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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

Why do lawyers keep rejecting my DUI case?

While the negligence of the other driver may be clear and the victim's injuries significant, the problem might lie not in obtaining a judgment but in enforcing the judgment.

Many drivers and passengers that are the victims of drunken drivers presume that they have a “slam dunk” legal claim. These same victims are appalled when they are turned away from personal injury law firms that indicate they cannot take the case. When someone suffers significant injuries during a collision with an intoxicated driver, it can be extremely difficult to understand why a law firm would be hesitant to take such a case.

Drivers involved in accidents while under the influence of alcohol or drugs usually are not committing DUI/DWI for the first time. Many alcohol or drug-impaired drivers have prior DUI convictions on their record. DUI convictions are often accompanied by a driver’s license suspension. Further, some studies have shown that over half of all drivers that have their driver’s licenses suspended or revoked for DUI continue to drive even without a license. During the period a driver does not have a driver’s license, the driver will also be unable to obtain insurance. Even after a driver has his or her driver’s license reinstated, the cost of insurance often will be sky high, which may discourage repeat DUI offenders from obtaining insurance coverage, even though required by law.

When you consider the likelihood that a driver with prior DUI offenses does not have insurance, it may become more apparent why many victims of DUI crashes struggle to find legal representation following their collision with an intoxicated driver. However, our experienced Atlanta DUI accident attorneys at Montlick believe that victims of intoxicated drivers deserve financial compensation for their injuries and loss. We explore all viable options for making a claim against a defendant who has the ability to pay a damage claim.

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