While all auto accident cases that cause serious personal injury or death are tragic, the most senseless and avoidable of these are those involving drunk drivers. As an Atlanta car accident lawyer, and more importantly as a long time Georgia resident with two school age children, I was saddened to read in the AJC on line about the untimely death of Jordan Griner who was apparently killed by a drunk driver with a blood alcohol level of .229 (nearly three times the legally allowed limit in Georgia). This death was tragic, senseless, and entirely avoidable.
From a legal perspective, claims involving drunk drivers are far more complex than they may seem. In addition to money damages for medical bills, pain and suffering and (as in this case) wrongful death, persons injured by drunk drivers are often entitled to an award of punitive damages. Punitive damages are awarded in addition to all other damages, and are designed to punish and deter these dangerous drivers so that they will not engage in such reckless behavior in the future.
In addition to seeking full compensation from the drunk driver, it is also essential to look deeper into the facts of the accident to determine whether other people or business may share responsibility for the drunk driver's actions. For example, if the drunk driver had been obviously intoxicated while drinking at a local bar or restaurant, that business may also owe money damages under Georgia's Dram Shop Act. That law provides that a purveyor of alcohol may be held liable for injuries caused by its customer to other persons if the seller of the alcohol "knowingly sells, furnishes or serves alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle." From the AJC article, it looks like there may very well be others responsible because the drunk driver had just gotten off work at a night club and one might expect that others at the club know she was drunk and let her get behind the wheel of her car.
Exploring these issues and getting to the bottom of all causes of car accidents involving drunk drivers requires an experienced attorney. A "surface approach" to these cases can lead to a substantially reduced recovery. If you or someone you know has been injured by a drunk driver, please contact our office and we would be pleased to meet with you personally to discuss the matter.
