According to statistics from the National Highway Traffic Safety Administration (NHTSA), 2,597 people were killed in United States traffic accidents in December 2010. Of those, 775 deaths involved alcohol-impaired drivers. 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 woman was seriously injured in an early morning accident after her friend ran over her head. According to police, the woman was run over by a 22-year-old friend who was charged with DUI and fleeing the scene of the accident.
Police report that the woman was running next to the man's truck and holding onto the passenger's front door. Police claim that the woman was attempting to get the driver to stop the vehicle; she had been riding inside the truck immediately before the accident.
According to the police report the woman slipped and fell beneath the truck. The rear tire then ran over the woman's head. She was transported to a hospital and flown by helicopter for emergency treatment.
The driver allegedly fled the scene then returned and spoke with police. He was arrested on charges of DUI, hit-and-run and possession of drug paraphernalia.
The charges against the driver could increase if his friend dies as a result of the accident. The victim's family then would have a potential claim against the driver for wrongful death. There are two types of death claims that may be pursued by the deceased's family under Georgia law: surviving family members may file a claim pursuant to Georgia's wrongful death statute or a claim may be pursued by the victim's estate. Wrongful death claims may involve complicated issues that include whether the victim left a will, his marital status, whether he had any children, whether he was due to receive an inheritance, the nature of medical care and expenses following the accident and whether the victim suffered as a result of the accident. A case's unique facts will determine who is entitled to settlement or verdict recoveries, which people may pursue wrongful death claims and the values of each claim. A successful claim is aided by the expertise of an experienced Clayton County wrongful death attorney.