Do You Need an Attorney to Make a Claim Against a Drunk or Drugged for an Injury or Wrongful Death? Our Ellenwood Georgia attorneys can help.

If you or a loved one have been hit and hurt by a drunk driver, The Millar Law Firm can help you today. We understand the devastating problems that DUI accidents can leave accident victims and families with. Located near Ellenwood Georgia in Clayton County since 1993, our experienced drunk and drugged driving accident lawyers sue drunk drivers for maximum compensatory and punitive damages.

Don’t be a victim twice and pay our of pocket for expenses or attorneys fees after being hit by an intoxicated driver.

Contact The Millar Law Firm 24 hours, 7 days a week at 770-400-0000. We can begin working on your accident case now!

Table of Contents

Why Choose The Millar Law Firm For Your Ellenwood Georgia Drunk Driving Accident Case or Lawsuit?

The law firm you choose to represent you or your family can make a large difference in your case results. The Millar Law Firm has more than 30 years of experience in helping the victims of drunk or intoxicated driving, whether the at-fault driver was driving under the influence of alcohol, illicit drugs, or prescription medication.

Additionally, we look beyond the intoxication of the driver who caused the accident, into whether other contributing factors exist – such as whether the driver was over-served alcohol at a restaurant or bar, social event, or was sold alcohol at a store while noticeably intoxicated. In such cases, additional claims for recovery may be possible. We believe in fully and aggressively investigating all DUI and intoxicated driving accidents to seek the full compensation you deserve.

When you choose The Millar Law Firm for your Ellenwood-area personal injury claim, you will receive a team dedicated to your success. Each case we accept is assigned at least two attorneys and two paralegals. Not only does this assure you strong representation, but we pride ourselves on providing excellent communication and client service. We provide regular case updates, and if you should ever need to call the office a staff member assigned to your case is almost always available to speak with you.

How Is Your Law Firm Paid?

The Millar Law Firm handles drunk driving accident cases on a contingent fee basis. This means we do not charge a legal fee unless we recover money for you. Our fees are based on percentage of money recovered. You pay nothing up front.

If we sound like a good fit for your injury case, give our local office a call today at 770-400-0000 for a free consultation and case evaluation at no cost or obligation.

In a Georgia DUI Accident, An At-Fault Driver Can Be Shown to Have Been Under the Influence in Several Ways

Under Georgia law, there are numerous ways that a driver can be “under the influence,” and the criteria are set out in O.C.G.A. § 40-6-391. Under this statute, it is a criminal offense to drive or be in physical control of a vehicle if you: 

• Have a blood alcohol content (BAC) of .08 percent or higher, 
• Have a BAC of .04 percent or higher while driving a commercial vehicle, 
• Have a BAC of .02 percent or higher and are under 21, 
• Are under the influence of any alcohol, drug, or controlled substance (including prescription or over-the-counter medications) when a driver’s use made it “less safe” for him or her to drive, or 
• A driver had any amount of illegal drugs in their blood or urine. 

Under this Georgia statute, a driver can also be charged with DUI even if their BAC was below the specified limit.  

What Types of Illegal Drug DUI Accident Cases Has The Millar Law Firm Handled Against At-Fault Drivers?

Examples of cases in the Ellenwood area that we have handled where a driver was under the influence of illegal drugs include driving under the influence of marijuana, cocaine, heroin, methamphetamines, and Ecstasy. Evidence of illicit or illegal drugs is sometimes found at the scene by investigating police officers and documented in the accident report. In some cases the at-fault driver’s ambulance or medical records may provide evidence of intoxication.

Common prescription medications that can cause impairment may include opioids (e.g., Oxycontin, Vicodin, Morphine), Benzodiazepines (e.g., Xanax, Valium, Ativan), muscle relaxants (e.g., Soma, Flexeril), sleep aids (e.g., Ambien, Lunesta), stimulants (e.g., Adderall, Ritalin), and certain antidepressants or antipsychotics. Over-the-counter medications that may cause impairment can include antihistamines (e.g., Benadryl), cough suppressants, sleep aids, and others. 

Who Can Be Sued in a DUI or intoxication case in or near Ellenwood Georgia?

Depending on what the driver was doing at or before the time of the accident, potential civil defendants in a Georgia drunk driving accident case include one or more of the following people or companies:

• The Drunk or DUI Driver: You may file a claim or lawsuit for medical bills, lost pay, pain and suffering and punitive damages.
• A Bar, Restaurant or Social Host: This is known a Georgia Dram Shop Case. A provider of alcohol may have liability to the victim of drunk driving if it can be proven that the alcohol was provided or sold to the at-fault driver when he or she was in a noticably intoxicated condition and there is evidence of knowledge that the person would soon be driving.
• Businesses or Employer of the at-fault driver: When the at-fault drunk driver was driving for company business, driving a company car or attending a company event, a claim may exist against the driver’s employer.
• Negligent Entrustment: If a person entrusts thier vehicle to a driver whom they know to have been drinking or using illegal drugs, the owner of the vehicle may have civil liability in your case.

Why is Drunk Driving Considered to Be So Dangerous, and Why Does Georgia Civilly Punish Intoxicated Drivers?

There is no such thing as a “safe” amount of alchol to consume before driving. A drinking driver’s judgment and ability to make good decisions behind the wheel is the first thing to be affected. Alcohol affects any driver’s reaction time, feelings of drowsiness or alertness, and coordination. Drinking also affects a drivers ability to accurately determine their speed and proper braking distance.

Because drinking makes driving dangerous, Georgia’s public policy is to discourage driving after consuming alcohol. Evidence that a car, truck or motorcycle accident was caused by drinking alcohol is generally and often admissible in car accident cases. And, historically, Georgia Courts and Jurors do not take kindly to drunk drivers who injure our local residents, families or children. Jury awards in drunk driving accident lawsuits tend to be significantly larger than in “regular” car accidents that were caused by simple negligence.

How Does an Accident Case Change if the At-Fault Driver Was Under the Influence? 

To recover compensation for any car accident claim, the plaintiff must show that the other driver was negligent and that their negligence caused the accident. When there is evidence that the driver was under the influence at the time of the crash, civil damage awards tend to be higher because DUI is considered inherently dangerous behavior.  

Frequently Asked Questions About Ellenwood Georgia DUI Accident Cases 

Are DUI accidents covered by motor-vehicle insurance policies?

Generally, yes. DUI is still considered a form of “negligent driving,: and in most claims, victims are entitled to recover compensatory damages, including all economic and noneconomic losses, up to the policy limit of the at-fault driver. When it can be proven that the at-fault driver was driving under the influence, the victim may be entitled to additional compensation in the form of punitive damages.  Although some Georgia insurance policies attempt to exclude payment of punitive damages, many policies do not, and other policies are written in such a way that an attempt to exclude punitive damages is invalid.

Under Georgia Law, can I recover punitive damages if the at-fault driver was intoxicated?

Under Georgia law, in civil driving under the influence cases Juries may be given the option to award punitive damages, as (by drinking and driving) the at-fault driver exhibited “willful mionduct, fraud, wantonness, malice, or that entire want of care which would raise the presumption of a conscious indifference to consequences.” O.C.G.A. § 51-12-5.1(b). That is to say, under Georgia law, DUI meets the standard for an award of punitive damages.

If you can prove that the accident was caused by drunk driving, there is no cap on the amount of punitive damages you can receive—it is up to the jury to decide. 

Can an open container in a vehicle be used as evidence?

Yes. It is illegal to have an open container of alcohol in the vehicle while driving. If an at-fault driver was charged with having an open container, it may be admissible evidence in a civil claim involving a DUI accident. 

Is a driver automatically declared at fault if they are drunk?

No. Althoug a DUI charge is strong evidence in a car accident claim, the driver can only be held responsible if they actually caused the crash. There are rare examples of a drunk or impaired driver being hit by another vehicle through no fault of their own. In that situation, the drunk driver may be criminally charged with DUI, but not held liable in a civil claim for technically being “at-fault” in the accident. 

What is the difference between reckless driving and drunk driving?

Reckless driving occurs when a person causes an accident by driving “any vehicle in reckless disregard for the safety of persons or property.” O.C.G.A.§ 40-6-350. Some examples of reckless driving include excessive speeding, street racing, weaving in and out of lanes rapidly, tailgating, and DUI. Whether the driver meets the criteria for reckless driving depends on the circumstances, such as how fast they were going and whether people were present. 
With DUI, on the other hand, a driver is charged based on whether they were impaired by either drugs or alcohol. Even though DUI is a separate criminal charge in Georgia, a driver can be charged with both DUI and reckless driving after an accident. You can be awarded punitive damages for both as well, but the amount you can receive for a claim that only involves reckless driving is capped at $250,000. If DUI is also a cause, there is no limit. 

Can insurance companies exclude punitive damages from auto policies?

Sometimes yes, sometimes no. Some insurance policies contain an exclusion for punitive damages. The policy language must be carefully scrutinized to see if the exclusion is valid. In some cases even if the at-fault driver’s policy has a valid exclusion, a victim can still bring a claim outside of the policy to recover punitive damages. If found liable the driver, business or other responsible parties would have to pay punitive damages from their personal assets. 

How Our Ellenwood DUI Accident Lawyers Prove the Driver Was Intoxicated 

If you were injured in a DUI accident in Ellenwood, your lawyer will need to gather evidence that proves the driver was intoxicated. There are numerous ways to prove DUI, including: 

Breathalyzer, blood, or urine tests.

If the driver was arrested at the accident scene, they will have likely been given a breathalyzer or other test to determine their BAC. Evidence showing that the driver consumed alcohol or other substances that cause impairment can be used in a civil claim.

Body camera footage

Police officers often use body cameras when making arrests, and this footage might show that the driver displayed symptoms of impairment, such as slurring, stumbling, or unsteady gait.

Witness statements

If there were any witnesses at or near the accident scene, they may have observed the driver acting impaired, either by the way they were driving or their behavior after the crash. Your lawyer should interview all witnesses and record their statements to build a strong case.

Police reports

When police are called to the scene of an accident, the police report will often include a description of the driver’s behavior, including whether they were exhibiting signs of intoxication. If the driver was arrested, that will also be noted in the report. Your lawyer will need to obtain the police report as part of the investigation

Experts

A reconstruction expert can analyze the accident to determine whether the driver’s actions were consistent with intoxication. Often, the expert will look at the driver’s behavior and mistakes and identify whether a typical, nonimpaired driver would have acted the same way.

Medical records.

If the intoxicated driver was injured in the accident, their medical records may show they had alcohol or drugs in their system. This evidence can be used to prove DUI, even if the driver refused to take a breathalyzer at the scene.

Experience and Focus: The Personal Injury Cases Handled by Our Ellenwood Attorneys

An experienced attorney knows how to find other evidence to prove DUI, which may include photos, video footage, cell phone records, social media posts, and more. Because The Millar Law Firm has many years of experience handling DUI accident cases in Ellenwood, we know where to look for evidence, how to work effectively with local law enforcement, and which reconstruction experts are most knowledgeable in the area. 

If you have been hurt by a drunk driver, you should speak to an experienced attorney as soon as possible. Our lawyers know how to recover maximum compensation for your injuries and can answer any questions you may have about your claim. Call The Millar Law Firm today at (770) 400-0000 or contact us online to set up a free consultation with one of our attorneys.