Author: Jay Howard
DUI accidents are traumatic enough for those injured at the hands of careless, intoxicated drivers. Shockingly, a DUI conviction is not necessarily enough to assign fault in this accident type. Rather, you have to prove that the individual in question was negligent, which is not always as cut-and-dried as it may seem.
This is one of the reasons that working with a reputable Atlanta DUI car accident lawyer is so important when attempting to prove negligence. Tabbaa Law has worked with countless victims of DUI accidents and understands all too well what is necessary to be successful on this claim type.
How Car Accident Liability Is Determined
When it comes to car accidents, DUI involved or otherwise, four factors typically prove liability. They include:
- Established duty of care: This is the less challenging component because anyone that operates a motor vehicle has a duty of care to others to drive safely and obey traffic laws.
- Violation of duty of care: Driving under the influence certainly contravenes any duty of care guidelines.
- Negligence caused the accident in question: The negligent act must be the element that directly caused the accident and ensuing injury or issue. For example, if someone runs a red light and causes a crash with a drunk driver, the intoxicated driver would not be at fault since they were not the one running the red light.
- Quantifiable losses: For instance, if you were physically harmed in a DUI accident or suffered lost wages, these losses are considered measurable.
This means that drunk drivers in Georgia are not automatically at fault. Rather, once we are able to prove these four factors, then it becomes much more likely to hold a driver responsible for causing an Atlanta DUI car accident.
A DUI Conviction Is Not Always Necessary to Determine Fault
If a driver was operating their vehicle under the influence, a criminal conviction is not always necessary to prove fault in a civil case. For instance, you should not be penalized if a driver caused a DUI accident but pleads to a lesser charge to avoid more stringent punishment within the criminal justice system.
Criminal and civil cases have different standards of proof. A personal injury lawsuit stemming from a DUI car accident is less stringent from a legal perspective than throwing the book at someone who drove under the influence in a criminal case. As such, while a drunk driver is not automatically at fault in a Georgia car accident, a conviction is not always necessary to hold them accountable for damages. If you’ve been in a car accident involving a drunk driver, consider consulting an Atlanta DUI accident lawyer to learn how you can best prove fault.
Consult with an Atlanta DUI Car Accident Lawyer to Learn More
Being involved in an Atlanta DUI accident can be impactful in myriad ways, from damage sustained to your vehicle to any injuries you may have suffered due to this level of negligence. Our goal is to ensure that you are properly compensated for your pain and suffering. We have an extensive background in helping those injured in these kinds of accidents get the outcome they deserve. We may be able to help you as well.
Reach out to Tabbaa Law to learn more about how we might be able to help with your DUI accident case today. Give us a call at (770) 370-7881 or reach out via our online contact form to schedule a complimentary case review.Auto Accidents