Atlanta Drunk Driving Accident Attorney

If you are the victim of an Atlanta-area car crash in which DUI arrest records prove the other driver was under the influence of alcohol or drugs, you have a strong case for collecting damages. Unfortunately, it is not uncommon for a drunk driving victim to settle for much less than what they are actually owed. At Shane Smith Law, our personal injury lawyers have seen this happen far too many times. Before accepting less than you deserve, talk to our team. We want to help you.

Call (980) 246-2656 or contact us online to learn more about your options after an accident.

What do I do if I am in an accident with an impaired driver?

As is the case if you are involved in any auto accident you should collect basic information from the other driver such as:

• Name
• Address
• Phone number
• License plate number
• Insurance company name
• Insurance policy number.

Find out if there were any witnesses and get their names, addresses and phone numbers. Contact the police department to have a police report generated. Use your cell phone camera to take accident scene photos including damage to each vehicle involved and the accident scene perspective in relation to the street.

After you leave the accident scene you should visit your doctor or an emergency room for a full examination. Though you may not have any noticeable bruises or broken bones it is possible that you may have sustained a concussion or have internal injuries that need immediate treatment. This examination will also provide medical documentation of your condition shortly after the accident.

What will a lawyer do for me?

By having an attorney who provides an all-out effort to get you the best compensation possible, you will be able to focus on recovering, healing, and moving forward with your life.

Our attorneys can help:

• Investigate your collision, talk to witnesses and collect critical information to help you obtain the best possible financial recovery.
• Handle all negotiations with the insurance companies involved.
• Pursue a personal injury lawsuit to seek further damages if the insurance company’s settlement isn’t acceptable.
• Pursue all available sources of compensation for you, including the other driver’s insurance coverage or your own insurance coverage.

What Compensation Can I Recover as a Drunk Driving Accident Victim?

The types of financial compensation you may be eligible for include:

• Medical expenses
• Ongoing care (physical therapy)
• Property damage
• Wrongful Death
• Pain and suffering
• Home renovations for disabilities
• Loss of income (missed time at work)
• Funeral expenses

A prior offender may be ordered to pay higher damages, which is why, as your lawyer, Shane Smith will advise you to wait until the criminal trial has concluded. In addition, the criminal court judge may order the defendant to pay punitive damages to the victim that are separate from and in addition to the damages claimed in a civil trial. Punitive damages may be awarded to you even if you are not injured in the accident.

Is a DUI a Felony?

In Georgia a DUI conviction is a criminal offense, which means it can be either a misdemeanor or a felony. Typically if the driver causes an accident that seriously injures, or causes the death of someone, it will result in a felony. Also, if a driver has had multiple offenses over a period of 10 years, it can result in a felony. A third offense is considered an aggravated misdemeanor while a fourth offense is a felony.

Why Would a Drunk Driving Victim Agree to Less Than They Deserve?

Attorneys for DUI crash victims often fail to take advantage of the rulings and evidence from the offender's criminal trial, including DUI arrest records. Victims often just want closure, so they accept the payout they are offered by the drunk driver’s insurance company and move on. But that can leave injury victims with much less than they deserve—and less than what they will need to begin to repair their lives following a devastating crash. At Shane Smith Law, our accident attorneys advise our Atlanta-area victims of DWI/DUI accidents to be patient.

When you work with us to fight for compensation following a drunk driving crash, we will advise you to wait to collect on your claim until after the criminal trial. We will take time to conduct a complete investigation of the crash and the other driver’s records in order to maximize the value of your case. If you are seeking closure, a civil trial will provide you with the opportunity to lay your emotional pain to rest.

Evidence Needed by DUI Accident Victims

The first thing you must show in a DUI accident case is that the other driver was, in fact, intoxicated.  After a DUI accident, the police often report to the scene of the accident, perform breathalyzer or blood tests on the driver to test blood alcohol content (BAC), and arrest the offending drunk driver.  The evidence of the police report and the BAC test can be used to show intoxication in your civil case, as well.  A DUI attorney knows how to gather all of this evidence and use it to show the drunk driver was breaking laws and therefore acting in a negligent manner.  Once you show this, you will likely be able to recover for all losses you incurred due to the accident.

In order to prove your losses, you also need to show evidence of all of your medical expenses, lost wages, as well as estimated future losses.  Estimated future losses may include future lost wages, benefits, and costs for future medical procedures.  These estimations may be complicated by potential pay raises, inflation, and more.  Therefore, you will want an attorney who knows how to make these calculations and provide evidence to back them up.

Call us today at (980) 246-2656or fill out our online contact form to schedule your free initial consultation. We look forward to helping you recover.