Every single day, individuals suffer injuries as a result of a drunk driving. Driving under the influence is not only against the law, but it is also a dangerous act that often puts thousands of people at risk. When these accidents happen, not everyone recognizes the legal matters involved.
One of the biggest questions moving forward is the concern over who is liable for the accident. Knowing who may be held responsible as a result of an accident caused by driving under the influence is important in seeking compensation and justice.
This makes it very important to recognize the laws in Georgia and who should be held accountable. While it’s easy for individuals to point the finger at who they feel is responsible, there are some factors that need to be considered.
The Person Driving Under the Influence
When someone is driving under the influence of alcohol or drugs, they have their senses impacted, often resulting in a number of negative effects. This includes fatigue, delayed response time, and trouble with depth perception.
Unfortunately, these actions can make it very difficult for drivers to avoid a serious accident. Drivers who are under the influence may often find themselves swerving in and out of lanes, speeding up and slowing down, or driving without their lights on.
This makes it easy for them to cause a serious crash, putting others in a position of sustaining serious injuries.
A Bar, Restaurant, or Establishment
In Georgia, dram shop law exists which allows injured individuals to hold bars, restaurants, or other establishments accountable if they serve an already intoxicated individual alcohol and allow them to drive, resulting in a serious crash.
The business has a responsibility to deny serving someone who is already visibly intoxicated and displaying functional problems. As such, should the bar or establishment ignore this duty of care and the drunk individual causes a crash, the injured person may file a separate lawsuit against the establishment.
A Social Host
Imagine someone throwing a party at their home where they are serving food and drinks. A person gets intoxicated, yet the host continues to supply them with alcohol. They allow the intoxicated party to drive and they cause a serious crash.
The social host can be held financially and legally responsible for some of the damages sustained by the injured individual. In these types of cases, the lawsuit filed against the social host is separate and in addition to the lawsuit against drunk driver.
Negligent Entrustment
In this situation, one drunk driver may feel as though they are unable to drive, so they let someone else drive their vehicle. However, if the other party is also intoxicated or under the influence, they may cause a crash.
If that crash results in injuries to someone else on the road, the injured party may file lawsuits against both the drunk driver, and the intoxicated individual who allowed the drunk driver to operate their vehicle when they should have known about the dangers involved.
Having a Lawyer Help You Navigate Your Claim
Unfortunately, not everyone recognizes all of the potential parties who can be held accountable for a DUI accident. There are a number of legal issues involved that need to be properly navigated and having a strong legal advocate can help this situation.
Drunk driving is a serious problem and our team at Goldstein Hayes & Lina, LLC is dedicated to helping stop the issue once and for all. We also recognize the importance of individuals taking legal action to help themselves after sustaining serious injuries in these types of actions.
Our Atlanta DUI accident attorneys feel as though taking legal action can help promote change. Individuals can see the consequences of these actions and the hope is that they recognize the pain they are causing and stop drinking and driving.