When a DUI Driver Caused The Accident

It’s common for a police officer to request a test for alcohol or other substances at an accident site if they suspect an intoxicated driver. If the driver is found to be intoxicated, they will be arrested.

But for the sober driver hit by the drunk driver, you are left to figure out how to receive compensation for your personal injury – medical bills, lost wages from missing work while you are recuperating. You may even have serious life changing injuries like a back injury. Your next step is to get a personal injury lawyer like Dalton lawyer, Joshua J. Smith.

The police can deal with the DUI crime but your personal injury lawyer can make sure that the drunk driver responsible for the accident, compensates you for your damages. This is a civil matter and is best handled by an experienced attorney.

Criminal Versus Civil

There are two distinct aspects of a DUI case. First, there’s the driver who was operating the vehicle while intoxicated. Second, this DUI driver caused the accident that resulted in damage to your car.

The DUI aspect is treated as a criminal case, where the driver is charged with DUI and prosecuted for that offense.

However, the accident itself is a civil case. You are the plaintiff – the injured party – and the other party is the defendant – the person responsible for the harm their drunk driving actions caused. In this context, you have the legal right to seek compensation for damages from the other driver. The civil case can proceed independently of the criminal case.

As the plaintiff in the civil case, your personal injury attorney will represent your interests and work to get you the compensation you deserve.

Collecting Damages

You can collect damages, usually through the driver’s car accident insurance. At the Joshua J. Smith, Attorney at Law office, we investigate and pursue every available avenue to find sources for compensation.

For example, other parties may share responsibility. An establishment that knowingly served—or over-served—the driver may be held liable under Georgia’s dram shop laws. This includes serving alcohol to a minor. If the establishment can be shown to be partly responsible, they may also be party to the suit.

Contact a Dalton Personal Injury Attorney

If you’ve been involved in an accident involving a drunk driver in or around Dalton Georgia, it’s important to know where to turn for legal help. Joshua J. Smith, Attorney at Law is here to provide you with professional legal assistance and compassionate client service. With over 20 years of experience, our team is well-equipped to handle all types of personal injury cases including car accidents with a drunk driver. We can negotiate with insurance companies and obtain the highest settlement possible. If you are a victim of another’s negligence, you should talk to Dalton Personal Injury Attorney Joshua J. Smith.

Since founding our practice, we 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.