Peachtree Corners Drunk Driving Accident Lawyer

In Peachtree Corners, Georgia, a drunk driving accident can occur at any time. An irresponsible driver could get behind the wheel and change your life in an instant. In the aftermath, your car could be totaled and you might suffer significant injuries that disrupt your life. 

A drunk person who gets behind the wheel of a vehicle exhibits gross negligence and violates the standard duty of care every person with a driver’s license is required to follow. If they’re covered by insurance, you expect their insurer to financially cover the damage you’ve incurred. 

Nevertheless, insurance giants are notorious for lowballing settlement offers or even outright denying claims. 

You may be left reeling from the trauma and feel like the insurance companies want to make you jump through hoops to receive compensation and offer little to no help. Where can you turn to find justice?

You don’t have to stand alone on the road to justice. A Peachtree Corners drunk driving accident lawyer with The Scott Pryor Law Group can walk beside you, guide you through the legal process, and fight for the compensation you deserve.

• How gross negligence can impact your case
  • The difference between negligence and gross negligence
  • How a lawyer proves gross negligence 
• Georgia Drunk Driving Laws 
  • Impaired Driving Laws in Georgia
  • Statute of Limitations
  • Comparative Fault Law
  • Statistics on drunk driving you should know
• What to expect during your drunk driving accident claim
• Compensatory damages in a Peachtree Corners drunk driving accident
  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages
• Contact The Scott Pryor Law Group  

How gross negligence can impact your case

Legally, gross negligence is a willful violation of other people’s safety rights. Gross negligence is often included as an aspect of personal injury cases as proving it may increase the liability of an offender.

A drunk driver who causes an accident in Peachtree Corners and fails to pass field sobriety and blood tests is almost always grossly negligent. For example, if a drunk driver who crashes into your car is found to have a BAC (Blood Alcohol Content) of .16, this is twice the legal limit in Georgia and they violated the law as soon as they turned on their vehicle.

The difference between negligence and gross negligence

Although negligence is always a part of proving liability, proving gross negligence indicates that a drunk driver intentionally violated the law when they chose to drive after consuming alcohol or drugs. In a drunk driving accident, gross negligence indicates a complete and blatant disregard for the safety of other people on the road.

How a lawyer proves gross negligence 

A drunk driving accident lawyer in Peachtree Corners will establish strong proof of gross negligence in your personal injury case by proving the driver who caused your accident is responsible for the following: 

1. Duty of Care: Every driver on the road is required to follow a standard duty of care to avoid causing harm to other people on the road. A lawyer from The Scott Pryor Law Group will establish this duty of care and a willful violation on the part of the drunk driver.
2. Breach of Duty: Your Peachtree Corners drunk driving accident lawyer will then show that the defendant deliberately breached this duty of care through reckless or malicious behavior.
3. Causation: Causation is the establishment of the fact that a drunk driver’s breach of duty of care directly led to the accident that caused your injuries. 
4. Damages: Establishing the different types of damages you’ve incurred, such as pain and suffering and medical expenses, as the direct result of the defendant’s intentional actions is the last step to prove gross negligence. 

Georgia Drunk Driving Laws 

Along with your legal claim, the drunk driver who caused your accident may face criminal charges. Georgia takes drunk driving very seriously, and the defendant in your case may have to receive sentencing or resolution of those charges before your case can proceed. 

The following state laws could impact your accident case in Peachtree Corners.

Impaired Driving Laws in Georgia

The drunk driver who caused your collision will face criminal charges that could strengthen your case. A drunk driving accident lawyer in Peachtree Corners may use the defendant’s charges or convictions to prove liability in your collision. 

However, the progress of your case may also halt until all criminal cases have been resolved.   

Georgia Impaired Driving Laws mandates the following consequences for drivers convicted of a DUI:    

• First-time offenders: Mandatory minimum of 40 hours community service. $300-$1,000 fine. Suspended driver’s license for up to a year. Up to one year of jail time. License reinstatement fees.
• Second-time offenders (within five years of first offense): Mandatory month of community service. $600-$1,000 fine. 3 years suspended driver’s license. Mandatory jail time (between 48 hours–1 year). Mandatory clinician evaluation and possible rehab program.  License reinstatement fees.
• Third-time offenders (within five years of second offense): Habitual violator status. $1,000–$5,000 fine. Mandatory minimum of 15 days in jail.  5 years suspended license. Seizure of vehicle registration/license plate. Mandatory clinician evaluation. Mandatory substance abuse program enrollment at the expense of the offender. Photo and address published in local paper at the expense of the offender. 

Statute of Limitations

The Georgia statute of limitations, § 9-3-33, sets a two-year time limit to file your personal injury claim. You must file within two years from the date of your accident — if you allow this time limit to elapse, you will not have a legal path to compensation for your injuries. Nevertheless, two years is an ample amount of time to determine your course of action and to build your case.

However, an exception to this statute is made if loss of consortium (loss of intimacy and companionship) is included in your claim, and you will have four years to file.

Comparative Fault Law

Georgia’s comparative fault law (also known as modified comparative negligence) may impact your case if you’re found to hold partial fault for your accident. Comparative fault means the following is true:

• You cannot pursue compensation if you are found liable for 50%–100% of your accident.
• The amount of your compensation could decrease if you’re responsible for 0%-50% of your accident.

For example, if you’re speeding when a drunk driver hits you, you may be found to legally hold partial fault for your accident. 

Statistics on drunk driving you should know

Georgia’s strict laws on drunk driving have helped to decrease the number of accidents on the state’s roads. However, driving under the influence still causes severe injuries and even fatalities. 

Here are some important drunk driving accident statistics that you should know:  

• Drunk driving fatalities significantly increased from 2021-2022.  
• In 2022, drunk drivers caused 28% of all collision fatalities.
• 90% of U.S. states have a higher rate of drunk driving accidents than Georgia.
• Most drunk driving accidents in Georgia result in injury. 
•  10% of drivers charged with DUIs have prior DUI convictions. 

What to expect during your drunk driving accident claim

A Peachtree Corners drunk driving accident lawyer from The Scott Pryor Law Group will research the unique circumstances of your case and advise you on how your claim might progress.

However, once you’ve filed your claim, you can expect the following to occur:

• Your insurance provider will begin the claims process by contacting the drunk driver’s insurer and assigning you a claims number to reference and a claims agent to contact throughout the progress of your case.
• If you hire a drunk driving accident lawyer, they will handle all insurance negotiations for you and advise you on whether or not to accept a settlement offer.
• If the insurance company does not offer you adequate payment, you may choose to file a lawsuit.
• The Scott Pryor Law Group will collect evidence, including photo and video documentation and your medical bills.
• Your lawyer may record witness statements and obtain forensic experts to testify on your behalf.
• The defendant in your case will have 30 days to respond to your complaint.
• The discovery process will begin, and both your lawyer and the defendant’s attorney will exchange all depositions, documents, evidence, recorded statements, and witness testimony.
• The Scott Pryor Law Group will represent you in all mediation meetings and negotiations. We’ll never agree to a settlement offer without your consent and  will refuse lowball settlement offers.
• Many drunk driving accident cases are settled before they go to trial. However, if your case does reach the courts, we will tirelessly fight on your behalf to reach a successful verdict.
• Both parties will have a chance to file an appeal. If no appeals are filed or are exhausted and the initial verdict was in your favor, you’ll receive the awarded compensation. 

Compensatory damages in a Peachtree Corners drunk driving accident

A drunk driving accident lawyer in Peachtree Corners with The Scott Pryor Law Group will calculate your damages to help you determine the compensatory amount you should seek.in your claim. Damages include the measurable and immeasurable losses you’ve suffered and are classified in three categories: Economic, Non-Economic, and Punitive. 

Let’s take a look at definitions and examples of the different types of damages.

Economic Damages

Economic damages (also referred to as special damages) cover the measurable losses you’ve incurred. In other words, economic damages have a set monetary value and help you to cover the bills caused by your collision.

A drunk driving accident could leave you with overwhelming and unexpected costs that could jeopardize your financial health. You deserve compensation from the at-fault party.

Economic damages after a drunk driving accident can include:

• Lost Wages (including bonuses and tipped employee income)
• Medical Expenses (doctor’s appointments, hospital stays, prescriptions, surgeries, and all other present and future medical treatment costs)
• Property Repair and Replacement (all vehicle repairs or replacement costs)

Non-Economic Damages

Non-economic damages (also referred to as general damages) won’t make up for the immeasurable losses you’ve suffered as the result of your accident, but they can help to lighten your financial burden.

These damages cover emotional, financial, and physical losses you’ve experienced and don’t have a set monetary value. Non-economic compensation allows you to cover your expenses and focus on your healing.

Examples of non-economic damages may include:

• Catastrophic Injury
• Chronic Pain
• Disfigurement
• Emotional Distress (If you’ve received a diagnosis and treatment for anxiety or depression, your attorney might advise you to include this in your claim)
• Loss of Consortium (loss of companionship and intimacy)
• Loss of Enjoyment (if you can no longer enjoy the hobbies and passions you did before your accident)
• Post Traumatic Stress Disorder (PTSD)
• Traumatic Brain Injury (TBI)

Punitive Damages

A drunk driving accident lawyer might suggest that you seek punitive damages as they’re often awarded in cases of gross negligence. Typically, though, these damages are tacked on in addition to a compensatory award. 

Georgia state code  § 51-12-5.1 allocates 75% of punitive damages to the Georgia state treasury and the remaining 25% goes to the plaintiff.

A judge or jury might mete out punitive damages (also known as vindictive damages in Georgia) to a defendant who displayed a significant breach in duty of care.

For example, a visibly intoxicated driver who violates every traffic law and plows into your car head-on might face punitive damages as one of many severe consequences.

Contact The Scott Pryor Law Group  

The trauma of a drunk driving accident can leave you with life-altering injuries and in financial distress. Giant Insurance companies often offer little to no help and navigating the legal process on your own can prove difficult.

A drunk driving accident lawyer in Peachtree Corners with The Scott Pryor Law Group can offer you compassionate and knowledgeable guidance — your story and the trauma you’ve experienced matter to us. You don’t have to fight this battle alone. 

We’ll advocate for you and battle insurance companies that don’t want to pay you. You need to be able to focus on your healing and know that your case is in trustworthy hands. Although we can’t guarantee a successful outcome to your case, we’ve helped many clients recover multimillion dollar settlements .

Schedule your free consultation with The Scott Pryor Law Group today.