Cumming DUI Accidents Attorney

If you were the victim of a car accident caused by a drunk driver, contact Jonathan R. Brockman, P.C. Someone who drives under the influence of alcohol puts themselves and the occupants of other vehicles at risk.

It’s a serious problem that all too often leads to debilitating injuries and fatalities. If you were hurt by a drunk driver who’s been charged with DUI, you could pursue a lawsuit against them in the civil court system.

You have the right to hold the reckless driver accountable for their actions. They chose to drink and drive. As a result of their poor decision, you sustained injuries.

You needed medical treatment and got stuck with the bills. You should have to shoulder the costs associated with a car crash you didn’t cause. The other driver should be the one to pay.

To find out more about how Jonathan R. Brockman, P.C. can help you after your car accident, call us at (770) 205-8827 and ask to speak with one of our Cumming DUI accident lawyers. Take the first step on the road to full, fair compensation today.

What Is DUI?

DUI stands for driving under the influence. In Georgia, there are two types of violations that fall under DUI:

  1. The results of a blood alcohol concentration test are 0.08% or higher; or
  2. An officer determines that a driver they see on the road is driving under the influence.

The term “under the influence” can cover individuals intoxicated by both alcohol and drugs. Ingesting anything that impairs driving abilities and operating a vehicle is illegal. People who do so anyway drive with reduced reaction time, poor decision-making skills, blurry vision, and the inability to focus on the task at hand.

When someone operates a motor vehicle with drugs or alcohol in their system, the risk of an accident occurring increases drastically. Injuries are typically more severe and may result in someone’s death. The seriousness of these consequences is why injured victims of drunk drivers have the right to demand compensation for their medical expenses, missed work, and pain and suffering.

Take These Steps If You’re Hurt in a DUI Accident

If you sustained injuries in a car crash caused by an impaired driver, follow the recommendations below. Protecting your rights and ensuring you can file a lawsuit against the other driver is crucial. Don’t risk your maximum settlement by skipping a step.

  1. Call 911. Report the accident to emergency responders and wait for someone to arrive at the scene and investigate its cause. They will complete a traffic crash report that shows their findings and whether they issued any traffic citations. You or your attorney can request a copy when it becomes available.
  2. Talk to people who witnessed the crash. Write down their names and phone numbers. They could provide testimony if your case goes to trial.
  3. Exchange auto insurance details with the other driver. Don’t forget their name and contact information.
  4. Take pictures of the accident scene, vehicle damage, debris on the road, skid marks, damage to property, such as street signs, and other significant evidence.
  5. Seek medical care. After you leave the crash site, go to a hospital or urgent care facility for an evaluation of your injuries. The doctor should provide an initial diagnosis and refer you for further treatment if necessary. Follow their orders and continue seeing your doctors until they release you.
  6. Keep copies of every document associated with the accident and your treatment.
  7. Hire a Cumming DUI accident lawyer, like ours at Jonathan R. Brockman, P.C.
  8. With your attorney’s help, file an auto insurance claim with the at-fault driver’s auto insurance company. If there’s a criminal case against them for DUI, the outcome of the criminal case could impact your insurance settlement.

Pursue Compensation with an Insurance Claim

Filing an insurance claim is usually the best way to recover financial compensation from the driver that caused your car accident. If there’s proof that they were driving under the influence, you could file a claim with their auto insurance company.

Georgia law requires all motorists to carry liability insurance with minimum coverage for bodily injury and property damage. The limits listed on their policy are the maximum amounts the insurer will pay to compensate injured victims for their losses.

Under the fault system, the person who causes a car crash automatically becomes financially responsible for the resulting injuries and expenses. In drunk driving crashes, the cause is usually clear, which makes establishing fault easy. If you incurred expenses while treating for your injury, you could use the drunk driver’s liability insurance to cover those costs, or damages. Losses associated with an accident or injury are known as damages. Economic damages are expenses, while non-economic damages are intangible losses. They include the following:

  • Medical treatment
  • Pain and suffering
  • Car repair or replacement
  • Lost wages and lost future earnings
  • Emotional trauma
  • Disability or disfigurement
  • Diminished quality of life

Despite laws requiring Georgia drivers to carry insurance, some don’t. If your attorney discovers that the at-fault driver doesn’t have liability insurance, they might advise you to file a claim with your own insurance company.

UM (uninsured/underinsured motorist) is the coverage you can purchase on your policy to cover your damages if the other motorist doesn’t have insurance or their limits aren’t high enough.

Under a UM claim, you could receive compensation for the following damages:

  • Past and future medical bills
  • Lost wages
  • Out of pocket costs
  • Pain and suffering
  • Lost earning capacity

Jonathan R. Brockman, P.C. Will Prepare Your Claim

You must have sufficient evidence to prove that the other driver was drunk at the time of the car accident. If you can’t prove it, their auto insurance company won’t want to pay.

Insurance companies always look for reasons to deny claims or provide low settlement offers. If you sustained injuries, you need fair compensation from the drunk driver who hurt you and their insurer. Don’t leave it to chance. Choose Jonathan R. Brockman, P.C.

When you hire us, we’ll investigate the accident and obtain evidence that the other driver was under the influence of alcohol or drugs, which led to your injury.

Examples of relevant evidence include:

  • Police report
  • Video surveillance
  • At-fault driver’s bar tab or restaurant receipt
  • At-fault driver’s chemical test results
  • Photos of the crash site
  • Statements from witnesses to the accident
  • Documents from the DUI criminal case
  • Statements from witnesses that saw the driver drinking before getting in their car
  • Car repair estimates for all vehicles involved
  • Copies of your medical records

At Jonathan R. Brockman, P.C., we understand the procedures that build a strong case for our clients. We have the resources necessary to locate key evidence to back up your claim and prove the other driver’s negligence. You can depend on us to fight hard to protect your rights and seek the money you need and deserve.

How a Lawsuit Could Affect Your Financial Compensation

If you decide you want to file a lawsuit against the drunk driver, you have a right to do so. Lawsuits are a bit more involved than insurance claims, so they take longer. Your Cumming DUI accident lawyer will take care of the process for you.

There’s a deadline for pursuing legal action against another party in the civil court system known as a statute of limitations. The statute of limitations for a car accident in Georgia is two years.

That means you have two years from the crash date to file a lawsuit against the at-fault motorist. After two years pass, you may lose your right to compensation. Check with your attorney to understand your deadline.

If the other driver faces a DUI conviction, the statute will stop temporarily. You can wait for the results of their criminal case before filing a lawsuit against them. Once the criminal case concludes, the statute would begin again.

Typically, guilty DUI verdicts help secure the outcome of civil cases involving drunk drivers. If the motorist that caused your injuries is convicted, your attorney could use that as leverage to increase the amount of compensation you win in a settlement or judgment.

Besides claiming economic and non-economic damages, you may also be able to seek punitive damages. Punitive damages are awarded to an injured victim if the defendant’s actions were particularly egregious, grossly negligent, reckless, or lacked regard for another person’s safety. They’re meant to punish the individual for their actions rather than compensate the victim for their losses.

Choose Jonathan R. Brockman, P.C.

Our Cumming DUI accident lawyers understand what you’re going through. You’re recovering from the car accident the drunk driver caused and want to hold them liable for their decisions.

They chose to get behind the wheel while impaired by alcohol. They knew that it could lead to injuries or fatalities, but they did it anyway. They should suffer the legal consequences and pay you the maximum compensation available.

When you hire Jonathan R. Brockman, P.C., our Cumming car accident lawyers will treat you like a priority. We’ll be by your side throughout your case to guide you through the process. You can count on us to advise you of the best legal options available to you.

Above all, we know you want to leave this traumatic experience behind. We’ll work efficiently to resolve your case so you can move forward.

We offer free consultations to new clients. If you want to discuss your car accident and find out more about the legal services we provide, call us at (770) 205-8827. Schedule your free, no-obligation consultation right now.

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