After a car crash, it’s hard to keep your composure, typically you’ll feel scared, helpless and even angry, especially if the one who is to blame was intoxicated. If the driver who caused the accident was a drunk driver, he will face criminal charges, but this doesn’t help you when you need to recuperate after injuries, lost monetary wages, and the cost of expensive medical bills. The law offices of Ted A. Greve & Associates, Injury Lawyers in Atlanta will be there for you to help you recover compensation through bringing an insurance claim.
Drunk Driving: Difference Between Criminal and Civil Actions
If a driver is operating a motor vehicle while under the influence of alcohol, criminal actions can be faced by the driver. These criminal actions could include fines owed to the state and time in prison. This does nothing to help compensate the victims in a car crash caused by an intoxicated driver. In order to receive benefits, you must file a civil action.
Evidence can be used in these cases, such as the motorist’s BAC or blood alcohol concentration which should be recorded during a criminal investigation use in your civil action. If the driver’s blood alcohol limit was above the legal limit at the time of the accident, then we know that the driver was unfit to drive and was not being responsible on the road.
Here is an overview of the legal limit for blood alcohol content in Georgia, focusing on the Atlanta Metropolitan Area:
- Commercial driver: .04 percent
- Non-commercial drivers over the age of 21: .08 percent
- Drivers under the age of 21: .02 percent
Pursuing a Civil Action against a Drunk Driver
If you have been in an accident caused by a drunk driver it is necessary to provide certain evidence:
- The driver was under the influence and his level of intoxication
- He was an unsafe driver and negligent on the road due to his intoxication
- The accident that ensued was due to the driver’s negligence
- You dealt with damages and injuries
Once you’re able to prove these, you might be able to recover punitive damages, as well as, lost wages and medical expenses. In Georgia, a court may give punitive damages to penalize someone who was in the wrong. Under these circumstances, such damages could be appropriate.
Besides punitive damages, there are other damages that may be recuperated after the event of a DUI-related car crash:
- Any medical expenses in the past or future
- Lost pay
- Reduced earning capability
- Property loss
- Physical therapy (or other types of therapy)
- Other damages such as pain and suffering
To figure out what you need to do to protect your rights, contact our dedicated Atlanta car accident law attorney today. Call the law offices of Ted A. Greve at 844-409-0999.