Many people of legal drinking age may choose to have an alcoholic beverage every now and then. However, sometimes people go a little too far and overestimate their limits. They may think they are fine to drive, but they may not realize their judgment and response time has slowed until it is too late and they have injured or killed someone.
Drunk driving has affected the lives of many people and has resulted in thousands of deaths. If you were struck by a drunk driver inGeorgiaand suffered severe injuries as a result of a DUI accident, you may need legal help. In these cases, time is of the essence. Get help from aFayettevilleinjury lawyer right away so your rights are preserved.
Who is Liable in a DUI Accident?
If you are the victim and didn’t cause the accident, then it automatically must be the driver’s fault and nobody else’s - right? Not necessarily. Under Georgia law, if someone who is already drunk is served even more alcohol by a restaurant owner, bar owner, or even a private home owner, and the person causes an accident that results in injury to another person, then the restaurant owner or homeowner that served the alcohol can also be held liable. This is called the Georgia Dram Shop Act and has the following three conditions:
- the server or homeowner must have knowingly provided alcoholic beverages to an intoxicated person;
- the server or homeowner must be aware that the person could be driving; and
- the serving of the alcohol was the “proximate cause,” or the most recent action before the accident.
If these three conditions are met, you may be able to file a DUI accident claim against not only the drunk driver, but the person who last served alcohol to the person as well. A Fayetteville injury lawyer can assist you if this is the case in your accident.
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