgia’s DUI laws make it illegal to drive with a BAC over the legal limit, they also provide that:
“A person shall not drive or be in actual physical control of any moving vehicle while . . . [u]nder the influence of alcohol to the extent that it is less safe for the person to drive.”
It can be “less safe for [a] person to drive” after drinking alcohol even if his or her BAC is not over the legal limit. Thus, even if the drunk driver refused to take the breathalyzer, your Atlanta DUI accident attorney may still be able to clearly establish your right to just compensation. Various other forms of evidence may be available, and any one of these forms of evidence could be enough to prove that the driver who hit you (or your loved one) was too impaired to drive.
Penalties for DUI in Atlanta
As we discussed above, a DUI conviction is not necessary to establish your legal rights after a serious or fatal drunk driving accident in Atlanta. However, many drivers who cause DUI accidents will get convicted; and, when they do, they can face steep penalties.
Under Georgia law, DUI convictions can lead to fines, jail time, loss of driving privileges, probation and other serious consequences. Drunk drivers’ insurance rates will also skyrocket; and, in some cases, this will prevent them from driving in the future. While none of these consequences can change the past, they can help deter drunk drivers from making the same costly mistakes in the future.
Driving high: Marijuana DUI in Georgia
While most DUI accidents involve drunk drivers, high drivers are growing concern on Atlanta’s roads. Even though Georgia hasn’t legalized recreational marijuana use, it is clear that such use is prevalent.
Regardless of any medicinal qualities that marijuana may have, marijuana also has impairing effects. As a result, even states that have legalized recreational marijuana still take a “zero tolerance” approach to driving while high. Georgia continues to take this same “zero tolerance” approach as well, and marijuana DUIs provide accident victims and their families with the same legal rights as DUIs involving alcohol consumption.
Seeking Compensation for DUI Accidents
Regardless of whether the driver who hit you or your loved one was drunk or high, you are entitled to financial compensation for all of the financial and non-financial costs you have incurred—and, crucially, that you will incur—as a result of the accident. Recovering this compensation starts with hiring an experienced Atlanta DUI accident attorney who can take appropriate legal action on your behalf.
Types of Damages Available in DUI Accident Cases
When you hire an experienced Atlanta DUI accident attorney to represent you, your lawyer will carefully make two critical calculations: (i) how much you are entitled to recover for the financial costs of the accident (both present and future); and, (ii) how much you deserve to collect for the non-financial consequences of the collision. This is because Georgia law entitles DUI accident victims and their families to recover all of the following:
- Medical expenses – Accident victims can recover the full cost of their medical care, while grieving families can recover their loved ones’ medical costs prior to death.
- Lost wages and income – When DUI accidents lead to lost wages and income, these are losses that victims and their families are entitled to recover as well.
- Property damage – Whether a DUI accident results in the need for vehicle repairs or vehicle replacement, all of the relevant costs should be covered.
- Pain and suffering – Pain and suffering are common non-financial losses for which DUI accident victims and their families can—and should—seek just compensation.
- Emotional distress – Emotional distress is another type of non-financial loss that is fully compensable under Georgia law.
- Loss of consortium – When DUI accidents prevent spouses and partners from engaging in sexual relations, their claims can—and should—include claims for loss of consortium.
- Punitive damages – DUI accidents can also justify claims for punitive damages. These damages are awarded in addition to those that are intended to compensate victims and family members for their losses.
Factors Considered When Determining Fault in DUI Accidents
Even if there is no question that you are entitled to financial compensation for a DUI accident, you will still need evidence to recover the financial compensation you and your family deserve. Fortunately, there will often be multiple forms of evidence available, and you can rely on your Atlanta DUI accident attorney to collect the evidence you need.
In a typical case, some (or all) of the following types of evidence will be available to prove the victim’s or family’s legal rights:
- Blood alcohol concentration (BAC) level – As discussed above, a BAC that is over Georgia’s legal limit constitutes clear evidence of negligence.
- Field sobriety test results – If the drunk driver took the field sobriety tests during his or her arrest, the results of these tests can be used as evidence as well.
- Police reports and statements from officers – The police report and the arresting officer’s testimony can also play a key role in clearly establishing your (or your family’s) legal rights.
- Eyewitness testimony – If anyone witnessed the accident, your lawyer may be able to take their testimony either before or during trial.
- Accident scene evidence – Skid marks, vehicle debris, damaged sign posts or trees, and various other forms of evidence may be available at the scene of the accident.
- DUI history of the driver – If this isn’t the other driver’s first DUI arrest, his or her DUI history could also serve as evidence in your case.
- Other drug use history of the driver – Likewise, if your case involves a marijuana DUI, the driver’s history of drug use could serve as key evidence as well.
How an Atlanta DUI Accident Attorney Can Help Maximize Your Compensation
When you have a DUI accident claim in Georgia, you only get one chance to seek the financial compensation you deserve. As a result, it is critical to ensure that you are seeking the maximum compensation available. Here are just some of the ways an experienced Atlanta DUI accident attorney at Mabra Law can help to maximize your compensation:
- Assessing the full extent of your damages – In most cases, DUI accident victims’ and families’ damages are far greater than they realize. Your attorney will make sure you understand the full amount you are entitled to recover.
- Investigating the DUI driver's liability – As discussed above, asserting your legal rights after a DUI accident requires evidence of liability. Your attorney will collect this evidence on your behalf.
- Gathering and preserving evidence – After gathering the evidence needed to prove your legal rights, your attorney will preserve it so that it remains admissible in court. This is essential in case your attorney needs to take your case to trial.
- Negotiating with insurance companies – While DUI accident cases occasionally go to trial, most successful cases result in insurance settlements. Your attorney will negotiate with the insurance companies on your behalf.
- Pursuing punitive damages where applicable – If your case warrants a claim for punitive damages, your attorney will also seek these damages when negotiating with the insurance companies.
- Representing you in court, if necessary – While our attorneys will work hard to help you win an out-of-court settlement, we will also be fully prepared to fight for your legal rights in court if necessary.
Choosing the Right Atlanta DUI Accident Attorney
When you need to seek damages for a DUI accident in Georgia, your choice of legal representation matters. Hiring the right attorney can truly be the difference between recovering the full compensation you deserve and recovering nothing at all.
Considerations When Selecting an Attorney
With this in mind, what factors should you take into account when choosing an Atlanta DUI accident attorney to represent you? The following are all key considerations:
- Experience in handling DUI accident cases
- Track record of success in obtaining favorable outcomes
- Knowledge of DUI laws and regulations in Georgia
- Communication skills and ability to explain legal concepts clearly
- Availability and responsiveness to client inquiries
- Reputation and client reviews
- Fee structure and payment arrangements
- Willingness to go to trial if necessary
The Benefits of a Specialized DUI Accident Attorney
Along with the considerations listed above, it is also important to look for an attorney who specializes in handling DUI accident cases. These cases are unique in many respects, and it is critical to choose an attorney who has the experience and insights needed to seek the compensation you deserve. A specialized DUI accident attorney will:
1. Be Familiar with the Local Court Procedures and Judges
If you need to take your DUI accident case to court, it will be imperative that your attorney is familiar with the local court procedures and judges. An attorney who regularly handles DUI cases in Atlanta will have the familiarity required to handle your case effectively.
2. Have Access to Expert Witnesses and Resources to Strengthen Your Case
An attorney who specializes in handling DUI accident cases will also have close working relationships with experts who can assist with proving liability and calculating the long-term costs of your (or your loved one’s) accident. A specialized DUI accident attorney will also have resources that are specifically effective for pursuing drunk driving and marijuana DUI accident cases.
3. Be Able to Provide Support and Guidance Throughout the Legal Process
An attorney who regularly represents DUI accident victims and their families will also understand the support and guidance you need throughout the legal process, and will be able to provide this guidance proactively. This can be essential for managing your stress and ensuring that you feel confident and informed every step of the way.
What to Expect During Your Initial Consultation with an Atlanta DUI Accident Attorney
Let’s say you choose to work with an Atlanta DUI accident attorney at Mabra Law. What can you expect from your initial consultation? During your first meeting with an attorney at Mabra Law, your attorney will cover all of the following:
- Case review
- Legal advice
- Assessment of liability
- Discussion of potential damages
- Explanation of legal process
- Evaluation of strengths and challenges
- Fee structure explanation
- Question and answer session
- Discussion of next steps
- Potential follow-up arrangements
At the end of your initial consultation, you should feel empowered to make informed decisions about your next steps. With that said, if you have any follow-up questions after your initial consultation, you should not hesitate to get in touch. We are truly here to help, and we are more than happy to provide any information you need in order to feel like you are making smart choices for yourself and your family.
Atlanta DUI Accident FAQs
What do I do if a loved one has been killed by a drunk driver?
If you have lost a loved one in a drunk driving accident in Atlanta, you need to take care of yourself and your family. You are dealing with an unimaginable situation, and the reality is that you are facing a long and difficult road ahead. We know it can be difficult, but we also strongly recommend that you speak with an attorney about your family’s legal rights—and that you do so sooner rather than later.
If a driver who caused an accident is under the influence of drugs instead of alcohol, does this affect the types of damages I can receive?
No, all DUI accidents are the same when it comes to victims’ and families’ right to compensation. Whether the impaired driver was under the influence of alcohol or drugs, you and your family are entitled to full compensation for your present and future losses.
Can I sue the other driver if they were on prescription medications?
Yes, driving under the influence of prescription medications is also negligent under Georgia law. This means that you can—and should—hire an Atlanta DUI accident attorney to help you assert your legal rights.
What if I was partially at fault for the accident?
Even if you were partially at fault in a DUI accident, you may still be entitled to partial compensation under Georgia law. At this stage, however, we encourage you not to make any assumptions, and instead to ensure that you are making informed decisions based on the advice of an experienced attorney.
Resources and Support for DUI Accident Victims
Local Support Groups for DUI Accident Victims and Their Families
We praise your decision to seek support from professionals. If you need help, we encourage you to contact us for some local recommendations, or consider doing your own research via these avenues:
- Contacting local hospitals or medical centers for recommendations;
- Reaching out to local law enforcement agencies or victim advocacy organizations;
- Checking with community centers or churches that often host support groups;
- Searching online directories such as Psychology Today or SAMHSA's Behavioral Health Treatment Services Locator; and,
- Utilizing social media platforms or community forums to seek recommendations from others in similar situations.
Government Agencies and Organizations That Provide Assistance
Several government agencies and non-profit organizations provide assistance to DUI accident victims and their families as well. Here are some that are worth your consideration:
- National Highway Traffic Safety Administration (NHTSA)
- Centers for Disease Control and Prevention (CDC)
- Mothers Against Drunk Driving (MADD)
- Department of Health and Human Services (DHHS)
The Role of Therapists and Counselors in the Recovery Process
Whether you are coping with life-altering injuries or a loved one’s untimely and needless death, it is important to take care of your mental health. You are dealing with an extremely difficult situation—one that is far more difficult than anything most people will experience in their lifetime. Professional care is available, and our attorneys can include the cost of this care in your claim for financial compensation.
If you aren’t sure where to go for help, you are not alone. We can assist you with obtaining the care you need, and we will do everything we possibly can to alleviate your stress while you focus on your recovery. The key is taking the first step. To get started, schedule a free consultation today.
Let Us Help: Speak with an Atlanta DUI Accident Attorney Today
If you need help after a DUI accident in Atlanta, we invite you to contact us for a free, no-obligation consultation at Mabra Law. To speak with an experienced Atlanta DUI accident attorney in confidence, call 404-344-5255 or tell us how we can reach you online today.