Impaired Driving Collision

Drunk drivers are often the cause of vehicle collisions that result in serious injuries and fatalities on Georgia roads and highways. According to the latest figures from the National Highway Traffic Safety Administration (NHTSA), approximately 35% of all fatal car accidents are caused by a driver whose blood alcohol concentration was 0.08 percent or higher. NHTSA also estimates that in 40% of all motor vehicle accidents involving a death, some amount of alcohol had been consumed by at least one of the involved motorists. In addition to drunk drivers, drivers who are under the influence of illicit or prescription drugs are often times impaired and are frequently the cause of serious or fatal accidents. In these circumstances, DUI victims should retain an attorney who has particular knowledge of both DUI law, personal injury law, and who is experienced with wrongful death litigation. The lawyers at Miller & Hightower are experienced plaintiff’s attorneys with particular expertise in DUI law. Having served on Georgia’s Blue Ribbon Young Driver and DUI Study Commission, Mr. Miller has studied the tragic effects of DUI on innocent victims and has been involved in shaping Georgia’s current DUI law. In addition, both Mr. Miller and Mr. Hightower have successfully prosecuted and defended DUI drivers. The lawyers at Miller & Hightower are well regarded throughout West Georgia for their aggressive pursuit of civil claims and lawsuits against drunk drivers and against those individuals or businesses, who negligently sold or served alcohol to the impaired driver.

DUI collisions are significantly different from auto accidents caused by drivers who are not impaired. While either circumstance can have devastating effects and can result in injury or death to motorists and pedestrians, DUI crashes are not accidents; they are the result of a driver’s conscious and willful decision to consume alcohol or drugs and then operate a vehicle. Additionally, driving while impaired by alcohol or drugs is a serious crime and even rises to the level of a felony where someone is injured or killed by a DUI driver.

The fact that a driver causes a collision while driving under the influence will have a substantial effect upon civil cases involving injury or death of a DUI victim. Under Georgia law, an injured victim can assert a claim for punitive damages against a DUI driver, which is not available in simple car wreck cases. Also, under the U.S. Bankruptcy Code, punitive judgments against DUI drivers are given special treatment that prohibit a discharge of any such judgment rendered against DUI drivers in a civil case. Because the potential for compensatory and punitive damages exist in all DUI collision case, the lawyers at Miller & Hightower quickly investigate the DUI driver’s assets and the extent of insurance coverage that the DUI driver may have to compensate the victim.

In addition to claims against the DUI driver, depending on the circumstances of the case, civil claims against others may exist. Other claims that are unique to DUI driving cases include:

• Dram Shop Liability
• Social Host Liability
• Negligent Entrustment

The experienced personal injury and DUI lawyers at Miller & Hightower understand and appreciate the meaningful differences between DUI collisions and other automobile accidents. We also understand the intricacies of DUI prosecutions and the strategies that DUI defense lawyers use to avoid the conviction of DUI drivers. Our attorneys appreciate how a DUI driver’s criminal prosecution impacts a DUI victim’s civil case. The lawyers at Miller & Hightower are also accustomed to dealing with police, prosecutors, and victim coordinators. Miller & Hightower has handled hundreds of criminal and civil DUI cases. Our attorneys are NHTSA certified in Standardized Field Sobriety Testing and uniquely familiar with the evidence relating to the use and admissibility BAC tests and other critical evidence. Our lawyers utilize their experience and knowledge of DUI law to protect our clients and develop a winning case that will compensate them for their damages.

No West Georgia personal injury lawyers are more dedicated to the aggressive pursuit of civil claims against DUI drivers than the attorneys at Miller & Hightower. We actively participate in developing state law to protect innocent adults and children from DUI drivers. We continuously develop our skills and knowledge of DUI law and Personal injury law to enable our firm to effectively fight for DUI victims. Contac the lawyers at Miller and Hightower immediately if you or your family member are the victim of a DUI driver.