Articles Posted in Drunk Driving Accident

Published on:

A tragic crash earlier this month has taken the life of one University of Georgia student and left two others seriously injured after a driver crossed into oncoming traffic and struck three bicyclists who were approaching head-on.  According to a local news report discussing the crash, the 31-year-old driver of the SUV was arrested for driving under the influence of drugs and charged with a first-degree felony homicide charge as a result of the crash.  Although the driver initially blamed the crash on her trying to use a cell phone while driving, a statement she made to police during their investigation resulted in the DUI charge being pursued.

One Way SignDistracted or Intoxicated Driver Crosses into Oncoming Traffic and Strikes Three Bicyclists.

According to the news report, the crash occurred when the defendant, who was driving an SUV, became distracted and crossed into oncoming traffic on an Athens road near the UGA campus.  The three bicyclists were riding together in the opposite direction in a single-file line and were struck by the defendant’s vehicle.  One of the bikers was hit directly head-on by the SUV and died at the scene, while the other two suffered glancing blows from the vehicle that resulted in their crashing and suffering serious injuries.  According to the article, the crash is still under investigation, although the defendant has been arrested and charged with DUI as well as a homicide charge for her role in the fatal crash.

Continue reading →

Published on:

Late last month, the Supreme Court of Kentucky published their opinion in Nissan Motor Company v. Maddox. The case was surrounding a 2009 incident where the plaintiff and her then-husband were driving in their Nissan Pathfinder when they were hit by a drunk driver. The couple was wearing their seatbelts, but they both sustained injuries.

nissan-pathfinder-1466838 (1)The plaintiff’s husband sustained minor injuries to his foot. However, the plaintiff had to be extricated from her vehicle using emergency equipment and was taken to the hospital with serious injuries. She suffered several injuries, including damage to her vertebrae, hip, hip socket, ribs, and nerves, in addition to an abdomen rupture for which she had gastric bypass surgery. She ended up having to sustain 75 surgeries and 139 days in the hospital.

The woman filed a case against the driver’s estate and Nissan. She alleged that Nissan had a defectively designed restraint system and that they did not provide proper warnings about the car’s limitations. After a trial, it was determined that Nissan was 30% liable and the drunk driver was 70% liable. The jury found Nissan responsible for $2.6 million in compensatory damages and $2.5 million in punitive damages.

Continue reading →

Published on:

A drunk driving accident resulted in the death of the sculptor who was chosen to create the Martin Luther King Jr. statue for the Georgia Capitol. According to news reports, the artist was driving his motorcycle around 12:30 a.m. earlier this month when he stopped at the traffic light near an intersection on Jodeco Road. A Toyota pickup truck driven by a 20-year-old was traveling eastbound on the same road and slammed into the motorcycle from behind.

whisky-1323327After being hit, the artist was thrown from his motorcycle. He was airlifted to a local hospital and hospitalized for a traumatic brain injury and skull fractures. Unfortunately, he was pronounced dead the following day. The Toyota driver has been charged with driving too closely, possession of marijuana, and driving under the influence. The artist has been a well renowned sculptor for many years and has left behind a wife and two adult children.

Damages in Georgia Personal Injury Cases

The case discussed above is particularly tragic not only because of the talent of the victim but also because of the reckless actions of the drunk driver. In cases like this, it is very likely that the victim’s family will bring a wrongful death or personal injury suit against the culpable party. Many times, the family will seek compensatory or consequential damages. Compensatory damages are generally paid to compensate the victim or their family for the harm they suffered, their injuries, and general losses. A subset of compensatory damages is consequential damages, which are damages that arise from the consequences of the defendant’s negligence. These damages often take the form of lost wages that the plaintiff suffered because of their injuries.

Continue reading →

Published on:

Earlier last month, a young Atlanta driver was arrested after causing a fatal accident on I-75. According to one Georgia news report, the 20-year-old driver was under the influence of alcohol when the crash occurred. Evidently, the driver was proceeding north in the southbound lanes on I-75 during the early morning hours. The allegedly drunk driver ended up colliding head-on with a car that was traveling south on I-75. There were five people in the car that the 20-year-old hit. Three of the individuals were children.

Unfortunately, the accident caused the deaths of a seven-year-old, an eight-year-old, and an adult. A three-year-old child and another adult were severely injured and are currently hospitalized. The 20-year-old was arrested and subsequently charged with three counts of vehicular homicide and driving under the influence. It is also possible that the driver will face additional charges in relation to driving the wrong way on the highway.

do-not-enter-sign-751630-mGeorgia Governor’s Office of Highway Safety Statistics

Every few years, Georgia’s Office of Highway Safety will release results regarding the number of accidents in the state. The Office categorizes the accidents by various factors, including DUIs, seatbelt usage, and time of day. The latest reports indicate that there were about a total of 1,223 fatal accidents in the state, of which about 277 were a result of a driver who was driving under the influence. Of those individuals who were killed, about 159 were under the age of 20, and six were under the age of 15. Considering the amount of education and prevention that goes into drunk-driving awareness, these numbers are startling.

Continue reading →

Published on:

The Supreme Court of Texas recently published an opinion concerning a claim regarding liability in lawsuits involving sovereign immunity. In the case, Molina v. Alvarado, an individual sued a driver employed by a city for negligence and negligence per se, after the city employee allegedly caused an accident by hitting the individual’s car while intoxicated.

philadelphia-city-hall-797448-mThe plaintiff claimed that the city employee was operating the vehicle during the scope of his employment and that the City, through the driver, was responsible for the injuries sustained. After the City was sued, they asserted their privilege of sovereign immunity and argued that the Texas Tort Claims Act (TTCA) did not waive their immunity. The court agreed with the defendant and dismissed the City from the lawsuit.

After this decision, the plaintiff requested that the city provide a legal and factual basis for its immunity. However, that request was denied by the court. Additionally, the plaintiff added the driver as a defendant. The plaintiff then went on to include an alternate argument contending that, even if he wasn’t working within the scope of his employment, he was negligent in his individual capacity.

Continue reading →

Published on:

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.

alcohol-1342726-mHowever, 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.

Continue reading →

Published on:

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.

girl-silhouette-1122906-mThe 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.

Continue reading →

Published on:

Late last week, a traffic accident occurred in Lumpkin County around Azalea Ridge. According to a local news report, a man was driving north when he was unable to navigate a curve. He swerved out of his lane and crossed through the center median and hit another car. The driver of the vehicle was not wearing a seatbelt during the accident.

bar-1217438-mUnfortunately, the car that was hit was carrying three young adults. The driver of the vehicle was flown to a hospital, and the other two individuals were driven to another nearby hospital. Only one of the passengers was wearing a seatbelt, but no one was thrown from either of the cars.

Georgia State Police explained that the driver of the vehicle that crossed the median will likely be charged with various crimes. One Trooper explained that the driver will be charged with “failure to maintain lane, driving on the wrong side of the roadway, DUI, two counts of felony serious injury by vehicle, and seatbelt violation.”

Continue reading →

Published on:

Earlier this week in Cobb County, a sheriff’s deputy was arrested after he was linked to a hit-and-run accident with a tractor trailer. According to a report by a local news source, the accident occurred on Canton Road when the deputy crashed into the tractor-trailer while driving drunk.

police-car-126271-mEvidently, after getting into the accident, the deputy abandoned the vehicle he was driving and fled the scene. However, he forgot to take his wallet with him, and police used the information inside to link him to the accident. Police then went to the deputy’s home and arrested him. He is being charged with driving under the influence, failure to maintain his lane, and failing to report an accident with injuries or damages.

The officer was taken into jail but has since been released on a $1,600 bond.

Continue reading →