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Georgia Criminal Defense Lawyers > Blog > Personal Injury > DUI Car Accident Proves Fatal

DUI Car Accident Proves Fatal


Recently, a fatal two-car crash took place on the downtown connector. According to police, the accident happened on I-75/85 southbound, near the Williams Street exit at about 4:00 in the morning. Police stated that the accident occurred when a woman driving a Hyundai compact pick-up truck rear-ended a Lexus sedan. Each driver was the only occupant of their vehicle. Both drivers were transported to local hospitals for medical treatment. However, the driver of the Lexus unfortunately died. Investigators at the scene determined that the woman driving the Hyundai was intoxicated, and she was charged with DUI as well as first-degree vehicular manslaughter, DUI, reckless driving, and following too close.

Legal Liability for Drunk Driving Accidents

By driving on the roadways in Georgia, a driver impliedly agrees to follow all of its driving laws and regulations. These laws are designed to keep others on the road safe. When drivers break the law they put others on the road in danger. Breaking the law, such as by driving under the influence of drugs or alcohol that impair your ability to drive or by speeding, is thus evidence of negligence. Because of this, a DUI charge can serve as proof of de facto negligence, creating a presumption that the drunk driver caused the accident and was liable for all resulting harm. This can really help if you want to bring a civil suit to recover for damages that you suffered from the accident. A personal injury lawsuit, brought in civil court, aims to restore you to the position you would have been in financially had the accident never occurred.

Bringing a Personal Injury or Wrongful Death Lawsuit Against a Drunk Driver

If you or a loved one have been seriously injured or if there is a fatality as the result of another driver’s drunk driving, you can hold them legally responsible for the harm that they caused. If a driver is convicted of DUI this can be highly compelling evidence in civil court. Criminal court applies a much higher bar for findings of guilt. In order to find someone guilty in criminal court, the jury must find beyond a reasonable doubt that they committed the crime as alleged. However, in order to succeed in a civil court personal injury lawsuit, you must only show that the driver was more likely than not (more than 50%) liable. This means that if they are convicted in criminal court, your odds are incredibly good in civil court, and the police record and charges may serve as evidence to support your negligence claim.

Talk to an Atlanta Personal Injury Lawyer

If you or a loved one have been unfairly injured due to a drunk driver in the Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, anywhere in Georgia, the personal injury attorneys at Hawkins Spizman Trial Lawyers want to help. We will review the facts and circumstances of your case to determine the best path forward and will fight to get you the maximum amount of compensation available. Contact our Fulton County personal injury lawyers today to schedule your free consultation.



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