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Hit-and-Run DUI Child Pedestrian Accident Reveals Challenges in Seeking Financial Compensation

April 22, 2013

The tragic death of an 11-year-old boy in a hit-and-run DUI accident serves as a sad testament to the continuing risk posed by drunken drivers. The driver was not only under the influence when he struck the child pedestrian with his motor vehicle and drove away but was also driving on a suspended driver’s license, according to a report in the Atlanta Journal-Constitution (AJC). The driver eventually surrendered to Clayton County police who turned him over to Atlanta police. The hit-and-run driver who ran down the child pedestrian is charged with DUI, leaving the scene of an accident and driving on a suspended license.

Intoxicated drivers, particularly those who have a repeat history of driving under the influence, pose a special danger to pedestrians, motorcyclists, bicyclists and other vehicle occupants. Drivers who are habitual DUI offenders tend to be among the most dangerous drivers. Unfortunately strategies like driver’s license suspensions have proved relatively ineffective at discouraging this dangerous practice. Statistics from MADD indicate that between half to two-thirds of drivers who have their license suspended for alcohol-related offenses continue driving despite the suspension.

Drivers who commit repeat DUI offenses are not only likely to cause more collisions but also may be the least likely to have the financial resources to cover the cost of compensating victims for the injuries and damage that they cause. Because DUI violations result in a driver’s license suspension, the chance that a repeat DUI offender will be uninsured is extremely high. Even if an intoxicated driver or driver who has had his or her license suspended for DUI has assets that can satisfy a judgment, the driver has a strong incentive to flee the scene of an accident because of the possibility of civil and criminal liability.

An injury victim may be able to recover compensation for injuries by filing an uninsured motorist claim with your own insurance company or pursuing a liability claim against a third party that contributed to the accident which caused your injuries. Even if the identity of the driver who caused the accident is unknown due to them fleeing the scene of the accident, uninsured motorist coverage under your own policy can afford protection and step in and pay as if they are insuring the driver who caused the accident. Sometimes a vehicle manufacturer may be liable if a defect in the design or manufacturing contribute to a collision. In other situations, another motorist may have engaged in conduct that contributed to the collision. A municipality, county or state may also be held financially responsible if it failed to design or maintain the roadway safely.

Why Montlick & Associates?

Our experienced Georgia accident attorneys at Montlick and Associates are committed to discouraging DUI and advocating for victims of intoxicated drivers. We have been running a "Don't Drink & Drive" public service campaign for 30 years that has included television messages and billboards. Our DUI accident lawyers at Montlick and Associates are available to provide effective legal representation to those throughout all of Georgia and the Southeast. For over 37 years, the experienced Georgia lawyers from Montlick & Associates have been helping families receive the compensation and benefits they deserve after an accident.

The firm was recently honored by the Georgia House of Representatives for its 30 years of service with the passing of House Resolution 394 recognizing Montlick & Associates for "the outstanding accomplishments of this distinguished firm," and “for providing efficient, effective and dedicated services to the citizens of Georgia.”

The experienced Georgia accident attorneys at Montlick and Associates are available to provide effective legal representation to clients throughout Georgia, including rural areas in the state and across the Southeast. No matter where you are located, the attorneys at Montlick & Associates are just a phone call away, and will even come to you. Call 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit online at and use the firm’s Free 24-hour Live Online Chat or Free Case Evaluation Form.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. 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.