When you’re out at night and have too much to drink, there’s a right way and a wrong way to get home. The right way is to call an Uber or a taxi. The wrong way is to try and walk.
Unfortunately, many people don’t realize this until it’s too late. And, as a result, they get hit by cars while trying to cross the street. If you’re one of these people, what are your rights?
This article will discuss the legal rights of intoxicated pedestrians struck by cars. We will also provide information on how to protect your rights best if you are involved in such an accident.
Laws Surrounding Intoxicated Pedestrians and Their Rights if Struck by a Car
In Georgia, it is illegal to be a pedestrian on the roadway while intoxicated. This law applies to anyone who is “less safe” to walk because they have consumed alcohol.
If you are hit by a car while breaking this law, the at-fault driver may try to use this against you in court. They may argue that because you were breaking the law, you are at least partially to blame for the accident.
However, this argument is not always successful. Georgia’s comparative negligence law states that even if you are partially at fault for an accident, you can still recover damages from the other at-fault party.
What You Should Do if You’re Struck by a Car While Intoxicated?
If you’re hit by a car while intoxicated, you should first seek medical attention. It’s important to get checked out by a doctor, even if you think your injuries are minor. Often, people hit by cars sustain internal injuries that are not immediately apparent.
After seeing a doctor, you should call an Atlanta personal injury lawyer. An experienced attorney will be able to investigate your case, gather evidence, and build a strong claim on your behalf. They will also deal with insurance companies so that you can focus on your recovery.
It’s also important to have a lawyer familiar with DUI laws in Georgia, as a DUI lawyer can better help you if the at-fault driver was drunk at the time of the accident.
Damages You Can Recover if You’re Struck by a Car While Intoxicated
You can recover economic and noneconomic damages if you’re struck by a car while intoxicated. Economic damages include a specific dollar amount, such as medical bills, lost wages, and property damage. Noneconomic damages are more difficult to quantify but can be just as devastating. These include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
On the other hand, a drunk driver who hits you can be liable for your economic and noneconomic damages. The driver may also be held liable if he or she knew or should have known that you were intoxicated but chose to drive recklessly anyway. If the driver is charged with DUI, this can be used as evidence of negligence.
In some states, dram shop laws hold bars and restaurants liable if they serve alcohol to someone already intoxicated and that person goes on to cause an accident. These laws vary from state to state, so you must speak with an attorney if you’ve been injured by a drunk driver.
First Offense DUI in GA
A first-offense DUI is a misdemeanor. The penalties for a first DUI in GA are:
- A fine of up to $1,000
- 1 to 10 days in jail
- License suspension for up to one year
- DUI School
- Community service
- Alcohol or drug evaluation and treatment (if ordered by the court)
The penalties for a first DUI in GA are enhanced if the driver’s BAC was .08% or higher, they had a passenger under 21 in the car, or they refused to submit to a chemical test. Atlanta criminal defense lawyers can help you if you’ve been charged with DUI or have been hit by a drunk driver.
Speak With an Atlanta Drunk Driving Lawyer Today
Contact an Atlanta drunk driving lawyer today if you or a loved one has been hit by a car while intoxicated. Experienced personal injury attorneys will be able to review your case and help you understand your legal options. You may be entitled to compensation for your injuries, so do not hesitate to seek help.
They will also deal with insurance companies so that you can focus on your recovery. It’s important to have a lawyer familiar with DUI laws in Georgia, as an Atlanta DUI lawyer can better help you if the at-fault driver was drunk at the time of the accident.
Being hit by a car is a scary and traumatizing event. If you are hit by a car while intoxicated, it is important to seek medical attention and contact an experienced Atlanta personal injury lawyer. You may be entitled to compensation for your injuries, so do not hesitate to get help.