Did a Third Party Cause Your DUI Accident in Atlanta?
A driving under the influence, or DUI, accident can happen anytime a person drives drunk in Atlanta. If a drunk dirver causes an accident that injures you, whether you were driving at the time, biking, or walking, that drunk driver can be held liable for your injuries. An Atlanta DUI lawyer can help you recover compensation for your accident-related expenses.An Atlanta DUI Claim Involves Negligence
You can file a personal injury lawsuit after being injured in an accident with a drunk or otherwise impaired driver because operating a motor vehicle while intoxicated falls under negligence per se. Negligence per se is a more specific type of grounds for a personal injury claim than general negligence. General negligence involves the failure of a person to prevent causing an accident with injuries. He or she fails to act like a reasonable person would in the same and/or similar situation. A “reasonable person” would not operate a motor vehicle while intoxicated.
Negligence per se can also involve a failure to obey a statute. This statute is typically a traffic law such as that a driver is prohibited from operating a motor vehicle while intoxicated in Atlanta.You can Sue a Third Party for Causing Your Atlanta DUI Accident
Before filing a claim, a DUI attorney serving Atlanta will determine who is responsible for the accident. Third party responsibility involves a person other than the driver causing the accident that injures you. This means the third party did something or failed to do something to cause your DUI accident.
A third party can be held liable for your DUI accident if:
They are a social host. A social host includes an individual or organization providing alcohol to an underaged or noticeably intoxicated guest. The organization can include employers, clubs, or college groups like sororities. Someone considered “noticeably intoxicated” is an individual who shows all the signs of being under the influence or alcohol.
They are a dram shop. A dram shop is a restaurant or bar that sells alcohol to a noticeably intoxicated adult or an underaged driver. They are financially responsible for a DUI accident.
They are negligent. Negligent entrustment describes a motor vehicle owner who allows a person he or she knows is intoxicated to driver his or her vehicle. If the vehicle owner did not know, then he or she should have known the person was intoxicated.
Obtaining compensation from a third party who is indirectly responsible for a DUI accident involves proving general negligence. An Atlanta DUI lawyer will prove four elements to win the case:
- The defendant owed you a legal duty not to let the drunk driver operate a motor vehicle. A legal duty protects you from harm.
- The defendant failed to protect you from harm. This is called a breach of legal duty.
- The defendant caused your DUI accident.
- The defendant owes you money for your accident related expenses such as medical bills and lost wages.
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