Representing the Victims of Drunk Driving Accidents

If you or someone in your family suffered a serious or fatal accident caused by a drunk driver, contact an experienced personal injury lawyer at the Delius Law Firm in Atlanta. We help the victims and surviving families of those injured or killed in drunk driving accidents on Georgia roadways.

Although the general considerations involved in proving the other driver's liability and the nature and extent of your damages are not much different in drunk driving cases from other motor vehicle accidents, there are some important distinctions. Most obviously, the impaired state of a drunk driver means that there is less likelihood that effective emergency braking or swerving tactics will reduce the vehicle's speed at impact or turn a head-on collision into a glancing blow. The reduced reaction times and ability to perceive traffic hazards that characterize the drunk driver too often mean that their crashes are more likely to result in serious injuries or death.

Another important difference between ordinary traffic accidents and those involving alcohol is the possibility of establishing liability against a bar, restaurant, or party host for your damages. These so-called "dram shop" lawsuits aim to prove that the person selling or serving drinks knew or should have known of the risk that an obviously intoxicated person might cause a serious wreck when driving home. Although the necessary facts can be difficult to investigate and prove, they can give the personal injury or wrongful death plaintiff an advantage by providing an additional source of recovery for a high damages settlement or jury verdict.

Punitive damages can also be pursued in a suit against a drunk driver, although there might not be much point in pursuing them against an underinsured or insolvent motorist. Such damages would never be dischargeable in bankruptcy, however, so at least theoretically the victim or victim's family would have the right to garnish wages or proceed against the drunk driver's assets for many years to come after the accident. There may also be recovery against the injured party's own uninsured or underinsured motor vehicle insurance carrier.

Why hire Scott?

Atlanta personal injury attorney Scott Delius can explain all of your legal options and strategic opportunities while you are recovering from the physical and emotional trauma of a drunk driving accident. He can also help you get access to the medical and therapeutic resources that you will need for your recovery, while at the same time preparing your claim for presentation at settlement negotiations or at trial.

For a free consultation about your ability to recover money damages against a drunk driver or the person who served the driver past the point of intoxication, contact the Delius Law Firm in Atlanta.