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Child Killed after DUI Dad Loses Control of Minivan

According to statistics from the National Highway Traffic Safety Administration (NHTSA), DUI accident fatalities increased from 9,865 in 2011 to 10,322 in 2013. The NHTSA reported that the majority of DUI accidents with fatalities involved drivers whose blood alcohol concentration (BAC) was 0.15 percent or higher, or almost twice the legal limit. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.

Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.

A 23-year-old man was charged with DUI with a child and tampering with physical evidence after he rolled the SUV he was driving with four children inside. The man's 3-year-old son died in the accident. His 2-year-old child suffered a broken neck and his 5-year-old had brain swelling. A 7-month-old was treated at the accident scene. Two of the children were riding in booster seats and one was in a child car seat.

The man allegedly was driving under the influence of prescription Xanax when he lost control on a curve with a 40 mph speed limit. The minivan slipped several times before coming to rest upside down. Two of the children were ejected.

The father allegedly tried to remove Xanax bottles from the accident scene. The bottles, along with other narcotics, were found in and around the accident scene.

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next?

If a death is caused by the negligence of another then the decedent's family may be entitled to legal relief through a wrongful death lawsuit. You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith for a free consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia