Atlanta DUI Accident Injury Attorney
Atlanta DUI Accident Attorney Walter Gabriel is well aware that though the ubiquity of ride-sharing applications — such as Uber and Lyft — has done much to reduce DUI accidents and related injuries and deaths across the country, intoxicated driving continues to be a serious issue.
In fact, the recklessness of drivers under the influence in Louisiana exposes drivers, passengers, and pedestrians to a heightened level of danger. According to a motor vehicle safety report conducted by the Center for Disease Control and Prevention, there were 5.2 deaths (in crashes involving a drunk driver) per 100,000 people in Louisiana, compared to 3.3 deaths per 100,000 people nationwide. Despite these harrowing statistics, nearly 2.5 percent of drivers in Louisiana report that they drive after drinking to excess. Your chance of being involved in a DUI accident is therefore unnervingly high.
If a DUI driver caused your accident in Louisiana or Georgia, or if your loved one has died due to a drunk driver, then you may bring an action for significant damages. The Law Firm of Walter Gabriel, LLC can help. We encourage you to contact us so we can evaluate your claims and help you understand your rights.
Our legal team takes drunk driving accidents seriously. Whether you were harmed by an intoxicated motorist, truck driver, or motorcyclist, we can pursue compensation on your behalf. An Atlanta drunk driving accident lawyer from our firm can investigate your situation, negotiate a settlement, and litigate your case.
Intoxicated drivers are a danger to everyone on the road. If you were involved in an accident caused by a drunk driver, you may be entitled to compensation for your injuries and other damages. The experienced Atlanta drunk driving accident lawyers at our firm can help you recover the compensation you deserve.
Drunk driving accidents often result in serious injuries or even death. If you were harmed in such an accident, you may be facing significant medical bills, lost income, and other damages. Our knowledgeable lawyers can help you recover the compensation you need to cover these costs.
If you have been involved in a drunk driving accident, contact our firm today to schedule a free consultation with one of our experienced Atlanta lawyers. We will review your case and help you understand your legal options. Our goal is to get you the compensation you need to move on with your life.
What Qualifies as a DUI Accident?
Driving while under the influence (DUI) is illegal in Louisiana, as in other states. The defendant-driver has committed a DUI if they:
- are at least 21 years old and have a BAC of 0.08 or more at the time of the accident;
- are below the age of 21 and have a BAC of 0.02 or more at the time of the accident; or
- were driving a commercial vehicle and had a BAC of 0.04 or more at the time of the accident.
It’s worth noting that intoxication does not require a minimum BAC level. If the driver consumes alcohol and has a low BAC level, but operates under impairment to the degree that he cannot safely operate a vehicle, he violated the law.
DUI accident victims may bring a claim against the defendant-driver for damages. If the driver operated their vehicle while “under the influence,” then he may be found negligent per se. In other words, you do not have the burden to prove that the defendant violated the standard of care. Instead, a court will find the defendant-driver negligent. This is so long as you can establish that he was “under the influence.”
Why Drivers Leave the Accident Scene after DUI Accidents
Drivers commit hit and run accidents for different reasons. One of the most common occurrences with hit and run drivers is that their driver’s license is suspended. When this occurs, the hit and run driver often is driving a vehicle with the permission of another person. And that person is often a biological parent or close relative. This often gives rise to additional parties who may be added as defendants, under additional theories.
Criminal Litigation and Civil Litigation Operate Independently Following DUI Accidents
DUI accidents often give rise to both criminal and civil litigation. It’s important to understand that criminal litigation will not prevent you from bringing a civil injury claim against the defendant. In fact, many plaintiffs worry that the outcome of the criminal prosecution will somehow impact their civil case. Criminal litigation operates by a stricter standard, however. So it’s possible for a defendant to be not guilty due to a lack of certain evidence in the criminal context, but liable for damages in the civil context.
Because DUI defendants have the ability to remain silent, this right applies to pending civil case. it is also important to hire an experienced attorney who is well aware of how to navigate deposing a defendant in a civil lawsuit who is facing charges in criminal court over the same motor vehicle collision.
Availability of Punitive Damages from DUI Accidents
Punitive damages punish defendants and prevent them from engaging in the same sort of dangerous conduct in the future. An award of such damages are discourages others in society from engaging in similarly dangerous conduct. Punitive damages operate as “bonus” damages that multiply the compensatory damages total. For example, a $50,000 DUI claim might lead to $150,000 in punitive damages for a $200,000 total — a significant difference.
In Louisiana, there is a general tendency against the provision of a punitive damages award in personal injury litigation. However, drunk driving accidents are a special exception to this rule. Article 2315.4 of the Louisiana Civil Code allows courts to award punitive damages if the plaintiff suffered injuries as a result of the defendant driving while under the influence of drugs and alcohol, and the defendant’s conduct showcased wanton or reckless disregard for the safety of others.
Not all DUI accidents will necessarily give rise to punitive damages. The conduct must be sufficiently egregious to justify them. For example, if the defendant-driver consumed a substantial excess of alcohol and refused to call a taxi to pick them up, then that might be enough for the court to award punitive damages.
Contact an Experienced Atlanta DUI Accident Attorney for a Free and Confidential Consultation
Here at the Law Firm of Walter Gabriel, LLC, we have extensive experience litigating a range of personal injury claims, including those that arise out of motor vehicle accident scenarios involving a drunk driving defendant.
Attorney Walter Gabriel has served in multiple capacities in the courtroom, as a prosecutor and a plaintiff’s-side attorney, giving him unique insight into the particular tactics employed by defendants. He understands how to secure a successful result in litigation, whether through settlement negotiation or at trial. Find out if you have a case. Call 404-549-6742 or submit a case evaluation form online to request a free and confidential consultation with a skilled Atlanta DUI accident attorney at the Law Firm of Walter Gabriel, LLC today.
Every Civil Case Comes with a Filing Deadline
If you’re considering filing a civil lawsuit, it’s important to be aware of the deadlines that may apply. In general, you have two years from the date of the incident to file a lawsuit. However, there are some exceptions to this rule. For example, if you’re suing a government entity, you may have a shorter filing deadline. Additionally, the statute of limitations may be different if you’re suing for defamation or personal injury.
It’s important to consult with an experienced attorney to determine the applicable deadlines in your case. Failing to file your lawsuit within the required timeframe could result in your case being dismissed. Don’t wait until it’s too late to take legal action. Contact our office today to schedule a consultation. We can help you understand the deadlines that apply in your case and take the necessary steps to ensure your rights are protected.
You Pay No Fees Unless We Win
At Walter Gabriel law, we understand that financial stability is important after an accident. That’s why we work on a contingency-fee basis – so you pay nothing up front for our legal services. You only pay our attorney’s fees if we’re able to secure compensation for you. And we take payment from your winnings, so there’s no additional financial burden on you.
If we are unable to secure a settlement or judgment in your case, you pay nothing. We’re dedicated to getting you the compensation you deserve, and we won’t rest until we do. Contact us today for a free consultation.
We Will Pursue These Losses for You and Your Loved Ones
Your personal injury case may entitle you to recover a wide range of damages. We will fight for the full and fair compensation you deserve, including damages for your past, present, and future losses.
Medical bills, lost income, pain and suffering, property damage, and more may be included in your settlement or verdict. If you have been left with a permanent disability or disfigurement, we will also seek damages to compensate you for your physical and emotional trauma. You should not have to bear the financial burden of someone else’s negligence. Our experienced personal injury attorneys will fight for the just compensation you deserve. Contact us today for a free consultation.
What Can a Drunk Driving Accident Injury Lawyer in Atlanta do for Me?
If you have been injured in a drunk driving accident, you may be wondering what an Atlanta drunk driving accident attorney can do for you. The answer is: a lot. Your attorney can help you recover damages resulting from your injuries, including medical expenses, lost wages, and pain and suffering.
Your attorney will also work to hold the drunk driver accountable for his or her actions. This may include filing a civil lawsuit against the driver, as well as working with prosecutors to file criminal charges. By taking legal action, you can help to ensure that the drunk driver is held accountable and that others are deterred from driving while intoxicated. If you have been injured in a drunk driving accident, contact an experienced Atlanta drunk driving accident attorney today. Your attorney will fight for your rights and help you recover the compensation you deserve.
We Will Investigate What Caused Your Accident in Atlanta, GA
If you’ve been injured in a car accident, it’s important to understand what may have caused it. At our law firm, we will thoroughly review the evidence in your case to determine if the other driver was driving recklessly. Some common causes of car accidents include speeding, tailgating, road rage, drag racing, and failure to obey traffic signals and guidelines. Distracted driving, drowsy driving, and failure to use a turn signal or headlights can also lead to accidents.
If we determine that the other driver was driving recklessly, we will fight to get you the compensation you deserve. We understand how devastating car accidents can be, and we’ll do everything we can to help you get your life back on track. Call us today to schedule a free consultation. We serve clients in Atlanta, GA and the surrounding areas.
Why Choose Walter Gabriel Law for Your Drunk Driving Accident Case?
If you’ve been involved in a drunk driving accident, you may be wondering how to choose the right law firm to handle your case. At Walter Gabriel Law, we specialize in helping victims of drunk driving accidents get the compensation they deserve.
Here are some of the reasons why you should consider us for your case:
- We have a proven track record of success. We’ve won six- and seven-figure results for our clients in drunk driving accident cases.
- We have extensive experience handling these types of cases. Our attorneys have years of combined experience handling drunk driving accident cases. We know how to navigate the complex legal system and get results for our clients.
- We’re dedicated to helping our clients. We understand the physical, emotional, and financial toll that a drunk driving accident can take on victims and their families. We’ll work tirelessly to get you the compensation you deserve so that you can move on with your life.
If you’ve been involved in a drunk driving accident, contact us today to schedule a free consultation. We’ll review your case and help you understand your legal options.
You Can Seek Compensation Even If You Partially Caused the Accident
Even if you were partially at fault for the accident, you may still be able to seek compensation for your damages. Under Georgia law (O.C.G.A. $ 51-12-33), if you are not more than 49 percent at fault, you can still recover damages from the other driver.
However, it is important to keep in mind that your award may be reduced by your percentage of fault. For example, if the police determine that you were 30 percent at fault for the accident and the other driver was 70 percent at fault, and your damages total $100,000, your award would be reduced by 30 percent, leaving you with $70,000. If you have been in an accident and are unsure of your legal options, it is important to speak with an experienced personal injury attorney who can help you understand your rights and seek the compensation you deserve.
Take the Following Steps If You’ve Been Injured in an Atlanta Auto Accident
If you’ve been injured in an Atlanta auto accident, you may be wondering what steps you need to take to ensure the best possible outcome for your civil case.
Here are a few things to keep in mind:
1. Seek medical attention as soon as possible. This will not only help you recover physically, but it will also create a record of your injuries that can be used as evidence in your case.
2. Gather evidence. This may include photos of the accident scene, witness statements, and your own account of what happened.
3. Hire an experienced attorney. An experienced car accident lawyer will know how to navigate the complex legal system and fight for the compensation you deserve.
4. Be patient. The process of filing a civil suit can be lengthy, but it’s important to remember that justice is often worth the wait.
If you’ve been injured in an Atlanta car accident, following these steps will help you secure the best possible outcome for your case
How Much Could I Get in a Settlement or Award?
The answer is: It depends. Every case is unique, and every accident settlement or award is unique as well. Typically, we can tell you more about a goal amount we will seek for your case after we investigate your case’s evidence. We can then explain how we arrived at that goal amount.
But in general, the amount of your settlement or award will depend on many factors, including:
- The severity of your injuries
- The cost of your medical treatment
- How much income you lost because of your injuries
- Whether you will have any long-term effects from your injuries
- The pain and suffering you endured because of your injuries
- Whether the other party was entirely or partially at fault for the accident
A skilled personal injury lawyer will know how to maximize the value of your claim by carefully evaluating all these factors. If you have been injured in an accident, contact a personal injury lawyer today to learn more about how much your case may be worth.
Can I Sue the Responsible Driver?
If you or a loved one have been involved in a car accident, you may be wondering if you can sue the responsible driver. The answer to this question depends on many factors, including the severity of the accident and the state in which it occurred.
In some cases, it may be possible to seek a settlement from the responsible driver’s insurance company. However, if the accident was particularly severe or if the insurance company is unwilling to negotiate in good faith, you may need to file a lawsuit. If you’re considering taking legal action after a car accident, it’s important to consult with an experienced personal injury lawyer. A lawyer can help you understand your rights and options under the law.
Common Injuries in An Auto Accident
There are several different injuries that accident victims can suffer after a car accident. Some of the most common include chest injuries, seatbelt injuries, broken bones, concussion injuries, knee injuries, and back and neck injuries. Each type of injury can range in severity from minor to severe, and some may even be life-threatening. If you or a loved one have been involved in a car accident, it is important to seek medical attention as soon as possible to determine the extent of any injuries.
Some injuries, such as broken bones, may require surgery and a lengthy recovery process. Others, like concussions, can lead to long-term problems if not properly treated. It is important to be aware of the potential risks and complications associated with any injuries you may have suffered in a car accident.
How Drunk Drivers Cause Crashes
Drunk driving is one of the leading causes of crashes on our roads today. Alcohol impairment can cause a driver to lose focus, awareness of their surroundings, and the ability to maintain control of their vehicle. This can lead to serious accidents that injure or kill innocent people.
Some common types of drunk driving crashes include head-on collisions, rear-end collisions, single-vehicle crashes, and rollovers. Drunk drivers often drive too fast for conditions or fail to yield the right of way, which can result in a serious crash. If you are injured in a drunk driving crash, you may be able to file a personal injury lawsuit against the at-fault driver to recover compensation for your damages.
If you have been injured in a drunk driving crash, contact an experienced personal injury attorney to discuss your legal options. An attorney can help you investigate the accident and gather evidence to support your claim. They can also negotiate with the insurance companies on your behalf and fight for the full compensation you deserve.