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. Clayton County DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.
A 27-year-old Georgia woman whose blood alcohol content was 0.229 percent when she ran a red light and killed another driver was sentenced to 10 years in prison. As part of her plea deal the woman must serve five years and must carry a photo of the driver she killed. The woman was charged with and convicted of first-degree vehicular homicide and reckless driving.
The woman expressed her remorse during the sentencing and apologized to the victim's family.
The judge ordered the woman to serve five years in prison for the DUI accident followed by an additional five years on probation.
The victim's family has potential claims 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.