1. Was the driver driving erratically or weaving in and out of lanes?
2. Did the driver look passed out over the wheel after the accident?
3. Did they speed up and slow down erratically?

If you saw this kind of behavior from the driver before the crash, it’s likely that the driver may have been intoxicated. Make sure to tell the officer at the scene your observations.

Police rely on statements of witnesses and others about how the accident happened. If you are suspicious that the other driver was under the influence of drugs or alcohol, you should tell the police officer what you saw.

Make sure you give as many accurate details that you can remember so that the officer can document the accident properly.

If it’s proven that the driver was under the influence at the time of the accident, he or she will likely face criminal charges.

However, those criminal charges will not provide your family with personal injury compensation for injuries, medical bills, or property damage.

It would be best to talk to an experience attorney to see if you have a claim you can make against the drunk driver and the driver’s insurance company for your or a family member’s personal injuries or, in worst cases, their wrongful death.

If the driver is convicted of a DUI at the time of the accident, it should make it easier to prove that the driver was negligent. A driver convicted of violating Georgia law by driving with a blood alcohol level of .08 or higher is generally considered to be negligent as a matter of law.

An insurance company knows that if the driver they are insuring goes to trial, the jury will opt to be more sympathetic to the person or family harmed by the DUI driver.

The insurance company will likely want to avoid going to trial and seek an out-of-court settlement. This may not be in your best interest.

No matter what you have gone through, insurance companies will try to make a quick, initial settlement offer to you in order to minimize the amount they have to pay.

These initial offers are usually much less than the claim is actually worth. We advise to never accept an offer or sign anything presented by drunk driver’s insurance company without consulting an accident attorney and having the lawyer review the case, evidence, and offer.

When you lose a loved one in an accident, your family shouldn’t have to suffer this loss without answers. If the death was caused by a drunk driver, you may be able to get financial compensation to help your family through Georgia wrongful death claim. 

This kind of case can be very complicated and you should retain an attorney as soon as possible to help guide you through this difficult process.

One of the first things your attorney will do is review your case of wrongful death to determine if a survival action claim can be filed. A survival action in a Georgia wrongful death claim is brought by the deceased’s estate, rather than the family.

This legal action seeks compensation for the victim themselves in regard to their financial losses and the pain and suffering they experienced due to the accident. The representative of the estate brings this action and will act as the main contact for legalities.

 A survival action claim will includes: 

– medical expenses related to the accident

– hospital expenses related to the fatal accident

– pain and suffering compensation if the deceased lived for a period of time between the accident and their death

Basically, as the term suggests, a survival action claim seeks compensation for the victim that they would have been able to seek themselves had they survived the accident and recovered from their injuries. In a typical personal injury lawsuit these are the damages you can seek if you survive; therefore the estate is entitled to seek these same damages.