Drunk driving is illegal and dangerous, it puts people on the road in danger. Being involved in a collision with a driver under the influence is frustrating. Many people assume that driving under the influence is enough to consider the driver at fault, but that’s not always true.
Although the driver will likely be charged with drunk driving, that doesn’t mean the driver is at fault for the accident. Let us understand how fault is determined in a drunk driving accident. We will also understand how an Atlanta traffic accident attorney can help prove the fault by establishing negligence.
Understanding How Fault is Determined After a Drunk Driving Accident
Driving under the influence causes many accidents in Georgia and around the world. When a driver is drunk his ability to think and make decisions is intoxicated.
However, when you file a claim, the insurance company will find ways to avoid paying you full compensation. The company will likely conduct an investigation to make a smaller settlement offer or look for reasons to deny your claim.
Negligence can be proven in a drunk driving accident by actions such as speeding, aggressive driving, traffic infractions, etc. These actions show a failure of the duty of care and can directly cause the accident.
To file a claim against a drunk driver, you also need to prove that you suffered some type of damage due to their negligent action.
Damage incurred can be in different forms such as property damage that involves damage to your vehicle. You may also have suffered personal injuries in the collision. If you are injured, you have the right to file a personal injury claim.
Evidence to Prove Fault in a Drunk Driving Accident
- Medical Records: If you are injured in a drunk driving accident, seek medical care immediately. Any delays in seeking medical care can make it difficult to prove your injuries. The insurance adjusters may argue that you are not really hurt.
- Police Report: Police Reports include a treasure trove of information. This information can provide useful insights into the facts of the case.
- Photo Evidence: This mainly includes photos of the scene of the accident, damage to the vehicle, and injuries. While human memories can be flawed, photographs tell the precise story without bias. Photos that demonstrate the injuries and damage can help strengthen your claim.
- Surveillance Footage: This type of evidence shows the actions that led to the accident and its immediate aftermath. It can prove to be useful to identify the at-fault party.
- Eyewitness Statement: Other drivers or pedestrians are often the most believable witnesses in a road accident. They can provide a personal account of the accident that can help make your case stronger.
How can a Lawyer Help Gather Important Evidence?
After your accident, you need to gather evidence to prove your liability. It can be difficult for a victim to gather all the evidence particularly when they are injured. This is where the services of an attorney can help. The attorney will:
- Ensure proper documentation of all injuries
- Obtain full police reports
- Interview eyewitnesses to collect useful insights
- Request records for BAC and toxicology results
- Gather other crucial evidence
While it may seem evident that a drunk driver is responsible for an accident, you still need to prove the fault. Proving the fault is easier with an experienced traffic accident attorney in Atlanta on your side. They can also provide strategic guidance to maximize compensation for injuries and suffering. Attorneys are also well-versed in such situations to use the evidence collected to build a strong case. The evidence can also help negotiate with insurance providers.
Damages You Can Recover in a Drunk Driving Accident
The most common damages the victim can claim in a drunk driving accident include:
- Medical expenses
- Lost Wages
- Property damage
- Pain and suffering
Drunk driving accidents can cause severe injuries that have lifelong complications. An experienced lawyer can help you receive fair and full compensation for the damages. They will also consult with medical experts for this purpose and help you obtain the compensation that you deserve.
Comparative Negligence in Drunk Driving Claims
Georgia has comparative negligence rules. Comparative negligence in drunk driving claims means that you cannot sue other drivers if you were responsible for 50% or more of the accidents. However, if your fault is less than 50%, you can sue a drunk driver for the damages incurred due to the accident.
Legal Advocacy for your Drunk Driving Accident
At Karma Injury Law, we are here to fight for your rights. When you are involved in a collision with a drunk driver, speak with our experienced traffic accident attorney in Atlanta immediately. It can be stressful to deal with medical bills, trauma, lost income, and injuries.
On top of this, you may also have to negotiate with insurance companies. Our traffic accident attorney can help you navigate the legal system and negotiate with insurance providers on your behalf.
Set up a free consultation today to see how we can help with your claim.
