According to statistics from the National Highway Traffic Safety Administration (NHTSA), 2,597 people were killed in United States traffic accidents in December 2010. Of those, 775 deaths involved alcohol-impaired drivers. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.
Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.
A 42-year-old Georgia man who was under the influence of drugs was recently arrested after causing an auto accident that killed one child and seriously injured a second. The driver, a four-time convicted felon, had been on probation and was driving with a suspended license at the time of the accident.
The driver allegedly ran from the accident scene, leaving his girlfriend's two injured children behind. One of the children, a six-year-old, died of his injuries. After a 12-hour manhunt the driver was taken into custody. He has been charged with first degree vehicular homicide, leaving the scene of an accident, driving under the influence, DUI child endangerment, serious injury by vehicle, driving on a suspended license, failure to maintain lane and two child restraint violations.
The victim's family has a potential claim against the driver for wrongful death. There are two types of death claims that may be pursued by the deceased's family under Georgia law: surviving family members may file a claim pursuant to Georgia's wrongful death statute or a claim may be pursued by the victim's estate. Wrongful death claims may involve complicated issues that include whether the victim left a will, his marital status, whether he had any children, whether he was due to receive an inheritance, the nature of medical care and expenses following the accident and whether the victim suffered as a result of the accident. A case's unique facts will determine who is entitled to settlement or verdict recoveries, which people may pursue wrongful death claims and the values of each claim. A successful claim is aided by the expertise of an experienced Clayton County wrongful death attorney.
If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next? Contact Shane Smith Law to schedule a free legal consultation.