Late last week, a two-year-old Georgia boy was severely injured in a suspected DUI accident. According to an Athens news report, the child was in the car with his mother on Mitchell Bridge Road when the accident occurred. Apparently, the child’s mother veered into the center of the road and ended up colliding head-on with a large SUV. Unfortunately, the child was slammed into the back of the front seat. The child was not in a child-safety seat at the time of the accident, but was rather in a booster seat that is designed for older children. His six-year-old sister was in a similar seat, and neither seat was properly installed.
The young boy was life-flighted to a nearby children’s hospital, and his sister suffered a series of injuries, including a broken leg. The mother suffered a broken leg as well. Police reports indicate that the mother showed signs of impairment at the time of the accident. Moreover, she would not comply with a sobriety test. Police have expressed their intentions to charge her with DUI, causing serious injury by vehicle, and reckless endangerment of a child.
Civil DUI Charges in Georgia
DUI cases are often devastating, and the above case illustrates a particularly disturbing case because the victim’s own mother is being accused of driving under the influence. When an individual has been a victim of a DUI, they may consider pressing civil charges against the wrongdoer for negligence. Although having a criminal charge against the wrongdoer makes the case easier to prevail on, it is not necessary in order to pursue a civil case against a drunk driver.
Elements of Negligence Per Se in Georgia
Georgia state law enumerates several offenses that are considered negligent “per se,” including DUI. If an individual has participated in certain behaviors, they will be considered to be negligent per se, which means negligent as a matter of law. These offenses include things such as:
- If the wrongdoer has certain controlled substances in their bloodstream at the time of the accident;
- If the culpable party is under 21 years old and has a blood-alcohol concentration of .02 grams or more;
- If a commercial vehicle driver has a blood-alcohol concentration of .04 grams or more at the time of the accident; or
- If a wrongdoer has a blood-alcohol concentration of .08 or more.
If a victim can establish one of the above circumstances, they are likely to prevail on a theory of negligence per se. Succeeding in a negligence claim is much easier if a plaintiff is able to proceed under a negligence per se theory.
Have You Been a Victim in a Crash Caused by Someone Under the Influence?
If you or a loved one has been injured or killed as a result of being involved in a DUI accident with someone who was under the influence, you may be entitled to monetary compensation for your injuries. An experienced Georgia attorney can help you establish and develop your claim. If you are successful, your monetary compensation may include damages for your medical bills—both past and future—as well as compensation for your pain and suffering and possibly even punitive damages. Contact Miller Legal Services, LLC in Georgia today at 770-284-3727 to set up a free initial consultation.
See Related Blog Posts
Georgia Truck Accident Kills Three in the Same Family, Marietta Personal Injury Lawyer Blog, December 17, 2014.
Officers Searching For Truck in Georgia Hit-and-Run, Marietta Personal Injury Lawyer Blog, January 21, 2015.