Atlanta Personal Injury Lawyers Blog

For the second time in less than two months a wrong way driver was involved in fatal accident on I-85 . Both accidents occurred between Shallowford Road and Chamblee Tucker Road. If you are familiar with the area you know that some of the ramps in the area can be confusing, especially when alcohol is involved. Apparently, the wrong-way driver was also DUI and as he travelled north in the southbound lane he struck another car killing the driver.

Not only will the wrong-way driver face criminal charges he will also probably face a personal injury lawsuit for wrongful death. Most car owners look to their insurance policy to cover them in the event of a car accident, but most owners don't have enough liability insurance to cover a fatal accident. When you cause the death of another person, you are liable for the "full value" of their life which includes future earnings and the enjoyment of life plus pain and suffering.

How is the value determined? The courts will look at the age and life expectancy of the person in addition to their earning capability. For example, a college student working on his masters will have a higher earning capability than someone with only a high school degree who works as a landscaper.

There are many issues involved in wrongful death actions. If you have any burning questions related to wrongful death that you would like answered, post a comment on our website.

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.

The National Highway Safety Traffic Administration has compiled a statistical analysis of alcohol-related driving accidents between 1982-2005. Over the twenty year period, the number of alcohol-related car accidents has declined from 53% to 33% in car accidents involving at least one impaired driver. Holidays show the highest percentage of accidents due to drunk driving while weekdays have the lowest percentage of these types of accidents.

The report found that certain laws tended to deter alcohol-related driving. I am sure you know most of these. Georgia lowered its legal blood alcohol limit to .08 as did many other states. Laws were enacted to permit the suspension of driver's licenses for those who refuse a breath test. The minimum drinking age was raised in the 1980's by Ronald Reagan when he tied the law to federal funding of state highways. Additionally, it became illegal for anyone under the age of 21 to have a blood alcohol level of over .02. Alcohol education has worked as shown by the continued reduction in alcohol -related accidents.

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.

Last week, a Douglas County jury awarded almost one million dollars to a man who was injured in a car accident in April 2008. The former high school cross-country runner suffered a fractured leg and arm leaving him with a permanent limp and other injuries in a horrific car wreck. A car approaching from the opposite direction on a two lane road crossed the center line and hit him head-on. Although the other driver was not charged with DUI there were allegations that he had been drinking.

The only issue before the jury was the amount of damages because the driver conceded liability. An experienced trial attorney can really make a difference for his client in the presentation of damages. Often the damages are the final phase of a trial and are not always completely addressed. Because Georgia law provides for general and special damages, sometimes referred to as noneconomic and economic damages, it is especially important to be prepared with strong numbers to present to the jury.

General damages are those that arise from the car accident such as pain and suffering or, in this case, the permanent limp. The special damages have to be proven; they usually include medical expenses and lost wage and are proved with medical bills and W-2 tax forms. In this case, the attorney was able to not only prove economic damages of medical expenses and lost wages, but general or compensatory damages for the permanent injuries.

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