Drunk Driving Accident Lawyer in Lawrenceville
When you’re driving down the beautiful roads of Lawrenceville, Georgia, the last thing you might anticipate is a car accident with a drunk driver. Nevertheless, impaired people often make poor and reckless decisions, including driving drunk.
A drunk driving accident can result in severe injury and trauma that change your life forever. If an impaired driver chooses to get behind the wheel, they can be found liable for gross negligence as they’ve violated the universal duty of care required by their driver’s license.
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When you file an insurance claim for the pain and suffering you’ve endured, insurance giants may be reluctant to pay you the compensation you deserve. These companies could lowball or deny your claim, and throw out a lot of red tape to cut through. Where can you turn for help?
You should be able to focus on your recovery and not deal with the additional stress of unexpected, expensive bills. You don’t have to walk the path to justice alone.
A drunk driving accident lawyer in Lawrenceville with The Scott Pryor Law Group can offer compassion, legal knowledge, and vast legal resources, and help you to navigate the complexities of your case.
CONTACT THE SCOTT PRYOR LAW GROUP FOR A FREE CONSULTATION
- Drunk Driving Accidents in Georgia
- Georgia Laws that could impact your case
- What to expect in your drunk driving accident claim
- Compensation in a Lawrenceville Drunk Driving Accident
- How the Scott Pryor Law Group can help
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Drunk Driving Accidents in Georgia
Although drunk driving accidents in Georgia often result in significant injury or fatalities, the state’s strict laws against drunk drivers help to make Georgia’s roads safer than many other states.
Nevertheless, you can’t control the reckless decisions of other drivers, and may still experience the trauma of a drunk driving accident. Here’s some important information about drunk drivers in Georgia and the U.S.:
- In Georgia, from 2021-2022, drunk driving accidents that resulted in fatalities significantly increased.
- Drivers under the age of 21 can be charged with a DUI if their blood alcohol content (BAC) is over 0.02%.
- Adult drivers with a BAC of 0.08% or higher will be charged with a DUI.
- In 2022, drunk drivers caused 28% of all collision fatalities in Georgia.
- In the U.S., drunk drivers are 1.9 times more likely than unimpaired drivers to be speeding when involved in an accident.
- Georgia’s drunk driving accident rate is lower than 90% of all other U.S. states.
- 10% of drivers charged with DUIs have prior DUI convictions.
- In the U.S. drunk drivers involved in fatal accidents typically fall within two demographics — 21 to 24-year-old drivers and 25 to 34-year-old drivers.
Georgia Laws that could impact your case
If you’ve been involved in a drunk driving accident in Lawrenceville, and plan on suing the drunk driver, it’s important to understand the laws that could impact your case. The impaired driver who caused your accident may face criminal charges along with any civil complaint you file against them.
Georgia has stringent laws in place to deter intoxicated people from getting behind the wheel and endangering others. However, criminal charges will need to be resolved before your civil case can proceed.
Along with impaired driving laws in the state, Georgia’s comparative fault laws and statute of limitations could influence the progress of your legal claim. A drunk driving accident lawyer in Lawrenceville can advise you on how state laws may help or hinder your case.
Impaired Driving Laws in Georgia
The drunk driver involved in your accident might face criminal charges based on the Georgia Impaired Driving Laws. Although you may file an insurance claim before any criminal cases proceed against named defendants in your case, your lawsuit might be put on hold until these cases are resolved.
However, a drunk driving accident lawyer in Lawrenceville might be able to use the defendant’s criminal charges and convictions to strengthen your case and to persuade the insurance company to pay you just compensation.
Drunk drivers convicted of a DUI in Georgia could face the following consequences:
- First-time offenders: Suspended driver’s license for up to a year. $300-$1,000 fine. Mandatory minimum of 40 hours of community service. License reinstatement fees. Up to one year of jail time.
- Second-time offenders (within five years of first offense): 3 years suspended driver’s license. $600-$1,000 fine. Mandatory month of community service. Mandatory clinician evaluation and possible rehab program. License reinstatement fees. Mandatory jail time (between 48 hours–1 year).
- Third-time offenders (within five years of a second offense): 5 years suspended license. $1,000–$5,000 fine. Habitual violator status. Mandatory clinician evaluation. Seizure of vehicle registration/license plate. Mandatory substance abuse program enrollment at the expense of the offender. Photo and address published in the local paper at the expense of the offender. Mandatory minimum of 15 days in jail.
Comparative Fault Law
In Georgia, comparative fault (also known as modified comparative negligence) can impact your compensation. This means that if you’re found to hold any liability in your drunk driving accident, your claim could be adversely impacted.
Insurance companies employ teams of experienced lawyers who will conduct an exhaustive search to find evidence of comparative fault in your case. A drunk driving accident lawyer in Lawrenceville can advise you on how to proceed if you hold partial fault for your collision.
Comparative fault mandates the following:
- If you bear 50% or more of the responsibility for your accident, you no longer have a valid legal case for compensation.
- If you are at fault for 0%-50% of your accident, your compensation will decrease to reflect your percentage of liability.
For example, if you run a red light and a drunk driver hits you, you may be found partially liable for your accident.
Statute of Limitations
According to Georgia statute of limitations § 9-3-33, all personal injury claims must be filed within two years from the date of an accident. This allows you time to build your case and to wait until a drunk driver has been sentenced for a DUI. If your claim includes loss of consortium (companionship and intimacy), this statute is increased to four years from the date of your accident.
However, if you let the time limitations elapse before pursuing a legal claim, you no longer have a valid legal avenue to compensation.
What to expect in your drunk driving accident claim
Although the unique circumstances of your case may require additional steps throughout the claims process, here’s what you can generally expect:
- File an insurance claim with your insurance company. Your insurer will contact the drunk driver’s insurance company and begin the claims process. You’ll be assigned a case number and a claims agent to refer to throughout the process.
- Consult a drunk driving accident lawyer in Lawrenceville. A lawyer can help you to determine how to proceed with your claim and act as your representation in all insurance negotiations.
- If the drunk driver’s insurer seems reluctant to pay or offers you low compensation, your lawyer from The Scott Pryor Law Group may advise you to file a lawsuit.
- The Scott Pryor Law Group will collect evidence from the scene of your accident including photo and video documentation and your police report, your medical bills, evidence of lost wages, and will conduct a thorough investigation into your collision and the drunk driver who hit you.
- Your lawyer may record witness statements and obtain forensic experts to testify for you.
- The defendant (s) in your case has 30 days to respond to your complaint.
- Once a response has been filed, your case will enter the discovery process. Your drunk driving accident lawyer and the defense counsel will share all evidence that could be presented in court, including depositions, documents, evidence, recorded statements, and eyewitness and forensic expert testimony.
- The Scott Pryor Law Group will represent you in all negotiations and will advocate for your just compensation. We will never agree to a settlement offer without your consent.
- Although most drunk driving accident claims and other personal injury cases are settled before they go to trial, if we cannot agree to settlement terms, we’ll fight tirelessly on your behalf in front of a judge and jury. We won’t rest until the strongest case has been presented.
- Both you and the defendant (s) in your case will have the opportunity to file an appeal. If no one chooses to file an appeal or all appeals have been exhausted, the verdict in your case will stand. If your case has a successful outcome, you will receive the determined compensation.
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Compensation in a Lawrenceville Drunk Driving Accident
A drunk driving accident lawyer in Lawrenceville with The Scott Pryor Law Group can help you to calculate the compensatory amount you should seek and present that amount to the insurance companies.
Compensation in a personal injury case (including drunk driving accidents) falls into categories known as damages. Each category of damages represents the different types of losses you’ve suffered as a result of your collision, and helps you to itemize your claim.
The different types of damages, which include economic, non-economic, and punitive, recognize both the monetary and immeasurable losses you’ve experienced.
Economic Damages
Economic damages (also called special damages) signify the losses you’ve incurred with a set monetary value. For example, bills that you’ve received as a direct or indirect result of your accident are considered economic damages.
Economic damages that you might claim after a drunk driver hits you might include:
- Assisted Living Costs
- Lost Wages (unpaid time off of work, including bonuses and tips)
- Medical Expenses (all present and future medical appointments, hospital stays, prescriptions, surgeries, and treatments)
- Transportation Costs (public transportation, rental cars, and rideshare services)
- Vehicle Repair or Replacement Costs
Non-Economic Damages
Non-economic damages (also called general damages) signify the immeasurable losses you’ve endured as a result of your drunk driving accident. These losses may not have a set monetary value, but still have a significant impact on your life.
No financial compensation can heal these losses, but they might alleviate your financial burdens and allow you to focus on the recovery process.
Non-economic damages claimed in a drunk driving accident include:
- Blindness
- Catastrophic Injury
- Chronic Pain
- Disfigurement
- Emotional Distress
- Loss of Consortium (loss of companionship and intimacy)
- Pain and Suffering
- Post Traumatic Stress Disorder (PTSD)
- Traumatic Brain Injury (TBI)
- Wrongful Death
Punitive Damages
Your drunk driving accident lawyer in Lawrenceville might advise you to seek punitive damages in your claim as the driver who caused your accident could be proven to have exhibited gross negligence. Although punitive damages are rare, they’re often included in drunk driving cases.
Typically, punitive damages are additional to a compensatory award and determined by a judge and/or jury as punishment to a grossly negligent defendant.
For example, if a drunk driver with two previous DUI convictions and a suspended license hits you while driving at excessive speeds, even if you don’t seek punitive damages, a jury may decide that they are warranted. In Georgia, punitive damages are also referred to as vindictive damages.
Georgia state code § 51-12-5.1 awards 25% of punitive damages compensation to the plaintiff in a drunk driving accident case and 75% is automatically allocated to the Georgia state treasury.
How the Scott Pryor Law Group can help
A traumatic drunk driving accident in Lawrenceville could leave you with severe physical, emotional, and mental injuries that change your life forever. Unexpected costs can overwhelm you, and the road to recovery may be long.
You should be able to focus on healing, and shouldn’t have to battle insurance companies who try to avoid paying you the compensation you deserve. Walking the path to justice is complex and it can prove difficult to achieve a successful outcome without legal support.
A drunk driving accident lawyer in Lawrenceville from The Scott Pryor Law Group can help. Your story matters and we’re dedicated to fighting for your justice. We’ll consistently communicate with you through every step of the legal process, and compassionately stand beside you.
You don’t have to walk this path alone.
The Scott Pryor Law Group is dedicated to fighting for the underdog against insurance giants that refuse to pay just compensation, and will work tirelessly to achieve the best outcome in your case.
Although a successful outcome is never guaranteed, we’ve helped many clients recover multimillion-dollar settlements and work on a contingency basis — this means we don’t get paid unless we win your case. You won’t have to worry about exorbitant legal fees throughout the process of your claim.
Schedule your free consultation with The Scott Pryor Law Group today.
A catastrophic injury lawyer in Peachtree Corners from The Scott Pryor Law Group cares about your personal, unique experience, and understands the life-changing impact of your injuries. We’ll advocate for your voice and your pain and suffering to be heard.
At The Scott Pryor Law Group, every client matters and we won’t stop fighting until your case results in the best possible outcome. We stand ready to fight for just compensation for the underdog in the battle against giant insurance companies that care more about numbers than about lives.
We’ll help guide you through the legal process and stand beside you every step of the way. Your first step on the road to justice is a free consultation away.
A successful verdict is never a guarantee, but we’ve recovered 7-figure settlements for many clients — including $14 million in a product liability case.
Schedule your free consultation today.