Awareness of drunk driving has grown nationwide, but DUI-related accidents remain sadly common in Cumming. Drunk driving kills one person every 52 minutes and injures dozens more. If you or someone you love were injured by a drunk driver, you have the right to recover compensation.
At John Foy & Associates, we have a 20-year history representing the victims of accidents, never the drunk drivers who caused them. Let our experienced Cumming drunk driving lawyers discuss your legal options for your case. Contact us and get your free consultation today.
What Counts As Driving Under the Influence in Cumming?
In Cumming, anyone whose driving is impaired by any substance can get convicted of drunk driving, also known as DUI. This includes:
- Alcohol
- Illegal drugs
- Legal drugs that affect your driving by making you drowsy, woozy, or lightheaded
In many cases, whether a driver is under the influence will be determined by their blood alcohol concentration (BAC). If the BAC is .08% or higher, they are under the influence according to the law.
A driver can be over the limit after just two drinks or, in some cases, less. Furthermore, even if the driver is under the legal limit, there are circumstances where they can still be considered impaired.
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Our Cumming Drunk Driving Victim Accident Lawyers Can Help You Win
We can help you understand the merits of your drunk driving accident case and help you choose the best course of action from all of your legal options. In addition, our lawyers will:
- Gather evidence and witness testimony to support your claim
- Consult with experts in various fields to prove your damages and injuries
- Handle all external communications with other parties on your behalf
- Handle the insurance company and ensure that any settlement offers are fair
- Represent you and your best interests at all times
Never underestimate the power you have once you retain an experienced lawyer to assist you. Even though you can fight for your claim alone, doing so puts you at a disadvantage. As you rest and recover from your injuries, allow us to fight for your rights after your accident.
What Should I Do If I Was Injured By a Drunk Driver in Cumming?
We urge all accident victims to be their own best advocates and take basic steps to help make sure their rights get properly enforced. In any accident that may involve a drunk driver, these steps include:
- Call the police. You will want a police accident report when you file your claim, and an arrest for DUI will go a long way toward proving your claim that the other driver was intoxicated. Always call 911.
- Tell the police you suspect the other driver is under the influence. Police have the training to recognize the signs of intoxication from both alcohol and drugs. They may ask the other driver to perform field sobriety tests or take a Breathalyzer test on the spot.
- Make a video of your conversation with the other driver. Suppose your video shows that the other driver was slurring their words, stumbling or unsteady on their feet, unnecessarily angry and aggressive, or had bloodshot eyes. In that case, these are all potential signs of impairment.
- Watch for disposal of evidence. An intoxicated driver may try to empty out containers, dispose of drug paraphernalia or take eye drops or breath spray. Watch the other driver and report anything you see.
- Get witnesses. Talk to anyone who may have seen the accident. Ask them for their name and contact information.
The most important thing to do after an accident is to get medical attention. Even if you don’t need to go to the emergency room, see a doctor as soon as possible to diagnose your injuries. We can help you see a doctor who understands common car accident injuries and the best way to treat them.
What Compensation Can I Recover After As a Drunk Driving Victim?
Drunk driving accidents are similar to other accidents in that you can recover 100% of your costs, including:
- Medical bills, medication, and rehabilitation
- Lost wages
- The cost of repairing your car
But DUI accidents are different. Your financial recovery can be much more significant in a DUI case because you are allowed to seek punitive damages under the Official Code of Georgia Annotated (OCGA) §51-12-5.1. Punitive damages are extra money above and beyond your costs, paid by the drunk driver and their insurance.
This extra money acts as a way to punish the drunk driver, deter others from driving under the influence, and help offset the impact of your accident on your life. No amount of money can make up for pain, serious injury, or the loss of a loved one, but a sizable financial award can help you keep your life on track financially as you recover.
Can I Receive Compensation for Pain and Suffering?
You can receive compensation for pain and suffering and plenty of other non-economic damages you sustained:
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death
- Disability and disfigurement
- Mental anguish and emotional trauma
Non-economic damages get calculated through a formula. Our drunk driving victim accident lawyers will always ensure that every single one of your damages gets appropriately accounted for. We won’t leave a single thing off of your final settlement total.
Can I Still File a Claim If I Was in the Car with a Drunk Driver?
Yes. All passengers in a vehicle have the same rights as any other accident victim, even if it’s the driver of your own car that caused the accident and even if they were impaired. In fact, you can still make a financial recovery even if you knew the driver had been drinking or using drugs. It was still their decision, not yours, that broke the law and caused the accident.
However, the local courts in Cumming can take a dim view of some accident claims if you were aware that the driver was drunk. They may award you less money than you deserve or deny punitive damages, depending on the specifics of your case. This is why it’s so important to speak to a good drunk driving accident lawyer.
How Much does It Cost to Hire a Cumming Drunk Driving Accident Lawyer?
It shouldn’t cost you anything unless you win your case. At John Foy & Associates, we don’t charge accident victims anything out of pocket. We follow a very simple pricing policy:
- You pay nothing for your consultation.
- You pay nothing upfront.
- You pay absolutely nothing, ever, if we don’t win you money.
Instead, if we win you a settlement, we take our fee at the end out of the money you win. This keeps your risk to a minimum, and we believe it is the fairest way to price our services.
File Your Claim Before the Deadline
You don’t have long to file a drunk driving accident claim. Georgia gives Cumming drunk driving accident victims two years to file, but the amount of time you have can change due to various factors surrounding your case.
The best practice is always to try to file as soon as possible once you receive medical treatment and build a strong case with an experienced lawyer. When you wait too long, you give the insurance company plenty of time to make a case against you. Don’t let this happen and jeopardize your chances of getting fair compensation.
Talk to a Cumming Drunk Driving Accident Lawyer for Free
You shouldn’t be left paying for an accident caused by someone else’s reckless behavior. Let John Foy & Associates help you. We offer a 100% FREE consultation to help you understand your legal options and make the best decision possible. Call us or fill out the form to your right and get your FREE consultation today.
404-400-4000 or complete a Free Case Evaluation form