As an Atlanta DUI accident lawyer, I know first hand that Georgia law does not tolerate drunk (DUI) Drivers. My many years of experience representing clients in Georgia DUI accidents cases has taught me that unlike dog bite cases, there is no "first bite" rule when it comes to drunk driving and auto accidents. DUI drivers are subject to serious criminal penalties and punitive civil damages even for their first drug or alcohol induced accident. However, the number of prior drug or alcohol offenses can be a significant factor in determining both the value of the injured party's claim and the number of other potentially responsible defendants.
Obviously, a driver with multiple drunken driving offenses will be subject to a higher punitive damage award than a person with no such prior offenses. Circumstances are important as well. A very drunk driver who causes a collision while on the way from one bar to another will be a far more inviting punitive damage target than an older woman who had one too many cocktails at a Sunday school party. It is imperative to learn the story behind the drinking in order to determine its real value to the case.
If the impaired driver is acting within the course and scope of his/her employment at the time of the accident, the employer will be responsible for the injured party's actual damages to the same extent as its employee. However, any punitive damages awarded against the drunk driver will not be the responsibility of the driver's employer because punitive damages are awarded to deter or punish specific behavior. This distinction can be hugely significant because insurance coverage may not exist (or may be inadequate) for punitive damages awarded only against the drunk driver.
In order to recover punitive damages against an "on the job" drunk driver's employer, it is necessary to establish a separate basis of intentional or reckless behavior on the part of the employer. The easiest way to establish such behavior is to prove that the employer allowed its driver to continue operating a vehicle for work purposes after having previously received a DUI citation. If a prior DUI can be proved, this may allow an injured party to recover punitive damages against the employer for permitting its employee to continue using a company vehicle (or his/her own vehicle for company business) despite knowing that the employee has exhibited such dangerous behavior in the past.
In these cases, it is essential that the drunk driver's employment file be obtained from his/her employer so that the injured party can establish that the employer was aware of any prior driving irregularities, including DUI charges. After obtaining the personnel file, it is often necessary to take the deposition of the drunk driver's supervisor or Human Resources Director in order to determine whether any additional information exists about the driver's prior actions, and whether the employer has adequate safeguards in place to insure that its employees are maintaining a safe driving record. Until all efforts have been exhausted to understand exactly what the drunk driver's employer knew and when it knew it, a fair value cannot be determined. There are simply no shortcuts if the goal is full and fair compensation.
If you or someone you know has been injured in an accident caused by a DUI driver, please contact our office. We would be pleased to discuss you situation with you with no obligation or fee.
