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 on I-75. The truck swerved and flipped, killing the driver's co-worker in the passenger's seat.

The driver was charged with homicide by vehicle in the first degree, DUI, reckless driving, and failure to maintain lane. A half-empty bottle of vodka was found at the scene by investigators. The driver's blood alcohol concentration (BAC) was 0.27 percent when he lost control of the vehicle. This is the third DUI charge for the driver; one occurred in 2011 and another was in 2012.

The deceased co-worker had no alcohol in his system. Pursuant to the City's procedures, the driver was assigned and his co-worker was assigned to ride with him.

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. 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.

Shane Smith
Advocate for the Seriously Injured in Georgia
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