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The Special Legal Issues Surrounding Drunk Driver Accident Claims


January 17, 2023

A substantial number of drivers continue to put others at unnecessary risk by driving while impaired.

Tragically, drunk driving continues to be the cause of permanent injuries, fatalities, pain and suffering, and property damage. Every year, drunk drivers take the lives of more than 10,000 people and cause $132 billion in damage. If you or a loved one suffers an injury caused by a drunk driver, an experienced attorney from Montlick Injury Attorneys can help you or your loved one navigate through the unique issues that involve these motor vehicle accident claims.

A few of the special legal issues that will be explored should you or a loved one pursue a drunk driving accident claim include:

Obtaining Evidence That Supports Punitive Damages -In Georgia, if a driver is found intoxicated and causes a severe accident, punitive damages could be awarded to the victim or the victim's family. Punitive damages serve to discourage egregious conduct and are penalty damages for the bad behavior. Georgia law sets a high standard for recovering this damage award. 

Risk of Drunk Drivers Driving Uninsured - Auto accident insurance constitutes the main source of financial compensation in many automobile accident cases. However, insurance issues can arise in drunk driving cases in many different ways. First, drivers who have been previously arrested for drunk driving are very likely to re-offend. According to Mothers Against Drunk Driving (MADD), 58% of drivers convicted of drunk driving continue to drive their vehicle even after their license has been suspended. Therefore, there is a risk that a drunk driver who causes an accident is uninsured. 

If the at-fault driver in your crash does not have insurance, you typically have three options for recovery in many circumstances: 

(1) Your accident attorney conducts an asset search to determine if the drunk driver has property in which a judgment could be enforced.

(2) Your accident lawyer can explore other third parties who may also be liable. For example, if the drunk driver was using a company vehicle at the time of the accident. The business could be held liable depending on the circumstances.

(3) Your accident attorney could file a claim against an uninsured motorist/underinsured motorist carrier (UM/UIM).

Did you or a member of your family suffer an accident-related injury? 

Protect your legal rights by calling Montlick Injury Attorneys Nationwide, 24/7, at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone or use our Free 24-hour live chatOur Lawyers are here to listen, understand your situation, and advise you. Please visit our Montlick Injury Attorneys reviews to see what our clients have to say about our commitment to exceptional service.

Sources:

https://www.nhtsa.gov/risky-driving/drunk-driving

https://www.pire.org/

https://www.madd.org/statistics

Category: Auto Accidents

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.