We all know how dangerous it is to drink and drive. Yet people do it every day. You go out for the night and don’t realize how much you’ve drunk. You think you’re okay to drive and turn down the option of calling Uber or Lyft. The next thing you know, you’re being arrested for DUI.
If you get into a crash while driving drunk, you’ll be dealing with more than a DUI charge. You’re going to be sued for any injuries you caused the victim. Their lawyer will demand that you pay his client the following:
- Medical Bills
- Lost Wages
- Property Damage
- Pain and Suffering
- Permanent Disability
Your insurance will have to defend your case. However, you could still be held liable for some of the damages. If for some reason you don’t have insurance, you’ll be held personally responsible for all of the plaintiff’s damages. This could mean your property and assets are at risk.
This is why it’s important to let your DUI attorney in Atlanta know where you were drinking prior to your accident. The bar or restaurant who overserved you may be responsible for some of the plaintiff’s injuries. In fact, they could be liable for your injuries as well.
If you’re arrested for a DUI and named in a personal injury lawsuit, you don’t want to handle it yourself. You need to call a DUI attorney in Atlanta. Your attorney will do his best to defend you in your case. They’ll also try to get your charges reduced or dismissed.
Who Else May Be Responsible?
If you get into a drunk driving accident, your DUI lawyer in Atlanta will do his best to make sure you’re not the only one held responsible. Depending on where you were drinking prior to your accident, there could be several other people responsible.
Some of these other parties include:
- Any other drivers involved in the accident
- The bar or club where you were drinking
- A friend or third-party whose party you were at prior to the crash
- A hotel or casino valet who returned your car keys when you were clearly drunk
Technically, you can be charged with DUI if your BAC (blood alcohol content) is over .08. Whether or not these other parties can be held responsible for your accident may depend on how high your BAC was at the time of the crash.
What Will Your Atlanta DUI Lawyer Have to Prove?
Quite frankly, you shouldn’t care who’s held responsible for the accident as long as it isn’t you. As much as you may not want to get a friend or family member in trouble, you have to look out for yourself. So does your Atlanta DUI lawyer.
Keep in mind. You’re not actually blaming the individual. You’re asking their insurance company to be held liable for the damages claimed in your lawsuit.
In order to hold a bar or restaurant liable for your crash, your lawyer will have to prove negligence. This means they’ll have to demonstrate the following four (4) things:
- The bar had a duty to not over-serve their patrons
- They breached this duty
- You were injured
- Your injuries were caused by the defendant’s being over served at the bar
Some of the ways your lawyer can prove this include:
- They served alcohol to a minor and never asked for proof of age
- They served someone who appeared to be intoxicated
- They served someone after hours
- The bar served someone who would probably become intoxicated after consuming the drinks
If your lawyer can prove these things, they may be able to take some of the blame off of you.
Contact a DUI Attorney in Atlanta Today
If you’ve been charged with DUI in Atlanta, you need to contact an Atlanta DUI attorney. This is even more true if you’re drunk driving charge involved a motor vehicle accident. If you’re convicted of DUI, chances are, you’ll be found liable for the other driver’s injuries.
Obviously, the best outcome is that your DUI charges are reduced or dismissed. Your attorney will work hard to prove that you weren’t drunk at the time of your arrest. There are several ways they’ll do this:
- The traffic stop was unlawful
- You weren’t driving at the time of the stop
- You weren’t drunk at the time of the accident
- The field sobriety test was not administered properly
- The breathalyzer machine was not working right
Call and speak with an Atlanta DUI lawyer today. There is simply too much at stake to handle this yourself.