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Coweta County Pedestrian Accident Involves DUI Drivers

According to the United States Department of Transportation data an average of over 60,000 pedestrians are injured in the United States each year. The Research and Innovative Technology Administration (RITA) published a study that indicated the actual number of pedestrian injuries is likely much higher as reported data only includes injuries sustained in accidents with vehicles or bicycles.

 

A Coweta County pedestrian accident attorney at the Law Offices of Shane Smith can review the incident and advise a victim of his legal rights.

 

A 2012 Coweta County pedestrian accident crossed multiple legal thresholds when six of the seven drivers involved were found to be driving under the influence of alcohol. The accident's trigger was a pedestrian walking on I-75 south of Atlanta. It is illegal in Georgia to walk on or beside an interstate.

 

The early morning accident involved seven cars after one used evasive maneuvers to avoid the pedestrian. Law enforcement officials charged six of the seven drivers with DUI after their blood alcohol content (BAC) exceeded 0.08 percent.

 

The pedestrian was charged with illegally being in the roadway. Despite the DUI charges the drivers could all file personal injury lawsuits against the pedestrian. However, since the injured pedestrian did not have insurance it was left to the injured drivers and their passengers to use their uninsured motorist insurance to cover their claims. The DUI drivers could have also been negligent as they were legally impaired. This could create additional liability. DUI can create punitive damages exposure if the DUI driver caused the accident. The DUI drivers could raise a defense of comparative negligence which reduces the damages award by the percentage the jury believes the plaintiff was responsible or negligent.

 

Victims should seek the assistance of a Coweta County pedestrian accident attorney to protect their rights by securing police reports, eyewitness testimony and physical evidence and to deal with insurance representatives. 


Shane Smith
Advocate for the Seriously Injured in Georgia