The Marine who was freed from a Mexican prison after several months of imprisonment has been charged with driving under the influence. According to a national news report, the veteran served in two combat tours in the Middle East. His notoriety came about from an incident where he was arrested at the San Ysidro border after officials found ammunition and guns in his truck. A United States judge ordered him released so that he could seek treatment for PTSD.
However, earlier this month, about a year from his release, he was arrested for DUI in Georgia. Officials have charged the veteran with driving under the influence, improper passing, open container, and reckless driving. He was held overnight and was subsequently released after posting bond. The veteran’s spokesperson confirmed the arrest and stated that the veteran is suffering from serious mental illness.
Negligence Law in Georgia Personal Injury Cases
In the above case, the driver was very lucky that he did not injure himself or another driver or pedestrian as a result of his negligent behavior. However, in many drunken driving cases, the outcome is disastrous. In Georgia, if a person is injured because of another’s negligence there are several steps they need to take and certain elements they need to prove to pursue their claim.
Duty of Care in Personal Injury Cases
The plaintiff in a negligence lawsuit (i.e., the person that was injured) must show that the other party owed them a duty of care to keep them out of harm’s way and that they are bound by the law to implement that duty. There are several types of negligence claims that a plaintiff’s personal injury suit can fall into.
First, there is a personal duty of care. If in the above case a person was injured, that victim would likely impose a personal duty of care on the other driver. The duty in a case such as the above is to drive safely and responsibility. Since the other driver was driving drunk, this was a clear breach of duty. Drivers always owe a duty of care to other drivers and pedestrians to drive safely and not under the influence of drugs or alcohol.
Another action that may be considered negligent is a breach of a professional duty of care. This often occurs in situations where a doctor or other medical professional is providing medical care. A breach can occur if the medical professional performs a procedure negligently or participates in treatment when they lack training, education, or informed consent to perform the procedure.
Lastly, another example of a breach that may lead to a negligence suit is when a commercial or residential owner of property does not maintain their property. This is called premises liability. There are several different elements of this type of negligence claim, and it is important to contact an attorney to determine what exact duty was owed to you and whether there was an actual breach.
Have You Been Injured Because Of Another’s Negligence?
If you or a loved one has been injured because of another person’s negligence, you may consider bringing a personal injury suit against the wrongdoer. As discussed above, there are varying standards regarding the duty of care that is owed to a victim and it is highly recommended that you contact an attorney to discuss your case. If you are successful, you may be entitled to monetary compensation for your injuries. This often includes damages for the personal and property damage you suffered. Please contact the experienced attorneys at Miller Legal Services at 770-284-3727 to schedule your free initial consultation.
See Related Blog Posts
Man Killed in Georgia Biking Accident, Marietta Personal Injury Lawyer Blog, February 25, 2015.
Filmmakers Plead Guilty and Avoid Trial in Fatal Train Georgia Accident, Marietta Personal Injury Lawyer Blog, March 18, 2015.