When a truck driver chooses to operate their vehicle while under the influence of drugs or alcohol, they are choosing to engage in criminal behavior that should be met with both action from the state and anyone else who suffered injuries as a result of their carelessness. Whereas the state will pursue criminal charges, the victim can pursue a civil claim for compensation in order to make themselves whole again.
If you wish to file an injury claim, get in touch with an attorney who is familiar with the common facts about intoxicated truck driver accidents in Sandy Springs. By having a knowledgeable attorney at your side, you may be able to prove negligence against the at-fault party and acquire the monetary damages owed to you. To get started on your case, schedule a consultation today.
What Happens if the Victim is Also Responsible for the Accident?
In situations where the injured driver would be partially responsible, a jury would most likely reduce the money that person could get in a lawsuit. Georgia allows the jury to apportion fault to anybody that may have caused or contributed to the accident.
For example, if an injured driver was 30% at fault for the accident, then the jury would apportion that fault to them and they would not be able to recover 30% of this jury award.
Common Damages Seen in Truck Driver Intoxication Cases
There is a special statute that allows untapped punitive damages if they have been injured by someone who is intoxicated by drugs or alcohol. Punitive damages are separate and on top of any compensatory damages that the injured person can get for medical expenses, lost wages, other economic damages.
If they are injured by someone who has been impaired by drugs or alcohol, then the jury can award whatever unlimited number they think is appropriate to punish that driver.
Do Cases Regarding Intoxication Typically Get Settled or go to Trial?
Typically, cases where the defendant driver was intoxicated get settled before they go to trial. Companies do not want bad evidence of drivers being intoxicated and causing an accident. They also do not want to put those in front of a jury, so they typically settle. Cases regarding intoxication often settle for a larger amount in comparison to other injury cases where alcohol or drugs did not play any factor.
Are Personal Injury Cases and DUI Cases Handled Separately?
Personal injury cases are handled separately from a DUI case. However, if a person is convicted of driving under the influence, the victim injured by their inebriation could use their conviction as evidence in their case. This means that the plaintiff will try to keep themselves updated regarding the criminal case of the defense and hope that they can come away with undisputable evidence in their favor.
How can a Lawyer Help?
An attorney can provide assistance to victims looking to recover compensation by getting in touch with the investigating police officer and obtaining evidence regarding the drunk driver. If there is an ongoing criminal case going on at the same time as the civil case, the value of the civil case may increase. An attorney could also help with investigating the history of the drunk driver and find out whether they have been convicted of DUI’s in the past.
For more information regarding the common facts about intoxicated truck driver accidents in Sandy Springs, schedule a consultation today. Our knowledgeable attorneys are available to answer any questions you might have as well as provide you with professional legal assistance.