C
ar Accidents With DUI Driver
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DUI Car Accidents - If Injured or Killed by DUI Driver
When a driver, who you share the Georgia roads with, has been drinking and driving, it can put you and your whole family at risk. If someone hits your car while under the influence, you and your passengers could suffer serious injuries or death. If you have suffered injuries at the hand of a DUI driver, you have the option of filing a civil lawsuit against them to recoup damages. If your loved one was killed by a DUI driver (wrongful death), it may also be possible to hold the driver responsible civilly as well as criminally.
It makes sense to consult a personal injury lawyer as soon as possible if you have suffered at the hands of a negligent DUI driver. Attorney Joshua J. Smith handles personal injury cases which can include those car accidents involving a negligent driver including a DUI driver. He can help you determine what to do next.
Here is what you need to know about car accidents with a driver determined to be Driving Under the Influence (DUI).
What is a DUI?
DUI stands for driving under the influence and covers situations where law enforcement determines the a driver’s abilities are impaired by alcohol or other substances. The substances other than alcohol can be drugs such as marijuana, opioids, or other controlled substances and illicit drugs.
It’s important to note that there are legal substances, including over-the-counter medications, that can also be covered by DUI laws. For example, medications like Nyquil that make you drowsy can get you a DUI charge if you drive while under its effect.
DUIs are usually associated with motor vehicles on roads, but a person can be charged with a DUI in other situations. For example, operating construction machinery while impaired and causing damage and/or injuring others can lead to a DUI under certain circumstances
What Compensation Can you Recover if Injured by A Drunk driver?
Like any car accident, if the liability for the accident is attributed to the other driver, you can sue for compensation for medical bills, medical treatment, and ongoing medical bills such as rehabilitation or physical therapy.
You can also seek compensation for loss of income. If you had to miss work due to your injuries, you can ask for comparable payment. If your injuries are so significant, that you are permanently disabled and cannot return to the work you were once capable of, you may be able to recover monies to supplement your loss of income and pay for retraining for a new occupation if possible.
Insurance companies are notorious for trying to get injured parties to take the lowest amount possible. A good personal injury lawyer like Joshua Smith will know the types of things to ask for beyond immediate emergency room bills or short term physical therapy. For example, you may have a long-term injury, such as a back injury, that will forever alter your lifestyle. You may want to be compensated for that.
Discuss your accident with Attorney Smith before discussing your accident with an insurance representative
What Happens When Someone Dies In a DUI Accident
When a person dies in a DUI accident, the criminal charges associated with that accident intensify. If a DUI driver causes a death, they may be charged with homicide or manslaughter. However, even if a DUI driver is not charged criminally for the death, the family can file a civil case against the driver. A civil action is used to compensate the survivors affected by the death for their losses. This can include funeral costs, any medical bills, lost of income, loss of consortium, and pain and suffering.
If a loved one has died due to an accident or some negligent action, it is devastating to those left behind. Emotional pain is just the beginning. You may suffer financial losses that a life insurance policy cannot fully cover (if life insurance was available at all). If the person who died was the family’s primary breadwinner, suddenly losing your home or wondering how to provide food becomes the reality you are facing.
Wrongful death is a civil case in which a plaintiff is asking for compensation for losses. It is different than a criminal case, such as a DUI or assault, though the person causing the death may certainly be additionally charged criminally for their actions.
Consult With A Personal Injury Lawyer ASAP
If you are injured in a DUI accident, consult with the law firm of Joshua J. Smith right away. If you are too injured, a family member or loved one can reach out to our office to get immediate legal advice. As a qualified personal injury lawyer, Joshua J. Smith can help you navigate the process and get the best compensation in your personal injury case. Before you do anything else, seek our assistance. Having the right help could make a big difference in your insurance settlement.
Contact a Dalton Personal Injury Attorney
Car accidents are more common than they should be and sadly drivers who drive under the influence can negligently cause injury or death. When a tragedy strikes, like being injured in a car accident through no fault of your own, you need the help of a local lawyer who can work to get you fair compensation from a car accident or other types of personal injury.
We established our practice in Dalton, Georgia back in 2002 and have been privileged to serve the good people of Georgia, particularly in Dalton and the surrounding towns such as Cohutta, Varnell, Eton, Tunnel Hill, Chatsworth, Rocky Face, Rossville, and Crandall. We also can assist folks from Calhoun, Fort Oglethorpe, Canton, Cartersville, Cannon Heights, Rome, and Woodstock.
As a member in good standing of the Georgia Bar and licensed to practice in the state of Georgia, Attorney Smith can represent clients throughout the state.
If you or someone that you know has been injured or harmed in a car accident with a DUI driver, don’t hesitate to contact Joshua J. Smith Attorney at Law by calling us at (706) 217-2095 or filling out our contact form.
Contact Attorney Smith Today
We are located at 207 West King St, Dalton, GA 30720. Please call (706) 217-2095 for an appointment or contact us here on our website. If necessary, we can arrange to visit you at your home or a mutually convenient location.
