Drunk drivers are a huge issue in Georgia, the big Peach has plenty of bars, and people are all too quick to jump behind the wheel. Now, while some people claim that they’re better drivers when they’re drunk but that’s never true. There are people who have a drink and can get through short distances obeying traffic laws, excluding their BAC. So, who is at fault? The drunk driver is not automatically the person responsible for the crash. If someone blew through a red light, but the other driver was intoxicated the person who ran the light is likely going to have a fair amount of fault attributed to them. If you’ve been injured in a drunk driving accident, call a local Atlanta, Georgia car wreck attorney right away.
Understanding Comparative Fault and Partial Fault in a Georgia Car Wreck
Comparative fault means that the people involved can both be at fault to some degree, and the percentages of the fault must add up to 100. For example, if one driver was parked at a stop sign and then another driver hit them from behind, that second driver would likely be 100% at fault. Now, when you factor in the role of alcohol, it makes it difficult for people to move forward because most of the time, people think the drunk driver is the person responsible.
Now, because of the issues that come with driving under the influence such as impaired decision making, it’s likely that the drunk driver played a role in the crash. They may have swerved through lanes or even something really simple, like forgetting to use a turn signal. These are all elements that can play a role in determining fault or partial fault.
Getting Your Portion of Fault Sorted Out
Many drivers experience a bit of a shock when they are told that they received a portion of fault. That fault could be for not driving with the flow of traffic, or for driving even a few miles over or even under the speed limit. Basically, it is a real challenge for a driver in Georgia to get a full 0% for their portion of fault.
Typically your compensation will only be affected in equal value to the percentage of your fault. Now, if you’re given a 20% or more percentage, then you probably need to argue your fault and sort out why you were given that percentage. Fault is such a tricky element because when you’re looking at the driving patterns of two or more people, it’s not always as objective as it should be in some cases.
What if You Had a Drink, But Were Driving Safely?
It happens all the time, and if you truly had a drink, waited a while, and then drove home, then you were probably far below the legal limit. That situation often leads to people feeling that they’re accosted or being put into the situation of the person at-fault when they’re actually the victim.
If you were driving after a drink, then you need to focus on building, not a defense but a demand. You need to clearly define your position as a clear victim. That means that you must fight off the battle of being painted as the bad guy. It’s these situations that make it difficult for people to get everything they need because they’re given a higher degree of fault than necessary.
Drunk Drivers are Not Always At Fault, But Usually, There is Some Fault Present
Drunk drivers will need to go through and reinstate their license along with a ton of other obstacles. The result is that your claim can get delayed significantly because of the issues that come out as part of any DUI involved. If there are open charges for the other driver involved, they may not necessarily delay your claim, but they can play a role in your case.
Will you Need a Georgia Car Wreck Attorney?
Getting an accident law firm in Atlanta is fairly easy, and what you should consider when looking is how and if they will represent you. Many don’t want to represent people who got a DUI on that same crash, but there are situations where the drunk driver was following all the rules of the road except for driving except having a drink before getting in the car.
Now at John B. Jackson, we help the victims of car accidents, and in that case, you may have been hit by a drunk driver and need to prove they’re the ones at fault. Our team is passionate, direct, and we fight hard for the compensation that you deserve.
