Negligent driving is among the common causes of car accidents across Marietta and throughout Georgia. Sadly, driving under the influence (DUI) continues to be a significant cause for concern. If you suffered severe injuries after being struck by a drunk driver in Marietta, you could seek financial compensation that can help you pay your medical bills and replace the income you lost while recovering at home or in the hospital.
If you don’t know where to start on your legal recovery, you can learn more about how a Marietta DUI car accident lawyer at Kaine Law can help you recover damages from the at-fault party for their negligence. We offer a free initial consultation to prospective clients who want legal counsel as they weigh their next steps.
Marietta DUI Car Accidents Must Meet Statute of Limitations Deadline
If you wish to seek legal action after a car accident, you must file your lawsuit within Georgia’s statute of limitations deadline. Under O.C.G.A. § 9-3-33, you generally have two years from the accident date to pursue your case. While this is a general deadline, your filing time could be longer or shorter, depending on the circumstances of the crash.
For example, if you are suing a government agency for damages, you will have just six months to do so, per O.C.G.A. § 36-33-5. The sooner we meet with you about the accident, the sooner we can advise you on the timeline for your case. It’s one less thing you’ll have to worry about. We’ll also file your lawsuit within the state’s statute of limitations deadline.
For a free legal consultation with a dui car accident lawyer serving Marietta, call 404-214-2001
Damages You Could Recover for Car Accidents Caused by a DUI in Marietta
When you were involved in an accident caused by a drunk driver, every way your life has been affected by your injuries should be taken into account when your lawyer calculates the value of your claim.
You have the right to be compensated for your monetary and non-monetary losses, some of which might include:
- Medical expenses
- Loss of income
- Diminished earning capacity
- Physical and mental pain and suffering
- Disfigurement or scarring
- Diminished quality of life
- Loss of consortium
- Costs of repairing or replacing your vehicle
You could also be entitled to punitive damages if the defendant’s actions are considered grossly negligent or reprehensible. Georgia civil courts will only award punitive damages if they think it is necessary to punish the defendant for this conduct.
Whether pursuing claims with the insurance company or lawsuits in Marietta civil courts, your DUI car accident lawyer will advocate for maximum restitution for your damages.
Marietta DUI Car Accident Lawyer Near Me 404-214-2001
Our Marietta DUI Car Accident Attorney Will Manage Your Case
You can leave all the legal work to us and focus on yourself once we start work on your case. We handle our cases on contingency, which means we don’t get paid unless we recover a settlement or court award for you. This arrangement makes it easier for many of our clients to proceed with their cases without worrying about how they’re going to afford legal representation.
During the time that you are recovering, we will be busy building your compensation case by doing the following:
- Thoroughly investigating to find out what happened
- Identifying who’s responsible for the accident and your injuries
- Gathering and reviewing evidence that helps us establish your case (e.g., medical records, video footage, witness testimony, police reports, etc.)
- Assigning a dollar amount to each of your damages
- Representing you in all meetings and communicating with all parties
- Negotiating with the insurance company for a settlement on your behalf
- Preparing and filing a lawsuit within Georgia’s statute of limitations if the insurer does not agree to settle the case
We update our clients regularly about their cases so that they know what’s going on. We will answer all your questions about all case developments, laws, and anything else. We want to help you recover as fully as possible, so will seek the most favorable outcome for you and your family.
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Establishing Negligence in a Marietta DUI Car Accident Claim
When someone gets behind the wheel after consuming alcohol or illicit drugs, they put themselves and others at risk for severe injury and death. The legal blood alcohol limit for adult drivers in Georgia is 0.08 percent. If you hope to hold the drunk driver responsible for causing your injuries accountable, you must prove their negligence.
To do this, your Marietta DUI car accident lawyer will be tasked with gathering essential evidence that shows:
- The drunk driver owed you a duty of care.
- The drunk driver breached that duty of care by driving under the influence of drugs or alcohol.
- The defendant’s drunk driving directly caused your car accident.
- You suffered considerable damages because of the collision.
If you aim to win your DUI car accident claim in Marietta, your lawyer will need to obtain evidence that clearly shows the defendant was under the influence at the time of the accident. There are multiple ways to establish a driver’s blood alcohol concentration (BAC) levels, including:
- Blood tests
- Urine tests
- Breath tests
A lab will then evaluate these samples to determine what the driver’s BAC levels were at the time of the accident. If their BAC levels were found to be at 0.08 percent or greater, you might have the evidence you need to prove their intoxication in your insurance claim or civil lawsuit.
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Liability for DUI Car Accidents in Marietta
Proving drunk driver liability is just one of the ways you may be able to recover total compensation for your DUI car accident Injuries in Marietta. However, it is possible that your accident could involve other parties that could share liability for your injuries.
Drunk drivers are certainly a risk to others, but it is other parties’ negligent actions that could contribute to your damages. For example, your DUI car accident lawyer might find that vehicle part manufacturers, government agencies, and dram shops share fault for your injuries.
Georgia Dram Shop Liability Laws
Under O.C.G.A. § 51-1-40, establishments that serve, sell, or supply alcohol can be held accountable for drunk-driving accident victims’ injuries if they over-serve or sell alcohol to individuals who are already under the influence and these individuals go on to cause an accident.
To prove this type of claim, an attorney will need to ensure the statute elements have been met. These requirements include:
- The consumption, not furnishing, of alcohol caused the collision.
- The dram shop unlawfully, willingly, or knowingly served or sold alcohol to someone under the legal drinking age with the knowledge that they would be driving.
- The dram shop knowingly served or sold alcohol to someone who was already noticeably intoxicated, with the knowledge that they would soon be driving.
While dram shop liability claims may be more challenging to pursue, doing so could help ensure that you recover total compensation for your damages.
Call Kaine Law About Your Marietta DUI Car Accident Today
Your car accident injuries could impact your life for years to come. You can hold the liable party accountable and seek to make them pay for the hardship the accident has brought upon you. You can learn more about how a Marietta DUI car accident lawyer at Kaine Law can help you navigate the claims and legal processes.
We offer an initial no-cost, risk-free consultation to DUI car accident victims across Marietta and nearby cities in Georgia. We encourage you to use this opportunity to learn more about your legal options. You could get started on your case as soon as today when you call our office at (404) 214-2001.