Drunk Driving Accident in Gwinnett County
Almost 300 people were killed and thousands more injured on Georgia roads in drunk driving accidents in 2013, according to the Georgia Governor’s Office of Highway Safety. Drunk driving accidents in Gwinnett County are always tragic and leave victims and their families with a lot of questions:
- How am I going to pay my medical bills?
- What if I cannot go back to work?
- What if I suffer a permanent disability?
- What if the drunk driver was not convicted?
If you or a family member have been the victim of a drunk driving accident in Gwinnett County, call The Law Offices of John Morrison for help. We will answer all of your questions and help you work towards getting a fair settlement that pays you the compensation you need.
What kind of damages can I recover?
The civil case is different from a criminal DUI case. While the criminal case punishes the drunk driver for violating the law, a civil suit helps victims get compensation for the physical, emotional, and financial damage they suffer because of the DUI crash. Make sure you have a full picture of the damages you suffered, which might include:
- Costs of medical care
- Lost wages and reduced earning capacity
- Vehicle repairs or replacement
- Home or vehicle modifications
- Pain and suffering
Georgia also allows victims to collect punitive damages through personal injury suits. In general, there is a punitive damages cap at $250,000 in Georgia. This does not apply in cases where the defendant was under the influence of alcohol or drugs, however. There is no cap on the punitive damages that a court may award in a DUI civil suit.
What do I need to do to prove negligence and liability?
When filing a claim against a drunk driver, the claimant or plaintiff (you) and your attorney must prove the liability for your injuries lies with the defendant.
Most are probably aware that the prosecutors in a criminal case must prove guilt beyond a reasonable doubt. The burden of proof is not as high for civil cases, so even if the defendant was not convicted, you may still hold him liable for your damages in a civil claim or lawsuit.
According to Georgia’s Negligence Per Se law, if you can prove that the driver was driving with a blood alcohol concentration (BAC) of .08 percent or higher, and that his condition caused or contributed to your injury, he is negligent per se and liable for your damages. You can use police reports, results of breath and blood tests, eyewitness testimonies, and other evidence from the criminal case to prove liability.
Get Help from John Morrison if You Were the Victim of a Drunk Driving Accident
A Georgia car accident lawyer well versed in DUI suits can help you navigate the insurance and civil claims process. John Morrison handles drunk driving accident cases for victims in Gwinnett County. Call the Law Offices of John Morrison at (770) 951-8900 or fill out our online contact form to set up a free, confidential meeting to discuss your case today.