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021 What to Do If You’re Hit By a Drunk Driver: DUI Accident Lawyer Explains

021 What to Do If You’re Hit By a Drunk Driver: DUI Accident Lawyer Explains

Lawyers in the House with Montlick

Attorneys in Podcast: Enrique Fernandez, Esq.| Craig William LaChanse, Esq.

The holidays are here, and with it comes the fun of holiday parties with colleagues, family and friends. But unfortunately, this time of year also lends itself to accidents involving drunk driving. Attorneys Enrique Fernandez and Craig LaChanse have seen how the split decision to drive drunk can tear apart families and lives, and they’re in the house to talk about DUI prevention, awareness, and what to do if you’re injured by someone driving under the influence. It’s a reminder to us all to slow down, think ahead, and keep ourselves, our family, friends and others safe on the road.

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The purpose of this show is to provide general information about the law. Our guests will not provide any individualized legal advice. If you have a personal situation and need legal advice, contact us for your free legal consultation with a Montlick attorney.

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00:04	ANNOUNCER: Welcome to Lawyers in the House with Montlick. Wish you had a lawyer in the family? Now you do. Here’s your host, Veronica Waters. VERONICA: Welcome to Lawyers in the House. I’m your host, Veronica Waters. So happy to have you back with us for another week, giving you all the law you need to know and letting you know how personal injury law and its attorneys can help you day to day.
00:32	VERONICA: Did you know that in our lifetimes, 30% of us will be involved in a DUI accident? A staggering statistic. The National Highway Traffic Safety Administration and the CDC say that every year there’s one death every 50 minutes from accidents which involved a driver under the influence. What happens if you’re one of those 30%? What do you do? Whom do you call? That’s what we’re talking about today on Lawyers in the House.
01:03	VERONICA: And with us, as always, two phenomenal attorneys from Montlick Injury Attorneys. First, we’re going to start off with Enrique Fernandez, who is a newbie to the show. Welcome to the house, Enrique. ENRIQUE: Thank you for having me. VERONICA: Glad to have you here. And veteran Craig LaChanse is back with us. You happy to see me again, Craig? CRAIG: Oh, absolutely, yeah. VERONICA: Okay, so just to let folks get to know you a little bit, Enrique, you were born in Jersey… ENRIQUE: Correct. VERONICA: Came to Georgia? ENRIQUE: Yes.
01:31	VERONICA: You’ve been here most of your life, I guess at this point? ENRIQUE: Since five I was five years old. VERONICA: Since you were five years old. You know what? You and Craig have that in common. Craig, you were a little tyke when you guys moved from Canada to Georgia. CRAIG: That’s right, I was eight years old, so I spent some time outside of the state since then, but I consider Georgia home at this point. VERONICA: Look at the two transplants. Enrique, sort of inspired into the law in part by seeing your dad as a doctor, helping people. ENRIQUE: Yes.
01:57	ENRIQUE: I mean… It was great to see him go get up every day and go to the hospital and help people, and so I kind of took that to heart whenever I decided to do something that I wanted to do with my life. And here I am. VERONICA: And as we sit here, you’ve been practicing law for about ten years now, correct? ENRIQUE: Yeah, I can’t believe it’s been that long, but yes, ten years. VERONICA: How long have you been at Montlick? ENRIQUE: Three years, approximately. VERONICA: And what have you enjoyed the most so far in your law career? ENRIQUE: I think it’s a pretty dynamic job. There’s always something new to learn.
02:26	ENRIQUE: It isn’t boring by any means. There’s always a new topic to learn, new people to talk to. So there’s an opportunity for growth, personal growth, which I appreciate a lot. VERONICA: Tell me something you’ve learned. ENRIQUE: I’ve learned how to… my writing has gotten a lot better. I think I’m way better at being able to digest information quickly and just even being able to talk to people and get to know them a lot better.
02:53	ENRIQUE: I think you can get to the heart of what people are worried about once you talk to them enough about situations that… they come to you in situations where they’re in pain and it’s very stressful, and you get to know people in a special type of way in that situation. VERONICA: “Love Me in a Special Way” is one of my favorite songs by DeBarge. Just a little personal note about Veronica. You know that song? ENRIQUE: No, I do not. VERONICA: I thought I saw enthusiasm over there. Craig LaChanse back with us. As I said, you talked to us before about what to do and not to do after an accident.
03:23	VERONICA: Really great episode. Had so much fun on there with Craig and Sarah. Check it out. Some Lawyers in the House. Craig, you have been an attorney for…? CRAIG: About 15 years now. VERONICA: And at Montlick for…? CRAIG: About ten. VERONICA: Okay. So tell me what’s one of the things you like best about the law? CRAIG: It’s just honestly, having an opportunity to help people through difficult times. I mean, we’ve talked about this at length, but the insurance company is not your friend.
03:50	CRAIG: And to be able to step in and actually help people get where they deserve following an accident, and that’s… I find that to be very gratifying. VERONICA: Well, Craig, you used to work for the insurance company. CRAIG: I did, yeah. VERONICA: How does that compare? CRAIG: Well, I think it’s very beneficial in my practice to have been on the other side and see how insurance companies operate and understand why they do the things that they do because they’re not honestly readily apparent to someone who’s not in the industry or does this full time.
04:20	CRAIG: It’s oftentimes shocking to see how insurance companies treat people when it comes time to actually use the product that they purchased. VERONICA: You feel more like yourself on this side of the fence. CRAIG: Absolutely. And it’s much easier to go to sleep at night on this side of the fence, for sure. VERONICA: Wow. Compelling stuff. DUI accidents. The topic of the day here on Lawyers in the House with Enrique Fernandez and Craig LaChanse. Let’s start off with what I like to always do at the top of a show, which is sort of define what we’re talking about.
04:49	VERONICA: I’ve heard DUI- driving under the influence, and I’ve heard DWI, which is driving while intoxicated. Right? Are those considered… are those the same thing? ENRIQUE: I think by and large they are. Correct me if I’m wrong, Craig. Sometimes if it’s driving while intoxicated, it’s more denoting towards alcohol. But I mean, I think that legally… CRAIG: It’s just different nomenclature that different states and jurisdictions use. It’s all the same.
05:17	CRAIG: Georgia’s got a code section that covers it, and there’s varying… the code section regarding DUI, I believe it has six separate instances of how you could be charged with the DUI. Maybe a little less than that, but it’s just a way to refer to being intoxicated while behind the wheel. The exact nomenclature is not really important. VERONICA: So what do you find is a common thread?
05:48	VERONICA: I would imagine by now you guys have had a lot of these cases. CRAIG: Yes, definitely. VERONICA: Do you see a common thread in these DUIs? DWIs? CRAIG: Well, I mean, it depends on what you’re talking about in particular, but generally they occur at night. If I give anyone advice, it’s like don’t be on the road after ten or before six. I mean, that’s when these accidents are happening oftentimes when bars shut down, concerts let out, etc.
06:16	CRAIG: So if you really want to avoid being in a DUI, I think it’d be wise to be off the road during those hours that’s typically when they occur. VERONICA: It doesn’t take a lot of alcohol right? To make somebody feel the effects of it. Especially I don’t know how much you drink, if you imbibe, Enrique, but I’m four-eleven, let’s say, whatever, how many pounds? Enrique? Taller, broader? One drink, two drinks is going to affect me differently than it does you.
06:45	VERONICA: Yes? ENRIQUE: Probably. I personally am also someone who hates to say I’m kind of a lightweight, too. So yeah, even drinking alcohol, I mean, it can affect different people different ways. And to go piggyback on what Craig said… Another thing that I think I see as a trend when DUIs happen is holidays. A lot of times. VERONICA: Yes, we’re like edging into this holiday season right now, smack dab in the middle of parties and all this kind of stuff, where people are… And, to be fair, some people are trying to be really responsible and get in rideshares.
07:17	VERONICA: We also have a show about rideshares and the things that can happen. That’s not a foolproof way, but some people are trying not to be the ones behind these statistics that we were talking about. What happens… let’s talk about those 30% of folks. What happens if I’ve been hit by a driver under the influence? What do I do? CRAIG: Call the police, to begin with. ENRIQUE: 100%. CRAIG: Obviously. Yeah.
07:44	CRAIG: This brings into a case I’m dealing with right now, actually, where I had some clients that were hit by an intoxicated driver and thankfully my client got out and immediately started filming the other driver with his cell phone. I think we’ve discussed this, actually on the last episode, but if you get out of the car and you start interacting with the other driver before the police arrive and you believe that they’re intoxicated, obviously taking your personal safety into consideration, you don’t want to put yourself in harm’s way.
08:14	CRAIG: But if you can film the other driver and show what they were acting like and maybe get some slurred speech, etc., it can be very, very powerful evidence for later use that you can capture yourself. You don’t even need the police for VERONICA: A picture’s worth 1000 words. CRAIG: Exactly. VERONICA: Video worth how many? CRAIG: 10 million. VERONICA: So I’ve called the police- somebody’s called 911, right? They’ve seen this horrific crash. Oh, my gosh, whatever. I’ve got my camera out.
08:41	VERONICA: Now do things just sit still while I wait for this criminal case to play out while the police handle this drunk driver? ENRIQUE: Well, the police are conducting an investigation and we’ll let them go ahead and do it and not interfere. I mean, if you did, they may not be too pleased with it, but if we’re waiting for the police to arrive, I would be wary or cognizant of maybe them trying… the defendant trying to leave. I’ve seen that happen. The DUI hit and run sort of fact pattern. CRAIG: Very common. ENRIQUE: Yeah. VERONICA: Wow.
09:10	ENRIQUE: And so if that were to happen, that would be the case. You were unfortunately thrust in that situation. Maybe take a picture of the plate, the car, or maybe jot down the way that they look – like just the manner, like the description. I think that helps a lot because when the insurance company is trying to… when you’re trying to say, hey, this person hit me, they were drunk, and then you can’t even say what the defendant looked like, then it’s like a hit and run, right? It’s a hit and run. And then it doesn’t reflect well on you, even though you’re the complete victim here.
09:40	ENRIQUE: It’s terrible that you have to do homework to protect yourself, but you kind of need to in that situation because people tend to flee when they’re intoxicated. VERONICA: Do I have a case? Well, I’ve been hurt in this accident. Yes, we’re talking about personal injury. This accident has happened, I’m injured. Do I have to wait for the cops and the courts to deal with this guy to get my personal injury? CRAIG: Not at all. What you can do…
10:09	CRAIG: I mean, obviously if you’re injured, we’re always going to encourage you to call us at 1800 LAW NEED. But DUIs, we were talking about this before. The show is the one type of auto accident where I would tell everybody, regardless of the severity of your injury or even if you’re not sure that you’re hurt, if you were involved in an accident with an intoxicated driver, call us because there are things that we can do quickly on.
10:35	CRAIG: There’s always going to be the accident report, but if the driver is arrested for DUI, there’s generally going to be an arrest report generated as well that’s separate from the police report. And we can go ahead and get a copy of that arrest report, get some more information. Now, some of the information would be redacted while the criminal charges are pending, but they’ll… oftentimes information in there describing the appearance and the actions of the defendant driver. Even if they’ve redacted like the blood alcohol content, there’s still a lot of good information and oftentimes… that allows us to show the insurance company that this is not a case that you want to defend.
11:09	CRAIG: This is a case where you should settle with us quickly, early on for the maximum available limits because it’s not going to go well for you if you try to defend this case. VERONICA: So I’ve automatically got a case, Enrique, if I’ve been hit by a drunk driver. ENRIQUE: I mean, as in terms of a personal injury case, if you’re injured? Yes, absolutely. Even a property damage, even if your car is damaged, I think that there’s actually an avenue of recovery for you above and beyond getting your car repaired and getting the cash value for the car. Yes, I think so.
11:38	VERONICA: Have you had a DUI case that has stuck with you? ENRIQUE: There was one that I had recently. It was an individual, the defendant was intoxicated. He struck my clients head on and I believe that the passenger was a child and passed away as a result of the collision. And that was pretty brutal. Not to mean, obviously for the mother who was driving, but even for me as a lawyer handling it, it was pretty bad.
12:06	ENRIQUE: So we were able to easily secure the recovery. But even then, it’s still a very bitter pill to swallow for the mother. Even for me as a lawyer, being so removed from it, that was tough. VERONICA: You can get recovery for someone, still doesn’t make them whole. Correct. VERONICA: In that way. ENRIQUE: Sometimes even one car, you can never be made whole with a settlement. Just the time loss, the injury and the pain and all that, it’s tough to put a monetary value on it. I think.
12:34	VERONICA: I would imagine, too, that when it comes to taking these cases to a trial, if they get that far, juries are pretty receptive. Yes or no? CRIAG: Yeah, absolutely. As a general rule, an insurance company is not likely to want to defend a DUI driver to a jury. In other words, they’re going to take steps to resolve that claim before it gets to a jury trial because the behavior is really indefensible.
13:06	CRAIG: It was a choice that someone made. It was a horrible choice. And especially if this is a multiple DUI situation and you’re talking about trends and things that we see… oftentimes, these DUI drivers, this is not their first rodeo. They have prior DUIs. And that’s one thing that we can do as an attorney that you might not be able to do on your own is VERONICA: Hold on 1 second, Craig, I love where you’re going with this. We’re going to get back to this. What happens with Juries DUI accidents here on Lawyers in the House. Stay with us.
13:42	You’re listening to our podcast, Lawyers in the House with Montlick. Join us 08:00 a.m. Every Sunday if you want to listen live on 95 Five WSB. VERONICA: All right. And welcome back to Lawyers in the House right here on WSB. I’m your host, Veronica Waters, here with Craig LaChanse and Enrique Fernandez.
14:02	VERONICA: And I know you’ve been waiting with bated breath throughout that commercial time because I cut Craig off in the middle of a sentence he was saying. CRAIG: One of the things we can do as a lawyer… So in DUI cases, in addition to the police report and the arrest report like we discussed, we will always run a background search on the defendant driver to find out if they have prior DUIs which can be very damning evidence or just other prior criminal history which we can also in certain cases use against the defendant in a trial scenario.
14:34	VERONICA: Yeah. So talking about trials, really, how often would a DUI case actually get to that level? ENRIQUE: Typically, in my experience, it does not not. It’s rare from what I’ve seen. In my experience, whenever I see cases go to trial, a powerful argument that defense lawyer has is to accept responsibility on the part of the defendant and kind of try to almost what I’ve seen is, like, victim blame on the plaintiff of saying that it wasn’t, we admit fault…
15:02	ENRIQUE: But maybe it’s the plaintiff who is the person that you might be needing to take a closer look here. Because maybe they’re trying to get something that they’re not entitled to. That’s them talking, not me. But with the DUI, you have a defendant who’s intoxicated. It’s a difficult argument to make. The victim blaming the victim shift, the victim shifting the burden over to the victim is very difficult. That’s what I’ve seen. Right? CRAIG: Yeah. Generally the insurance… and there’s obviously exceptions to every rule, which is why we encourage you to give us a call at 1800 LAW NEED.
15:35	CRAIG: And that number is useful nationwide because every case is going to be unique and have unique circumstances and differing evidence. So although we can generally say that these cases are not tried because the insurance company is doing a risk analysis and generally the risk is too high on their side to want to try these cases… VERONICA: A balancing act. CRAIG: There’s always the exceptions to the rules. So that’s why it’s important to give us a call so we can talk about your particular case in your situation. VERONICA: One of the things I have learned in doing this show is the phrase “it depends.”
16:05	VERONICA: It is so fascinating, but so true. It’s not just some trite little saying. It really does depend. All right, quickly, before we go to our next break and talk about what happens with these drivers. I’ve heard of folks suing restaurants and the like because they say somebody knocked back too many drinks at the bar. Is that a thing? ENRIQUE: Yes, in certain instances, yes. That could be a potential way to increase the value of a case.
16:35	ENRIQUE: I don’t think always, but I think, as Craig was stating before, it’s why it’s important to call a lawyer just to maybe investigate and conduct an investigation. I think they call dram shop acts or dram shop cases… VERONICA: Dram shop cases, but you guys don’t see them very often. CRAIG: It’s not that we don’t see them very often. It’s about does the case in light of the plaintiff’s injuries or client’s injuries, does the case have enough potential value to justify pursuing a dram shop action because they are costly, time-consuming, and they are only appropriate in certain cases
17:12	VERONICA: Very narrow? It depends. Once again, it depends. All right, back here on Lawyers in the House with Craig and Enrique. Next we’re going to talk about the showdown and what determines how your case comes out. Stay with us. You’re listening to our podcast, Lawyers in the House with Montlick. Join us 08:00 a.m every Sunday on 95 five WSC. VERONICA: Welcome back to the house.
17:40	VERONICA: Veronica Waters here on Lawyers in the House with Montlick talking to Craig LaChanse and Enrique Fernandez about DUI accidents. What happens if you’ve been hit by somebody under the influence out there on the roads? And I was asking because if you know me and have followed me even a little bit, you know how much I love covering trials. And so I’m always like thinking about does this case go to trial? But you guys were just telling me not necessarily do these cases actually wind up in a courtroom? Right?
18:07	VERONICA: However, there’s still a lot of legal wrangling which I would love to see. There’s a lot of that going on. ENRIQUE: There’s definitely preliminary work that you have to perform in order to successfully have a resolution in a DUI case. Sure. From a personal injury standpoint, short of going to trial. Right.
18:29	ENRIQUE: Short of going into the courtroom and talking to a jury. Like I think Craig was talking about earlier, the investigation is very important at the front end, getting the incident report, the arrest report, conducting a background check, looking for online searches on the defendant to see if they have a history of drinking, stuff like that. It could be useful. VERONICA: So yeah, these are things that I might not think to do. Plus I’m injured, my car is probably messed up, I might not even have income. You know what, let’s talk about that actually for a second.
19:00	VERONICA: What if I’m going through all of this stuff and I need to get this investigation done, but I’m thinking I can’t afford an attorney to do this for me. CRAIG: Okay, well, that’s the obvious answer to that question is that we as plaintiffs’ personal injury attorneys, we take cases on contingency fee, which means that you don’t pay us anything upfront and we’re only paid if we’re able to make a successful recovery on your behalf. So there’s never a financial barrier to calling us at 1800 LAW NEED and getting a consultation.
19:31	CRAIG: All of our consultations are free. And again, if we decide to work together, you don’t pay us anything upfront, we’re only paid at the end of the case if we’re able to complete a successful recovery for you, whether that be through a settlement or ultimately a jury trial verdict. VERONICA: Alright, so back to this legal wrangling and stuff and you guys are, you get this background check, you get these older police reports or whatever, you find out this is not this drunk driver’s first rodeo. What goes through your mind?
20:02	CRAIG: Well, that’s going to be more evidence that we can use. I think an important thing to understand is that, again, speaking in general terms, whenever I bring in a new client and we find out that the at-fault driver was under the influence, my goal for that client immediately is going to be to collect the at-fault driver’s policy limits, whatever those may be. And that’s another key step that if you don’t hire an attorney, you wouldn’t necessarily even know to do.
20:31	CRAIG: We have a law in Georgia that requires insurance companies to disclose the limits of their driver, and they have to do that within 60 days of the accident. And that’s very important information because we don’t know what to demand if we don’t know how much insurance this driver has. A state minimum policy in Georgia would provide up to $25,000 to a single individual for auto accident injuries, but it can go onwards and upwards from there up into the millions of dollars if the person has an umbrella policy, for example.
21:03	CRAIG: So probably one of the most important steps with a DUI case is finding out those policy limits early in the case so you know what it is that you’re going after, and then formulating a plan that will allow us to get those policy limits, hopefully without having to file suit and incur the time and expense of litigation. That’s always our goal for our clients, is to get the maximum amount of money, which is the policy limits, as early on as possible in the claim.
21:30	CRAIG: I mean, we would love to get you the money on day one, but it doesn’t go that quickly. VERONICA: It’s going to take some time. CRAIG: Correct. But we got to know the starting point, of course, is how much insurance money is available and then formulate a plan to go after those full limits based upon the individual merits of that particular case. VERONICA: And if the merits are one of these guys who it’s not his first time, Enrique? ENRIQUE: I do think that that would typically increase the value significantly.
22:01	ENRIQUE: I think that you have an argument. I think one of the ways that these cases derive a lot of their value is from something called punitive damages. VERONICA: I’ve heard that phrase, punitive damages. ENRIQUE: Yeah. And I think it’s important to point out that in a typical personal injury case, where there’s no DUI or certain other circumstances as well, what you’re trying to get a recovery for is to be compensated in an attempt to be made whole.
22:32	ENRIQUE: But with a DUI and certain other cases, like hit and runs, you can get an award that is above and beyond just being made whole. And they call that punitive damages because you’re trying to… VERONICA: Punishment. ENRIQUE: Yeah, exactly. It’s trying to punish the defendant for their egregious behavior. And so yeah, that is definitely something that you need to look into and that’s very important in these types of cases. VERONICA: I remember reading Mothers Against Drunk Driving used some data from the FBI and they said that the average drunk driver has been behind the wheel driving under the influence 80 times- 80 times before they are arrested the first time.
23:07	VERONICA: Imagine how dangerous it is out there on the roads. And then some people have gotten a DUI and they’re doing it again. Which one of you has had a case like that CRAIG: With multiple DUIs? VERONICA: Yes. CRAIG: Like we were saying earlier, it’s shockingly more common than you would believe. It seems that some people learn their lesson with that first DUI and never do it again. Other people, I don’t know what we could do with some people.
23:36	CRAIG: They’re just going to continue to do it over and over again. And this goes back to the punitive damages that Enrique was discussing. Punitive damages, unlike compensatory damages, have really nothing to do with the plaintiff and their injuries. Or it does, but in a lesser extent it has to do with the conduct of the defendants and their egregious behavior VERONICA: Because they had a duty to do something that they did not, which was to drive sober. VERONICA: Correct? CRAIG: Right. So it’s like we’re going to… VERONICA: Is it almost like making an example of you, right?
24:07	CRAIG: Well, it’s one of the factors. There’s some court cases out there that list up to like ten factors that a jury can consider when considering an award of punitive damages. And one of those factors is, is this repeated conduct? Is this one and done sort of situation, or is this conduct that has been repeated over and over again. And if we have evidence of prior DUIs, it goes to show that this person is not learning their lesson and they need to be severely punished. And one of the ways we do that in our society is by awarding money.
24:38	CRAIG: And so that’s why multiple DUIs… Those are the types of cases… again, we’re talking in general terms here, but those are the types of cases where the insurance company is unlikely to want to try to defend that case. Even if they maybe have some arguments that they could make. They’re probably going to forgo those arguments and just agree to settle the case for maximum policy limits.
25:01	CRAIG: Because it’s one thing to defend a sweet young girl who made a mistake, straight to college, got caught, made a mistake very apologetic versus someone in their fifties, and this is their fifth DUI- the jury’s not going to have any sympathy for that person. So that’s why the multiple DUIs, it really cuts down on the sympathy factor. The right DUI defendant can sometimes come across as being sympathetic if they’re very apologetic and seem sincere.
25:28	CRAIG: A jury may not want to punish that individual or punish that individual to the extent that they’re going to punish someone who’s had five DUIs. So it goes back to the insurance company’s decision making as to whether or not they think this is a case that they should attempt a defense, or whether it’s one where they should just throw the towel in and pay us the policy . VERONICA: And something that they’re always considering. Enrique, I believe that you’ve had a case that had a repeat offender.
25:57	ENRIQUE: Yeah, it was a case where the defendant was driving under the influence of… under drugs and caused a pretty serious collision where multiple vehicles were involved. One person passed away, and through an investigation, we were able to determine that he had another DUI in the past. He also had a checkered criminal history as well. So we were able to bring that to light well-short of filing a lawsuit, and we’re able to resolve the case for the policy limits.
26:31	VERONICA: Your client was which victim of this person? ENRIQUE: It was one of the cars that was involved, but she did not pass away, thankfully. But she was injured seriously. VERONICA: And what did that feel like when you brought that to a resolution? And you know what? Let me ask you this. Do you get ticked off? Do you get ticked off? Maybe that’s too personal a question.
26:56	VERONICA: Yeah, but when you’re looking at somebody with one of these records, do you get emotional and just, like, want to beat your fist against the table? ENRIQUE: Sometimes you do. You kind of… you try to separate emotion on some level, but it is pretty jarring to see someone who goes out, has a history, and just a history in general, of harming other people and then for them to hurt your client. And it’s just like, come on, man, what’s going on here?
27:26	ENRIQUE: Like, you really are going to go out there and do this again? You hope that they get put behind bars for a long time or at least hopefully somehow learn their lesson. Maybe they will, maybe they won’t. VERONICA: Do the punitive damages generally make them… well, it’s not coming out of their pockets. ENRIQUE: Exactly. Hopefully that means that the insurance… well, the insurance company will likely know now, and that person will likely not be able to get insured, and it might be more difficult for them to get a policy, probably. And so maybe that may have some sort of a deterrent effect?
27:54	VERONICA: Yeah, I was thinking about that when Craig mentioned if the insurance company has this person coming once again before them, and their customer has got to repeat DUI at some point, like, they may pay the claim for the injured plaintiff, but then that person, the defendant might not have insurance anymore. CRAIG: That’s correct. That’s really where it’s going to hurt them, in the pocket. To be clear, the award of punitive damages is generally paid by the insurance company. There are some exceptions to that. VERONICA: Do they sue the driver? I mean, the drunk driver after that for the money back?
28:24	VERONICA: They can’t… Forget I asked that question, but the punitive damages are the ones that can go way above and beyond the policy limits, like you were saying. CRAIG: That’s correct. VERONICA: We’re talking about big, big numbers there. CRAIG: That’s correct, yeah. VERONICA: How does that feel when you get that resolution for that client? CRAIG: It feels good. And this is probably a good opportunity to draw a distinction here when we’re talking about punishment for the defendant driver. We at Montlick and Associates,
28:54	CRAIG: We are civil attorneys. We file… pursue civil claims and file civil lawsuits for monetary damages. That’s all we’re able to collect through the civil court system, is a monetary award. In addition to the claims that we’re pursuing on behalf of our clients, the criminal system is also pursuing a claim against the DUI driver. And there may be fines and penalties and jail time associated with the criminal aspect. So there are two separate paths.
29:22	CRAIG: We’re pursuing the financial recovery on behalf of the plaintiff, but there’s a separate court case in the criminal system against the defense. VERONICA: Totally different. CRAIG: Correct. VERONICA: Now, does my personal injury case play a role in that criminal case? CRAIG: It actually typically works the other way around. And again, it’s going to depend heavily on the situation. There are certain situations where we are going to resolve the civil case well before the criminal case is ever resolved.
29:50	CRAIG: If you hire a good DUI attorney, one of their tactics is, of course, to prolong the criminal case. DUI cases can take two, three years to resolve them… VERONICA: Wow! Because they seem so obvious. Right? CRAIG: Well, the continuances and of course, with the delays in the court system from the Coronavirus, these cases can really get strung out. So it’s really going to depend on are the criminal charges, as we say, disposed of prior to the settling of the civil case?
30:19	CRAIG: If they are, then potentially that information can be used. But the majority of the time, we are typically settling our civil case prior to the criminal charges being disposed of. VERONICA: One thing I think that we just learned, too, in this segment, driving under the influence doesn’t necessarily… I keep using the phrase drunk driver, but you could be under the influence of a very legal substance, like a pill that your doctor prescribed. Right? So let’s just make sure we don’t get it twisted. You can be under the influence. You don’t have to be doing anything illegal.
30:49	VERONICA: This is Lawyers in the House with Craig LaChanse and Enrique Fernandez. Coming up next, the Montlick closing argument. Don’t go away. You’re listening to our podcast Lawyers in the House with Montlick. If you want to listen to our radio show live, you can hear it every Sunday, 08:00 A.m. On 95 Five WSV. VERONICA: All right. Welcome back to the house.
31:18	VERONICA: Lawyers in the House with me, your host, Veronica Waters. Here with Montlick injury attorneys Craig LaChanse and Enrique Fernandez. Don’t forget that if you missed any of the amazing information about DUI accidents in this episode, or you just want to hear any of the other previous episodes, you can find us online 24/7 at lawyersinthehouse.com. Check us out where your favorite podcasts go to live. Hopefully you’re already liking and subscribing, and you can see our smiling faces on YouTube.
31:46	VERONICA: Just search for Lawyers in the House Montlick and we will come right up. And remember, you can hit us up 24/7. Also on social, we are @MontlickLaw on all platforms. It is time for what you’ve been aching for all hour long, the Montlick closing argument. Craig and Enrique, take it away. ENRIQUE: Yeah, I think that one of the main takeaways I would leave this show with would be to hire a lawyer. It’s very important. There’s a lot going on.
32:15	ENRIQUE: There’s many pitfalls for a potential plaintiff, whether it’s at least in Georgia, making sure that the correct forms are signed. I mean, that will vary from state to state, of course, the resolution of the case. But in Georgia, it’s pretty important to make sure that the conclusion of the case is wrapped up with you signing the right type of paperwork. I mean, would you agree, Craig? CRAIG: Absolutely, yeah. And as Enrique pointed out, these laws are going to vary significantly from state to state.
32:43	CRAIG: So when we’re talking in more specific terms, we’re referring to our practice in Georgia. As Enrique pointed out, there’s a particular type of release that needs to be signed in the state of Georgia to allow you to potentially pursue other policies. And back to what we were saying earlier, the insurance company is not your friend. They’re not going to point you in the right direction. They’re not going to make sure you sign the appropriate paperwork to protect your rights. They are concerned about settling or resolving the claims against their insured for as little money as possible, as quickly as possible, and have you sign away any future rights.
33:15	CRAIG: So that’s why it’s extremely important to contact an attorney in all injury cases, but especially DUI cases. ENRIQUE: 100%. VERONICA: So many nooks and crannies in the law. How could I possibly be expected to navigate them alone with no legal experience? I mean, I watch a lot of episodes of Law and Order, but I don’t think that counts here. ENRIQUE: No. I mean, relying on Law and Order in this particular situation might lead to some catastrophic consequences. VERONICA: Catastrophic consequences. And let’s not forget, not making light of any of this, drinking and driving is a choice.
33:47	ENRIQUE: It is. CRAIG: Just don’t do it. Just don’t do it. ENRIQUE: There are so many ways for you to get home safely today. I think that with rideshare like we were talking about friends and family, taxis and stuff like that. Don’t put yourself and others at risk. VERONICA: And remember, AAA has tow to go on holidays so you can call them and get a free ride home, get you and your vehicle home safely. We owe each other a duty to keep each other safe out there on the roads. Keep that in mind as you celebrate all holiday season and all year long.
34:19	VERONICA: I’m Veronica Waters. Thank you so much to Craig LaChanse and Enrique Fernandez for being here with me. Hope to see you with me here next week. You’re listening to our podcast, Lawyers in the House with Montlick. Catch us live every Sunday 08:00 A.m on 95 five WSB.

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