Calvin Smith Law - The Injury Lawyers

Is a Drunk Driver Automatically at Fault in Your Atlanta Car Accident Lawsuit?

parking lot accident

Years ago, if someone wanted to go out and have a few cocktails, they would have to find a designated driver to avoid an Atlanta car accident. This was a friend in the group who promised to not drink so they could everybody safely home. Other people called a cab. Today, all a person has to do to get a safe ride home requests a ride on their phone. They can use the Uber or Lyft app and a car will arrive within minutes. When they don’t do this, people get hurt. This is why experienced car accident lawyers in Atlanta work so hard to get their clients justice.

That’s why it so frustrating to see that people still drive drunk. And today, with the drug epidemic being what it is, it’s not only drunk drivers you need to worry about. You could be hit by someone who is driving while under the influence of drugs. Some of the more common drugs that we see with impaired driving cases today are heroin and methamphetamine. A driver could even lose control of their car during an overdose. The next thing you know, they’re smashing into your car head-on.

If this happens to you or your loved one, you may sustain very serious injuries. That’s why it’s a good idea to call and talk to a skilled Atlanta car accident lawyer as soon as possible after your crash.

Your Atlanta Car Accident Lawyer Will Submit Proof of a DUI Conviction

It is true that, if your attorney can prove the other driver was drunk, it’ll be easier to prove your case. After all, once the defendant’s insurance company sees they were convicted of DUI, they’ll be more likely to settle. The same is true if your case goes to trial. It would be hard for a jury to find the defendant innocent if they were cited for impaired driving.

If the defendant is charged with DUI but isn’t convicted, that may make things a bit harder. It will all depend on why their charges were reduced or dismissed. Your Atlanta car accident lawyer may have to request a transcript of the defendant’s DUI trial. Or, they may be able to get information from the prosecutor.

You May Still Be Found Partially at Fault

A lot of clients think that, as long as the defendant was cited for DUI, they’ll automatically be entitled to damages. That isn’t necessarily the case. There’s still a chance that you could be found partially a fault. For example, maybe you were speeding or texting and driving and this was the cause of the crash. Or perhaps you were also issued a ticket at the scene.

The good news is that you can still recover even if you’re partially at fault. This is because Georgia follows the comparative negligence rule. The law states that you can still collect damages as long as you are less than 50% at fault. So, even if the court finds you to be 49% liable, you may still be entitled to damages. However, your damages will be reduced by your percentage of fault. So, if your initial claim was for $100,000 and you’re found to be 30% at fault, your damages will be reduced by $30,000. This is still better than losing your right to sue altogether. Your Atlanta car accident lawyer will work hard to get you as much money as possible.

Contact a Skilled Car Accident Attorney in Atlanta, Georgia

If you or a family member are injured in a drunk driving accident, you need help. It could be weeks or months before you’re back on your feet. You won’t be in any condition to deal with insurance companies or lawyers. That’s how an experienced Atlanta car accident lawyer can help. They’ll handle the legal side of things while you focus on what’s important – getting better.

Once you get medical treatment for your injuries, give our office a call. You can set up a date and time that works for you to come in and meet with one of our staff. If you’re unable to meet in-person, that’s okay. We can always arrange to meet by telephone or online. You can take advantage of your free, initial consultation. Our attorneys can answer any questions you may have. They can also give you an idea of what your case may be worth.

The consultation is free, and you don’t have to pay a dime until your case is resolved. You have nothing to lose and everything to gain.

Get The

You Deserve


Free Case Review

Further Reading...

Calvin Smith Law - The Injury Lawyers

Get The Help You Deserve