Atlanta Drunk Driving Accidents Lawyer

Why Work With an Atlanta Drunk Driving Accidents Attorney From Our Team

The attorneys at Buckhead Law Saxton Accident Injury Lawyers, P.C. have represented accident victims in the Atlanta area since 1977. We know how the state’s personal injury and traffic accident laws work and how to recover fair compensation for our clients. We also know how stressful it is to worry about your financial health while recovering from physical injuries. You don’t have to go through this alone.

Our team is very familiar with how insurance companies and adjusters operate and how they will likely approach your case. Insurance companies rarely, if ever, want to pay out the amount a victim needs or deserves. Instead, they want to minimize the money spent to protect their employer’s bottom line, regardless of how it affects the injured victim.

Our attorneys represent clients based on contingency, never charging any upfront fees for our services. We can explain this process to you in detail during your free consultation.

During this introductory meeting, you can also learn:

• How strong your case is
  
• How we have approached similar cases in the past
• How we use our experience to recover compensation for you
• How the claims process works and when a lawsuit might be necessary
• Your legal options based on the case facts
• How long you have to act
• Answers to any questions or concerns you have

Recovering Damages After Injuries in an Atlanta Drunk Driving Accident

Drunk driving accidents often seem to leave the victim in worse shape than the intoxicated driver. While this is not always true, the innocent parties hurt in crashes like these should not have to shoulder the financial weight of a collision they did nothing to cause.

This is especially true when accident victims suffer significant injuries, such as:

• Traumatic brain injuries (TBIs), including concussions
• Neck, back, or spinal cord injuries
• Traumatic limb injuries
• Broken bones or fractures
• Lacerations or contusions
• Internal injuries or bleeding
• Burns
• Joint injuries, including torn ligaments or damaged tendons
• Soft tissue injuries
• Scarring and disfigurement

Immediately after a collision, the focus is (and should be) on stabilizing your injuries and getting treatment. Thankfully, there is one Level I trauma center for adults—Grady Memorial Hospital—and one for children in Atlanta. Crash victims can get top-notch care and support from a facility with round-the-clock trauma assessment, treatment, and rehabilitation.

Turning Attention to Your Damages

Once injuries stabilize and healing begins, new worries often develop. Perhaps the victim is out of work, racking up huge hospital bills, and has a damaged, undrivable car. They may be unsure how to handle everyday bills, much less their treatment costs.

If you feel this way, reach out to our team so we can assess your case and determine your next steps.

Your recoverable damages could include:

• Medical bills and related expenses
• Future or ongoing care, support, treatment, and rehabilitation
• Lost income while you were unable to work
• Reduced ability to work and earn a living because of lasting injuries
• Property damage, including your vehicle repair or replacement
• Miscellaneous expenses with receipts
• Pain and suffering

Juries rarely award punitive damages in a traffic accident case, but state law allows them.

Wrongful Death in an Atlanta Drunk Driving Crash

Current wrongful death laws allow certain immediate family members to pursue damages if their loved one passes away from accident injuries. A wrongful death action is possible in any case where the victim could pursue damages but passed away before doing so. The recoverable compensation in these cases includes both economic and non-economic damages.

Our attorneys represent Atlanta families in wrongful death actions with the same free case assessments and contingency fees. Contact us today to learn more about wrongful death laws, your rights, and how we can help your family get justice during this difficult time.

Gathering Evidence

Building a civil case to support an insurance claim or personal injury lawsuit requires us to gather and analyze evidence that explains what happened and why.

This evidence often includes:

• Official documents, such as the accident report filed by the police
• Evidence from the criminal case against the drunk driver
• Eyewitness interviews and statements
• An accident scene survey
• Physical evidence
• Video or photographic evidence
• Accident reconstruction
• Relevant medical records
• Expert testimony or statements

Once we have the necessary evidence and a better understanding of the case, it’s time to act. We cannot demand compensation or sue before we have a full picture of what happened and who is responsible.

Documentation of Damages

During our investigation, we also collect documentation of your damages, such as:

• Medical bills
• Relevant medical records
• Expert opinion about your prognosis and future care needs
• Car repair estimates
• Past pay stubs
• Receipts for related out-of-pocket costs

We can use this documentation to determine your current and future expenses, intangible losses, and other damages and then put a fair settlement range on your case. We’ll use this to negotiate a fair settlement agreement or present your case to a jury at trial. Knowing this range before we take any legal action is essential.

Negotiating for a payout without evidence that shows our client’s costs and losses could leave a lot of money on the table. Without it, we will not know if the insurer is making a fair offer and could end up settling for less. This is why we recommend never considering a settlement until you discuss your expenses and losses with an attorney from our team.

Proving Negligence and Liability in an Atlanta Drunk Driving Accident

Atlanta civil and criminal cases are separate and do not affect one another directly.

To that end, it’s possible that a driver:

• Is guilty of drunk driving but did not cause the crash
• Caused a crash but is not convicted of drunk driving

The at-fault driver in an Atlanta drunk driving accident is the one whose negligence caused the crash.

Negligence requires:

• A duty of care, usually established by traffic laws
• A breach of that duty, such as violating a traffic law
• Causation as a direct effect of the breach of duty
• Harm (including physical, psychological, or financial harm)

For example, if a driver fails to maintain their lane and sideswipes you on I-75, that driver is negligent. They had a duty to maintain their lane and clear any adjacent lane before moving into it. They failed to do so, causing the crash and your injuries. They would be liable for the crash regardless of their blood alcohol content (BAC) level.

A Driver Doesn’t Have to Be Drunk to Be Liable

Having proof that a driver was drunk would not make the case, although it could certainly support our allegations against them. In many cases, we can still recover compensation for our clients hurt by drunk drivers, even if there is little proof of their intoxication.

When drivers act carelessly or recklessly behind the wheel, they are generally liable for any injuries or deaths. Additional parties could also be liable, such as the employer of a commercial truck driver who got behind the wheel while intoxicated.

Recovering Damages Through the Insurance Claims Process

When we have strong evidence to show that a driver acted negligently and caused a crash, we can often settle the case without going to trial. We use the estimated settlement range established for the client’s damages to negotiate with the insurance company representing the at-fault driver. They may know their chances of winning a jury trial are slim, especially when there is solid evidence of intoxication or other recklessness.

We’re not afraid to go back and forth with the insurer. They do not want to pay more than they have to, but we demand fair compensation based on the facts of the case. We do not believe that you should have to pay out of pocket for your medical care, lost income, or other damages—especially if your case is bolstered by compelling evidence.

This back and forth can continue even if we sue the at-fault driver. Most successful cases settle before the trial date arrives, even after we file a lawsuit.

Our Atlanta Drunk Driving Accidents Lawyers Can File a Lawsuit for You

There are generally three ways that our clients recover damages after an Atlanta drunk driving crash. We can handle all three and pursue the strategy that best fits the unique circumstances of your case.

They include:

• Settling with the insurance company without suing
• Suing in civil court and then settling with the insurance company
• Suing, taking the case to trial, and receiving a favorable verdict and award

Sometimes, we have to sue the drunk driver to recover the money our client deserves.

What could necessitate a lawsuit?

• Disputes about significant facts, such as fault
• The insurance company denied the claim
• The insurer refuses to agree to a fair settlement
• Time is running out to sue

Honoring the Statute of Limitations

State law generally gives an accident victim two years to begin a lawsuit—however, there are exceptions. We can discuss the timeline for your case in detail during your initial consultation with our team. Meeting the statute of limitations is a common reason why we sue in car accident cases. It does not necessarily mean your case will go to trial.

Many Atlanta accident cases continue settlement negotiations after filing a personal injury case in civil court. In fact, some negotiations pick up considerably. By this point, the insurance company knows the evidence against its policyholder and how much it could cost them in court. They also know that juries do not usually take it easy on drunk drivers. Therefore, they may be willing to pay more after we sue.

Talk to a Team Member About Your Atlanta Drunk Driving Accident for Free

With Buckhead Law Saxton Accident Injury Lawyers, P.C. on your side, you do not have to file your insurance claim and navigate this process alone. Our attorneys help clients like you hold the at-fault driver legally responsible for their bad behavior. To get started, contact us today at (404) 890-5631 or (770) GET PAID for your free consultation. We have team members available 24/7 to answer your call.

Buckhead Law Saxton Injury & Accident Lawyers, P.C. – Atlanta Office

1995 N Park Pl SE Suite 207,
Atlanta, GA 30339
404-890-5631