Drinking and driving is never a good idea. It is also against the law in Georgia, if the driver’s blood alcohol content (BAC) exceeds 0.8%. The main reason for this law is that driving under the influence of alcohol is one of the main causes of accidents. If you were injured in a DUI-related car accident, consult with an experienced Atlanta car accident lawyer at The Weinstein Firm.
Let us explain what you need to do in order to maximize your chances of getting the fair compensation you deserve from a drunk driver. But first, we will show how serious the drunk driving problem is in our state.
Georgia Drunk Driving Accident Statistics
The most recent statistical data available indicate an increase by 14% in drunk driving accidents in 2022 compared to the previous year. However, compared to ten years ago (the year 2012), DUI-related accidents have increased by 32.5% – a truly worrying trend.
What is more worrisome is that the largest proportion of drunk driving accidents resulting in fatalities (59.6%) were caused by drivers with a very high BAC level – 0.15% or more.
A total of 391 people lost their lives in 2022 in traffic accidents caused by DUI drivers in Georgia.
How to Pursue Compensation after a DUI-Related Accident in Atlanta
Since driving under the influence is a violation of traffic laws, you may believe that it is sufficient to state it and win your car accident claim. Unfortunately, that is not true. Even in the face of blatant negligence by their client, insurance companies will still fight tooth and nail to protect their profits.
You must do everything by the book in order to prove your case. Remember, in a car accident claim, you have the burden of proof in showing that:
- The other driver owed you a duty of care
- They breached their duty through negligence and caused the accident
- You suffered injuries in the accident
- The injuries resulted in economic damages
Here are the most important things you should do:
1. Report the Accident to the Police
When you consult with an Atlanta car accident lawyer, one of the first things they will ask to see is the crash report issued by the police officers who investigated the crash. This is a vital piece of evidence in any accident claim. It is also a legal obligation to report any traffic accident resulting in bodily injury and/or property damage exceeding $500.
Once they arrive at the accident scene, police officers will usually administer Breathalyzer tests to all the drivers involved in the crash. You will obtain a supplementary piece of evidence in your favor – proof that the other driver was under the influence of alcohol.
2. Do Not Engage in Negotiations with the Driver
A driver caught with a BAC level above the limit knows that they are facing stiff penalties, including jail time. They will often try to cut their losses by persuading you to refrain from filing an accident claim. They will offer you a sum of money on the spot and even promise to give you more money later.
At first, this prospect may appear appealing – no paperwork, no hassle. However, you will only get a fraction of the true value of your damages. Let us be realistic: the average driver could not have more than a couple of thousands of dollars in cash available. This amount would not even cover the initial medical assistance and the diagnostic tests.
Never accept a private arrangement with the driver.
3. Go to the Nearest Hospital for Medical Care
One of the most common mistakes that hurt people’s chances of getting fair compensation is delaying medical care. This gives insurance adjusters the perfect excuse to deny the claim: you cannot prove that you were injured in the crash if you waited a few days before seeing a doctor. You could have been injured in many other ways later.
4. Consult with a Skilled Atlanta Car Accident Lawyer
Finally, do not delay seeking legal assistance after a DUI-related car accident. Chances are that the other driver’s insurance company will send an adjuster to your hospital room to try and obtain a quick settlement for a lowball amount of money.
Apart from giving a brief description of the accident, do not discuss anything with the adjuster. Let them know that your Atlanta car accident lawyer will be in touch with them soon to file your letter of demand.
At The Weinstein Firm we know how to win the maximum compensation you deserve. We represent you on a contingency fee basis – no fees until we win your case. Also, as a new client, you benefit from a free case review, so call us at 770-HELP-NOW!