Most people would assume that anyone charged and convicted of DUI would be held legally responsible for a car accident. For the most part, this is true. But that doesn’t mean your car accident lawyer in Atlanta doesn’t need to prove your case. It isn’t enough that the defendant was charged with driving under the influence. It isn’t even enough that they were convicted of the crime. You still have to show two things in order to recover damages.
First, your attorney needs to prove that the defendant was negligent. Second, they need to show that you suffered actual damages. The good news is that the benefit of the doubt tends to fall with the victim in drunk driving accidents. It’s really important that you call an experienced car accident lawyer in Atlanta as soon as possible after your crash.
Drunk Driving Accidents Tend to Be the Most Serious Kinds of Crashes
One of the reasons DUI crashes are so serious is because of the recklessness of the drunk driver’s behavior. When people are drunk or under the influence of drugs, they tend to make poor decisions. They may drive way too fast. Or they may even drive down the road the wrong way. Drunk drivers are more than just negligent. They are downright reckless and inconsiderate.
The other reason these crashes are so dangerous is that it doesn’t matter how carefully you drive. You can obey every traffic law and stop at every stop sign. This means nothing if someone is driving while under the influence. You have no way of knowing this sort of thing is going to happen. Even if you could predict it, that doesn’t change the fact that the impact is likely going to be pretty severe. That’s why it’s so critical that you go to the hospital immediately after your accident no matter what.
Even if you don’t think you’re hurt, you could have internal injuries. If you suffer a traumatic brain injury, for example, it can prove fatal if left untreated. Plus, your car accident lawyer in Atlanta is going to need to have medical records to prove the extent of your injuries.
If the Defendant is convicted of DUI, Will Help Your Case?
One would logically think that, if someone is convicted of DUI, they’d automatically be held liable for any injuries sustained in their DUI crash. However, this isn’t always the case. The fact that the defendant was drunk may have contributed to the accident. This doesn’t mean it caused the accident. For example, consider a drunk driver that is stopped at a stop sign. You are driving a bit too fast and end up smashing into the back of their car. Here, we have a situation where the driver’s being drunk may have nothing to do with the cause of the crash.
The defendant’s lawyer and the insurance company is going to work hard to prove that their client is not at fault. The good news is that your car accident lawyer in Atlanta is going to work even harder to demonstrate that the defendant is legally responsible. Submitting proof that they were convicted of DUI will only strengthen your claim. However, it is not a guarantee that you’ll win your case.
Schedule Your Free Initial Consultation with an Experienced Car Accident Lawyer in Atlanta
If you or your loved one are injured in a drunk driving accident, you need a good lawyer. It’s not enough to assume that the other driver’s insurance company is going to pay. There are insurance policies that may limit liability if the driver is committing a crime at the time of the car crash. Driving under the influence is a crime. However, for the most part, these claims are still covered by insurance. That doesn’t mean that the insurance adjuster will agree to pay right away. They could deny your claim outright. Or, if your claim is large, they may wait in the hopes that they can settle for less down the road.
The good news is that your car accident lawyer in Atlanta knows how to handle these cases. They’ll fight to make sure you get the compensation you deserve. All you have to do to get started is to call and schedule your free, initial consultation.