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.
An Atlanta Public Works Department employee was arrested and accused of DUI recently after losing control of his garbage truck. The truck swerved and flipped, killing the driver's coworker who was in the passenger's seat. An opened vodka bottle was found at the accident scene.
Police have charged the Georgia worker with DUI, failing to maintain lane and vehicular homicide. This is the third DUI charge for the driver; one occurred in 2011 and another was in 2012.
The victim's family has 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.
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? Contact the Law Offices of Shane Smith to schedule a free legal consultation.