Atlanta Personal Injury Lawyers Blog

One woman was killed in a single car accident on I-75 in Macon. Five others were injured and one was missing from the accident. Apparently, no one had on seatbelts and the police are trying to identify the driver. Car accidents involving alcohol have dangerous consequences for more than just the people involved in the crash. For example, the Georgia Dram Shop Act holds bar owners (or anyone else serving alcohol) liable if they continue to serve someone who is obviously impaired.

Fortunately, over the past twenty years there has been a decline in the number of impaired drivers on the road. In 2007, there was a decline of 71% in the percentage of alcohol-impaired drivers on the road on weekends which is good news for us. Car and truck accidents involving impaired drivers require special attention from the investigation to the criminal prosecution to any civil action filed on behalf of the victims.

A car accident involving alcohol requires special attention particularly because of the liability of those who served the alcohol. This is especially important if a person is injured by a motorist with minimal insurance. If other parties are liable, particularly bars and restautants, there will be additional insurance available to assist the victims of the drunk driver. If you or a loved one are ever involved in an accident with a drunk driver, make sure you speak with an informed and experienced attorney to know what your rights are.

Today kicks off the national "Over the limit, Under Arrest" crackdown on drunk driving during the holidays, which runs from December 16 to January 3. Releasing new data on drunk driving fatalities, Transportation Secretary Ray LaHood commented, "Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season. According to the new data, the rate of Georgia motor vehicle accident fatalities related to impaired driving has continued to decrease since 2004.

Driving with a blood alcohol level of .08 or higher is illegal in all 50 states. Georgia uses traffic enforcement networks throughout the state to build the enforcement community into one team. This method has been effective and we continue to see declining death rates due to drunk driving car accidents.

However, the interesting issue in Georgia law is that the DUI laws are based on blood alcohol level not on impairment. Historically, DUI arrests were related to impairment due to alcohol or drugs. Over the past twenty years or so, the political impact of organizations such as MADD has changed the law such that an individual is violating DUI law by having a drink and driving whether he/she is impaired or not. Therefore, to avoid a DUI arrest in Georgia, the days of having a glass of wine with dinner and driving home are over.

Interestingly, this skewed DUI law has broadened the liability of business establishments who serve alcohol to patrons who then drive "drunk" (impaired or not) and are involved in an accident. At that point, the Georgia Dram shop laws come into play and the business may be held liable for the injuries suffered by the victims of the car accident.

Our firm has successfully represented victims of drunk driving accidents and recovered against bars under the Dram Shop Act. If you or a loved one are a victim of a drunk driver, we would be happy to answer any questions you may have.

On Saturday, a drunk driver headed north in the southbound lanes of I-20 near Savannah colliding with a minivan. The driver died in the Georgia car accident as did three adults in the van; thankfully, three children survived the crash. We read about these kinds of drunk driving accidents everyday in the Atlanta area and, although we don't know the particular facts of this horrible car accident, you may wonder if there is any liability on the person who served the driver alcohol. Georgia law in this area is covered by what is known as the Dram Shop Act.

The aim of this liquor liability law is to prevent businesses from serving anyone who is visibly intoxicated and decrease the number of drunk driving accidents on our Georgia highways. This law is tailored to address businesses who sell, furnish, or serve alcohol to someone who is in a state of noticeable intoxication and that they know will soon be driving a motor vehicle. The Dram Shop Act also covers serving alcohol to minors. In other words, adults who knowingly furnish alcohol to minors are liable for injuries caused by the minor due to intoxication.

Almost 50% of drunk drivers start their impaired driving journey from a licensed liquor establishment. Researchers with the National Highway Traffic Safety Administration have found there is a direct correlation between alcohol serving practices and the over consumption of alcohol which can lead to car accidents.

Our Atlanta personal injury law firm has successfully sued bars for negligence under the Dram Shop Act when the bar failed to quit serving someone who later drove drunk causing serious injury to our clients. This is one type of negligence that should always be considered when dealing with a drunk driving accident.

Read more:

Laws Prohibiting Alcohol Sales To Intoxicated Persons

National Highway Traffic Safety Administration