Every year, drunk drivers cause many serious accidents in the Athens area. If you were hurt in an accident with a drunk driver, you might be entitled to recover monetary compensation. Your damages could include your hospital bills, lost wages, or other losses stemming from the collision.
Although the rate of driving under the influence (DUI) arrests is highest on holidays like July 4th or St. Patrick’s Day, these accidents could happen at any time. The unfortunate reality is that intoxicated drivers are constantly on our roadways. An Athens personal injury lawyer from Kaine Law Firm could build a strong case for negligence on your behalf.
You Must Prove Negligence in an Athens, Georgia Drunk Driving Accident Case
It might seem like identifying the at-fault party in a drunk driving accident would be straightforward, but you must show the other driver in the accident was negligent. You cannot recover compensation until you do this.
There are four steps to proving negligence, and you must establish each of these elements. There are four steps to proving negligence, and you must establish each of these elements. The four elements of negligence include:
- Establishing a duty of care
- Proving breach of the duty
- Finding causation
- Proving damages
The Duty of Care
To prove negligence, you must first show the other driver involved in your accident owed you a duty of care. This duty means the other driver must have had a responsibility to take reasonable steps to protect you from harm.
Proving the duty of care in this case is rarely an issue. When a person gets behind the wheel of a car, they must operate their vehicle safely. This means the first element of negligence is rarely disputed in a drunk driving accident.
Unlike proving that a duty exists, factual disputes regarding whether or not this duty was breached are frequent. For your injury case to succeed, you must establish the other party in the case breached the duty they owed to you.
There are different ways to establish a breach. In a drunk driving accident, the fact that the other driver was intoxicated could be enough on its own to show a breach of duty. Often, these accidents also involve some form of traffic violation that could also serve as further evidence of the breach.
The third element – causation – is the link between your injuries and the breached duty of care. A causal link is necessary to ensure that the victim is not responsible for the damages they did not cause.
The final element of negligence involves your damages. It is not enough to prove that you were in an accident caused by a drunk driver. You must also establish that you sustained damages due to their actions. Your damages could take many forms, including medical bills or physical pain.
For a free legal consultation with a drunk driving accident lawyer serving Athens, call 404-214-2001
Our Athens Car Accident Attorneys Could Help You Pursue Your Case in Different Ways
In the aftermath of an Athens accident with a drunk driver, our firm could help you pursue a monetary award. How our lawyers will handle your case involves doing the following:
Monitoring the Separate Criminal Case
One of the unique aspects of a civil lawsuit involving a drunk driving accident is that there is often a criminal case related to the same incident. The outcome of the criminal case could have implications for the civil suit. A conviction for DWI could be used as evidence of negligence at trial. Your attorney could monitor the criminal case on your behalf.
Pursuing a Settlement
Many drunk driving accident cases are ultimately resolved through a negotiated settlement. These settlements could occur early on in the case or in the days leading up to a trial. Our firm could rely on our experience to help you obtain a fair offer in your case.
Litigate Your Case
Our attorneys are prepared to file a lawsuit on your behalf and take your case to trial if that gives you the best opportunity to secure fair compensation. From filing your lawsuit to developing a trial strategy, Kaine Law will ease the stress and worry of your lawsuit.
Athens Drunk Driving Accident Lawyer Near Me 404-214-2001
We do Not Charge Clients Until We Win Their Cases
You could pursue compensation for your injuries without paying anything upfront. In most cases, an Athens drunk driving accident lawyer will agree to handle these lawsuits on a contingency-fee basis, which allows you to pursue your case regardless of your financial position.
This is important for many injury victims. The cost of medical care after an accident with a drunk driver can be high, and the inability to work could put more financial strain on that person. The chance to hold the drunken driver accountable without paying any upfront attorney’s fees is a tremendous benefit for many people.
Under a contingency-fee agreement, your attorney will only collect a fee if they obtain compensation on your behalf. In that situation, they will keep a percentage of your settlement as their fee. This means if you never recover damages in your case, you will never owe your attorney anything for their services.
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Drunk drivers represent one of the most dangerous hazards on the roads of Athens. Intoxicated drivers lack the reasoning or motor control to operate a motor vehicle safely. If one of these dangerous drivers caused your accident, you could hold them accountable by filing a civil lawsuit.
A drunk driving accident lawyer in Athens could help you pursue a settlement or judgment following your crash. Their guidance could help you secure fair compensation and answer any questions you might have about the process. Call (404) 214-2001 right away for a free consultation with Kaine Law. Do not delay, as O.C.G.A. § 9-3-33 could limit how long you have to take legal action.