Woodstock DUI Accident Lawyer
Get Justice: Fighting for Fair Compensation in DUI Accidents
It’s not fair to suffer because of someone else’s poor judgment. But if a drunk driver hit you or a loved one on the road, you’ve probably come face-to-face with the realization that life isn’t always fair.
Even after a terrible accident, though, it’s possible for justice to be done. With the help of a Woodstock drunk driving accident attorney, you can fight to get the compensation you deserve for medical expenses, pain and suffering, and more. Call The Warlick Firm, and we will stand up for you.
Injured in a DUI accident?
Get the compensation you deserve. Contact The Warlick Firm at (678) 797-7705 for a free consultation today.
Understanding Georgia DUI Laws and Regulations
Under state law, drivers may not drive with a Blood Alcohol Content of .08 grams or more (4-5 drinks for the average person). For commercial drivers, the limit is reduced to .04 grams; for drivers under 21, the limit is .02 grams.
If the driver fails a Breathalyzer or other BAC test, their license will be suspended for one year. However, some drivers arrested for DWI attempt to fight these charges in court.
Common Causes of DUI Accidents
DUI accidents happen for several reasons, all of which stem from the impaired judgment and physical effects of alcohol or drugs on a driver. Some of the main causes of DUI accidents include:
- Impaired Judgment: Alcohol and drugs can severely affect a driver's ability to make sound decisions. Impaired judgment can lead to risky maneuvers like running red lights, failing to yield, or misjudging the speed of oncoming traffic.
- Slowed Reaction Times: Alcohol and other substances slow down reaction times, making it difficult for drivers to respond quickly to sudden changes on the road, like stopping suddenly or avoiding an obstacle.
- Reckless Driving: Drivers under the influence may engage in reckless behaviors such as speeding, swerving between lanes, tailgating, or driving aggressively.
These factors significantly increase the risk of accidents, often resulting in serious injury or fatalities.
The Importance of Evidence in DUI Cases
Evidence plays a critical role in determining the outcome of a DUI accident case. Here are some of the most important types of evidence that can strengthen your case:
- Accident Reports: Police reports document the scene of the accident, which includes details about how it happened, the involved parties, and any traffic violations or signs of impairment.
- Witness Statements: Eyewitnesses can provide valuable insights into the behavior of the driver, such as whether they appeared drunk, swerved, or made any dangerous moves before the accident.
- Medical Records: Medical documentation is vital in proving the extent of your injuries, the cost of your treatment, and how your life has been impacted by the accident.
- BAC Tests: Blood alcohol content (BAC) tests are essential in proving that the driver was legally intoxicated at the time of the accident.
Each of these pieces of evidence is essential in building a strong case and increasing your chances of receiving fair compensation.
The Role of Insurance Companies in DUI Accidents
Insurance companies often get involved in DUI accident cases to settle claims for damages. However, dealing with them can be tricky. Here's how they handle DUI claims:
- Adjuster Challenges: Insurance adjusters might try to downplay the severity of the injuries or dispute liability in an effort to minimize payouts.
- Coverage Complications: If the at-fault driver is uninsured or underinsured, you may face additional challenges in getting compensated for your losses.
A skilled attorney can help navigate these challenges by negotiating with the insurance company and ensuring that you receive fair compensation for medical bills, lost wages, and other damages.
Drunk Driving Penalties and Their Impact on Your Case
Drunk driving carries serious legal consequences, both criminal and civil. These penalties can impact your case in the following ways:
- Criminal Penalties: Drunk drivers face severe criminal penalties, including fines, license suspension, and potential jail time. If the driver is convicted, it can help strengthen your civil case by proving their negligence or recklessness.
- Civil Claims: The criminal penalties do not directly affect the compensation you receive, but they can serve as evidence of the driver’s liability. A conviction may also increase the chances of receiving punitive damages if the driver’s actions were especially reckless.
- Insurance Implications: Criminal charges can also affect the drunk driver’s insurance coverage, which could impact your ability to collect compensation.
Having an attorney on your side who understands the full range of legal implications can help you build a stronger case and pursue the compensation you deserve.
Types of Damages You Can Claim in DUI Accidents
Our Woodstock drunk driving accident attorneys can argue for recompense for any damages received as the result of an accident.
Damages in drunk driving cases may include some or all of the following:
- Medical expenses, including ongoing and long-term care expenses
- Property damages
- Lost income from being unable to work
- Lost future earnings, if you are unable to return to work
- Physical disability
- Pain and suffering
- Emotional distress
- Punitive damages, where the driver was especially or even criminally negligent
Not all of these will apply to every accident case, but if they do, it takes research, evidence, and strong argument to substantiate these claims in court. That’s why you want to choose an attorney who will give your case the time and attention it deserves.
FAQ About DUI Accidents in Woodstock
- What should I do immediately after a DUI accident?
After a DUI accident, your first priority is safety. Ensure you are out of harm's way, then call emergency services. Collect as much information as possible, including the other driver's details, witness statements, and take photos of the scene if you can. Seeking medical attention is also crucial, even if you don't feel injured, as some injuries might not be immediately apparent. - How can I prove that the other driver was intoxicated?
Evidence such as police accident reports, field sobriety tests, and Breathalyzer results can be used to prove intoxication. Eyewitness statements and video footage from traffic cameras or dash cams can also help confirm the driver's impaired behavior. - How does the statute of limitations work for DUI accident claims in Georgia?
In Georgia, you generally have two years from the date of the accident to file a personal injury claim. However, if the driver was arrested for DUI, there may be exceptions or different deadlines. It's important to consult with a lawyer soon after the accident to ensure you don't miss any deadlines. - What if the drunk driver doesn't have insurance or enough coverage?
If the intoxicated driver is uninsured or underinsured, your own insurance policy may cover the damages, provided you have uninsured or underinsured motorist coverage. A lawyer can help you navigate this complex situation and pursue all potential sources of compensation. - Can I still claim compensation if I was partially at fault in the DUI accident?
Georgia follows a comparative negligence rule, meaning you can still recover compensation even if you were partially at fault, but your recovery will be reduced based on your percentage of fault. For example, if you are found 20% at fault, you can still recover 80% of the damages. - How does a DUI conviction affect my injury case?
A DUI conviction strengthens your civil case, as it provides clear evidence of the driver’s negligence. While the criminal case will not directly affect the compensation you receive, the conviction may make it easier to prove liability in your injury claim and could lead to higher damages, including punitive damages for the driver’s reckless behavior. - Will I have to go to court for my DUI accident case?
Not every DUI accident case goes to trial. Many cases are settled outside of court through negotiations with the insurance company or the responsible party. However, if a fair settlement cannot be reached, your case may go to court, where your attorney will fight for your rights.
Why Choose Our DUI Accident Lawyers for Your Case
Founder Attorney Nicholas Warlick is a Woodstock drunk driving accident attorney who wants to put wrongs to right. He believes that people should receive fair compensation for the pain and suffering they’ve been through, and our firm is willing to put in the work to make that happen.
If you or a loved one have been in an accident involving a drunk driver, call us today to learn about your options and to start working toward a fair solution.
Need help after a DUI crash?
Let our experienced attorneys fight for your rights. Call (678) 797-7705 now for a free, no-obligation consultation!
Proven Track Record
Our Success Is Your Success
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$2,267,000 Leg Injury
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$1,000,000 Truck Wreck
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$1,000,000 Wrongful Death (Policy Limit)
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$990,000 Medical Malpractice
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$985,000 Truck Wreck
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$985,000 Truck Wreck
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$650,000 Back Injury
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$527,000 Car Wreck
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$350,000 Car Wreck
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$325,000 Car Wreck
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$300,000 Car Wreck
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$300,000 Car Wreck
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$250,000 Policy Limits
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$250,000 Car Wreck
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$225,000 Car Wreck
Drunk Driving Accident FAQ:
Q. Are drunk drivers always at fault? No. Just because the other driver was found to be intoxicated at the time of the accident, does not automatically mean that they will be held responsible for your injuries. While they may be given a DUI ticket, it still must be proven that their actions led to the accident. This is why it's still important to have a professional injury lawyer representing you, even in cases where the other driver was drunk and you would assume that they should automatically be held responsible for your injuries.
Q. Can you sue a drunk driver with no insurance? Yes. If the drunk driver who caused your accident does not have insurance, you can still file a personal injury lawsuit against the driver directly. However, the driver may not have the finances needed to pay for your injuries. In situations like this, you should still discuss your claim with a drunk driving accident lawyer to determine how you can get the compensation you need to recover from your injuries.
With over 10 years of experience, our attorneys in Woodstock, Georgia are ready to help you confidently move forward.
Why Choose The Warlick Firm, PC?
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We are dedicated to getting the results you deserve. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.
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With 10+ years of legal experience, we have a proven track record of success. We use that experience to help you down a path to the results you need.
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Our legal team has daily meetings to collaborate on every case which provides you with the expertise of our entire firm.