Why Do Personal Injury Attorneys Keep Rejecting My DUI Accident Injury Claim?


May 14, 2013

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. 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.

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 and Associates 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.

One potential alternative, depending on the state in which you live, might be to file a claim against the party that served the alcohol. Many states, including Georgia, have dram shop laws that impose liability on bars, restaurants and similar businesses that continue to serve alcohol to those who are obviously intoxicated or who are drinking underage. Some states even impose liability on social hosts that serve or knowingly allow alcohol to be consumed by underage drinkers. If you or someone close to you is the victim of an alcohol-impaired driver, you should ask a personal injury attorney about the availability of a claim for social host or dram shop liability.

Additionally, if you have uninsured motorist coverage (which we strongly urge everyone to purchase as part of their policy), your insurance company will step in and pay under that portion of the policy if the other driver is uninsured or underinsured (does not have enough insurance), as if they are insuring the driver who caused the accident. 

Other options that we may explore, depending on the facts and circumstances, include a potential product liability lawsuit against the vehicle manufacturer, a dangerous road claim against a public entity, and a negligence claim against another driver or other party. The bottom line is that we are committed to aggressively pursuing liability claims in DUI accident injury cases, especially when the accident could have been prevented by refusing to provide alcohol to someone who was underage or already too drunk to drive safely.

Why Should You Call Montlick & Associates For Your Free Consultation

Our Georgia auto accident lawyers at Montlick and Associates are available to provide effective legal representation to victims of auto, truck, motorcycle, bus and other vehicle accidents throughout all of Georgia and the Southeast. No matter where you are located our attorneys are just a phone call away, and we will even come to you.

For over 30 years, the experienced Personal Injury Lawyers from Montlick & Associates have been helping families in Georgia and throughout the Southeast.  Montlick & Associates concentrates its practice on personal injury law, providing caring and high quality legal representation. In addition to its goal of being the best personal injury law firm in Georgia, Montlick & Associates is also dedicated to giving back to the community through the firm's extensive public service programs, which have received extensive public recognition.  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 firm was also named the Most Patriotic Business of 2011 by the Association of the United States Army in Atlanta for its efforts to support the troops, and its CEO David R. Montlick received a Patriotism Award in 2012 for the Southeast. To learn more about the firm's award-winning public service programs, please visit Montlick.com/CommunityService.

Call us 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 us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Truck 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.