Who Is Liable in a Carrollton Drunk Driving Accident?

Carrollton car accident lawyers understand that various factors cause car accidents. These range from distracted driving to over-speeding. Even weather conditions and bad roads are responsible for some collisions. Notably, these causative factors have different effects. Such consequences range from mild to severe injuries or even death.

The CDC has stated that about 29 Americans die daily from car accidents. Drunk driving collisions also complicate the compensation process. That’s why it would help to hire a Carrollton car accident lawyer. An excellent attorney knows how and who to hold responsible for your car crash.

Who Is Responsible for a Carrollton Drunk Driving Accident?

Contrary to what most people think, fault isn’t always apparent in drunk driving collisions. Instead, placing the accident responsibility is sometimes challenging. There could even be multiple liable parties. So, we discuss some of these parties below.

The Drunk Driver

The drunk driver is most likely the person who caused the accident. This is because the DUI is a breach of their duty of care to other road users. However, proving intoxication isn’t sufficient to hold the driver responsible. Instead, you have to establish that drunk driving caused the crash.

You must then link your losses to the collision. It’s at this stage that the fault may shift to the other party. But, conversely, the fault driver and the victim may share the blame. For example, suppose that the drunk driver was over-speeding while the other driver beat a red light.

The victim wouldn’t have been hit if they obeyed the traffic light. Therefore, the drunk driver is not liable in this example. But, suppose the drunk driver executed a wrong lane change that caused the collision. Then, they’re responsible.

The Bar, Restaurant, or Liquor Store

You can also sue the person who sold the alcoholic beverages. This is known as Georgia’s dram shop law. Notably, though, you can only sue in limited instances. This includes when the establishment:

  • Sold alcohol to a minor, or
  • Sold alcohol to an adult who was visibly intoxicated, and
  • Knows that the minor or drunk person will soon be driving a vehicle

A minor here is anyone under 21 years. Sadly, proving noticeable intoxication isn’t a straightforward process. Firstly, you must show that the establishment acted willfully, knowingly, and unlawfully. Signs like slurred speech, trouble walking, and bloodshot eyes are signs of intoxication, though.

Furthermore, the alcoholic drinks seller wouldn’t be liable where it demanded identification from the minor. In addition, the sale of liquor must be the proximate cause of the accident. Lastly, you should that other people can be liable aside from a restaurant or liquor store owner.

Anyone at all who sold or served alcoholic beverages to the drunk driver could be liable. An excellent example is a social host. Georgia’s dram shop law also holds social hosts accountable in similar circumstances. The law doesn’t allow hosts to pile visitors with alcohol.

This requirement is especially so where the hosts know that the visitor will be driving home soon. Furthermore, it’ll be easier to prove that the host knew the minor or intoxicated adult would be operating a vehicle. A social host is anyone who organized or headed:

  • Parties
  • Company social events
  • Neighborhood barbecues

Can I Sue Multiple Parties?

Yes, you can sue multiple parties for the car accident. For example, suppose that a drunk driver is liable for the crash. In such cases, you can sue both the driver and the establishment that served them alcohol after showing signs of impairment. You can also sue the driver and the private party host.

Recoverable Damages

Finally, you can recover several damages from a drunk driving crash. This would include economic and non-economic damages. However, you must specifically ask for the damages. They include:

  • Medical bills and cost of medical equipment
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Punitive damages against the fault parties
  • Loss of enjoyment of life
  • Cost of vehicle repair
  • Cost of alternative transportation

Carrollton Car Accident Lawyers Can Help You!

Have you survived a drunk driving accident? Do you think you weren’t responsible or that the drunk driver caused the crash? If you’re right, then you may be eligible for compensation. First, however, you’ll need the best Carrollton car accident lawyers. At the Law Office of John B. Jackson, we have the best lawyers for your case. With decades of experience in helping car crash victims, we can get you the maximum compensation. So, it’ll be best to call us today for a FREE consultation.

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