Drunk driving is illegal, and has serious consequences. A driver who is drunk could cause accidents to happen, injuring or killing himself or other innocent motorists on the road. If you are involved in an accident with a drunk driver, you need to know what happens in the crash aftermath. An Atlanta drunk driving accident lawyer can provide you with assistance in pursuing legal action to hold the intoxicated motorist responsible for the harm you have experienced.
What Happens After an Atlanta DUI Accident?
After an Atlanta DUI accident, the police should be called. A law enforcement officer can come to the scene of the collision. If the police believe that intoxication played a role in causing the collision to happen, or if the accident was a serious or fatal one, toxicology testing may be performed on the involved drivers. Police will follow Georgia laws on when a breathalyzer or other blood alcohol concentration test can be administered on motorists, so police may need to get a warrant depending upon the circumstances.
When a driver's blood alcohol concentration (BAC) is tested, there should be an official report prepared which show the level of alcohol in the motorist's blood. There are different kinds of tests performed, including breathalyzer tests, blood tests, and urine tests. The information about how the test was performed and about the results of the test are all very important. Injured accident victims can obtain copies of toxicology results during a car accident case, and may be able to use this evidence against the impaired driver in order to prove intoxication.
A driver who was found to be drunk when he caused an accident will likely face criminal charges following the crash. The drunk driver may be charged with serious felony offenses, including a vehicular homicide or manslaughter offense depending upon the specific actions of the intoxicated motorist. The decision to prosecute, or not prosecute, lies with the state and the prosecutor assigned to the case. Victims of a drunk driver cannot initiate criminal action, although they can agree to cooperate and provide testimony.
Victims and their families can file a civil claim for personal injury or wrongful death. Even if the drunk driver is imprisoned and found guilty of a crime, the civil case can still move forward. Usually, it is the insurer of the impaired driver who ends up paying the bills for the losses that the drunk driving motorist caused to others on the road. An attorney can provide help to victims in gathering necessary evidence and putting together the strongest case that is possible so victims can try to get full and fair compensation for all the harm the intoxicated person caused.
The Atlanta car accident lawyers at Van Sant Law, LLC can represent victims after a collision. Call today at 404-991-5950 or contact us online to schedule your free consultation.