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Determining DUI Negligence in a Georgia Car Accident Injury Claim (Part A)

Negligence in any form is the basis of filing a car accident claim, but it is even more critical to prove when the other driver is suspected of DUI. The injuries sustained in a crash with a drunk driver are often much more critical or fatal than those caused by sober drivers.

In 2008, the National Highway Traffic Safety Administration released a report detailing the statistics from all of the recorded vehicle accidents that year. Of the 37,261 fatalities reported, 11,773 were attributed to an alcohol-impaired driver.

Georgia Negligence Rules for a Car Accident Resulting from DUI

When filing an injury or wrongful death claim after a car accident you’ll be required to show that the negligence of another caused the accident
. In Georgia the negligence rules are known as modified comparative fault 50% rule. This means that you must prove the intoxicated driver was more than 50% at fault for causing the accident for you to be eligible to recover damages.

The proof of negligence is more than just a matter of putting the blame on the other driver. For complex cases with serious injuries and damages you may need a Fulton injury law firm to help you file your claim and produce critical evidence of your losses and the negligence of the other driver.

Breach of Duty and How It Applies to Negligence Claims

When a driver gets behind the wheel of a vehicle they have a duty to make sure they are fit to drive
. When alcohol is present in a driver’s body they can become impaired to the point where their judgment and reaction times are altered, making them a hazard to those sharing the road around them.

By choosing to drive while intoxicated a driver is breaching their duty to other motorists
and pedestrians to keep themselves from creating potential hazards with their vehicle.

There are many types of evidence that can be critical to your car accident injury claim and cases where DUI is a factor
and can be particularly difficult to pursue.

Continue reading to find out about the challenges of proving negligence in a DUI accident and how a Fulton injury law firm (
770-487-8999) can help.

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Shane Smith
Advocate for the Seriously Injured in Georgia