How Is Fault Proven in a Drunk Driving Accident?

Proving fault can be puzzling to figure out alone, as every case is unique with different circumstances. However, fault is usually proven by establishing negligence. A car accident lawyer can help you through this process and assist in your pursuit of financial compensation.

At John Foy & Associates, our lawyers are ready to provide you with assistance after your car accident. In our many years of practicing personal injury law, we have handled a wide variety of car accident cases. We have hundreds of successful clients who have reached a settlement with us. For a free consultation, call us today.

How a Lawyer Can Help You Prove Fault

Proving fault follows these requirements:

• You must prove that the driver owed you a duty of care.
• Through a negligent act, the driver failed to uphold their duty of care.
• Because of their negligence, an accident happened.
• Through that accident, you were injured and sustained damages.

Victims can easily meet these requirements due to the nature of drunk driving accidents. All drivers owe a duty of care to others on the road and pedestrians on the sidewalk. Drinking alcohol and driving is exceptionally negligent behavior that causes many car accidents and over 10,000 deaths in 2019, according to the Insurance Information Institute (III).

Your accident occurred due to the drunk driver’s inability to drive safely on the road. The accident subsequently caused you damages you would not have to deal with now if the drunk driver had simply not gotten behind the wheel.

Evidence You Can Use Against a Drunk Driver

The more evidence you have against the other driver, the stronger your claim will be and the easier it is to prove fault.

Here are some examples of evidence you can present:

• The police report of the accident
• The other driver’s information, such as their license plate number and insurance information
• Photos of your injuries, damage to your vehicle, and the scene of the accident
• Surveillance footage, if available
• Information and statements from any witnesses
• Medical records documenting your injuries
• Copies of bills, medical records, police reports, and other important documents

Even if the information you find seems inconsequential, make a note of it anyway, just in case.

Damages You Can Prove in a Drunk Driving Accident

To prove fault, you need to prove the drunk driver directly caused the damages you sustained.

Here are some of the most common damages car accident victims suffer and how they can prove it.

Medical Expenses

After your accident, you may have to deal with severe injuries that can cause lifelong complications. In your claim, you can ask for damages to cover your medical expenses, such as:

• Prescription medicines and medical devices
• Hospital and emergency room visits
• Specialist visits
• Physical therapy
• Assisted living
• Medical treatment

Always retain your bills after receiving treatment. Our lawyers will use them to calculate how much the at-fault party needs to pay for your care.

Lost Wages

Obtain verification from your employer documenting how many days of work you missed. Else, you can receive a letter of termination if you lost your job due to your injuries. These will help you prove your economic hardship. It can also help you recover compensation for the wages you lost due to the accident.

Pain and Suffering

Many car accidents leave victims with personal injuries that impact their lives forever. Some are rendered permanently disabled or face chronic pain from their injuries. We consult with medical experts who can give testimony to explain the severity of your injuries. This will help you obtain compensation for the pain and suffering you have endured.

Vehicle Repairs

An accident can leave your car totaled, preventing you from having effective transportation to get around. When you get your vehicle repaired or replaced, you can seek reimbursement for the cost. Retain your repair invoices and mechanic’s notes to help prove and recover damage to your vehicle.

Georgia Is an At-Fault State

Georgia is an at-fault state, meaning that damages are paid by the at-fault party. You can file a claim and sue a drunk driver to cover whatever expenses you incurred due to the accident. Remember that Georgia also has comparative negligence rules.

Comparative negligence, according to the Official Code of Georgia Annotated (OCGA) §51-12-33, essentially means that you cannot sue the other party for damages if you were responsible for 50% or more of the accident. If you are less than 50% responsible, you can file a claim and whatever percentage you are liable for is deducted from your final settlement amount.

Proving Fault Is Easier with a Car Accident Lawyer

While it may be evident that a drunk driver is responsible for your crash, you still need to prove it when you file a claim. At John Foy & Associates, we are well-versed in Georgia laws at the state and local levels. We will help you fight for your rights and seek justice for what happened. Allow us to show you all of your legal options with a free consultation.