What Percentage of Car Crashes Are Caused by Drinking?
Drunk driving is a pervasive threat on Georgia’s roadways and contributes to a significant number of car accidents every year. Despite stringent laws and heightened awareness campaigns, driving under the influence continues to be a problem with devastating consequences.
Impaired drivers not only jeopardize their own safety but also endanger everyone sharing the road. This often leads to serious injuries and tragic fatalities. If you have been injured by a drunk driver, you can hold them accountable. Recover monetary compensation for your injuries with the help of an experienced Georgia personal injury lawyer.
What Percentage of Car Crashes in Georgia Are Caused by Drinking?
Data from the Georgia Governor’s Office of Highway Safety shows that between 2013 and 2022, a total of 3,749 people were killed in drunk driving accidents. Drunk driving-related fatalities accounted for nearly 25% of all traffic fatalities. In other words, nearly 1 out of every 4 persons killed on Georgia’s roadways was a victim of drunk driving.
Data also shows that drunk drivers are more than twice as likely to indulge in speeding compared to drivers who do not have any alcohol in their system. In 2020, close to 40% of speeding drivers who were involved in serious accidents were impaired.
Perhaps the worst part about drunk driving is that it disproportionately impacts other drivers and road users. Data shows that when a drunk driving accident occurs, unimpaired drivers, their passengers, and non-motorists are at significantly higher risk. In fact, they are 54% more likely to suffer fatal injuries compared to the impaired driver who caused the accident.
The Threshold for Drunk Driving in Georgia
In Georgia, the legal threshold for drunk driving is defined by the blood alcohol concentration (BAC) level. Under O.C.G.A. § 40-6-391, it is unlawful for any person to operate a vehicle under the following circumstances:
- General Drivers: A BAC of 0.08% or higher is considered over the legal limit for drivers 21 years of age or older.
- Commercial Drivers: The BAC limit is 0.04% for those operating a commercial vehicle.
- Underage Drivers: For drivers under the age of 21, Georgia has a strict zero-tolerance policy. A BAC of 0.02% or higher constitutes a violation.
These thresholds are in place to ensure that drivers are not impaired and pose no risk to others on the road. Violating these limits can result in serious criminal charges, including DUI (Driving under the Influence) and enhanced penalties for those with higher BAC levels or repeat offenses.
Why the Risk of Serious and Fatal Injuries is Higher in Drunk Driving Accidents
Drunk driving significantly increases the likelihood of severe and fatal injuries. Several key factors exacerbate the dangers on the road.
Slower Reaction Times
Intoxicated drivers experience diminished coordination and slower reaction times. Their motor skills and decision-making abilities are impaired. Making them less capable of executing precise maneuvers such as swerving to avoid obstacles or responding swiftly to sudden changes in traffic conditions. This reduced responsiveness means that drunk drivers are more likely to be involved in high-impact collisions. Significantly increasing the potential for severe injury.
Impaired Judgment
Alcohol lowers inhibitions and impairs judgment. This behavior often leads drunk drivers to engage in reckless actions such as excessive speeding or aggressive driving. These dangerous driving patterns contribute to the intensity of crashes, making them more likely to result in serious or fatal injuries. High-speed collisions, for instance, generate more force, amplifying the impact on vehicle occupants and increasing the risk of catastrophic injuries.
Impaired driving skills, reckless behavior, and disregard for safety protocols create a perfect storm for severe accidents. This is why the risk of fatal injuries is much higher in drunk driving accidents. Even when victims survive, they are often left with life-threatening injuries or long-term disabilities. These injuries can significantly impact their quality of life.
If I Am Injured By a Drunk Driver, Can I Recover Damages Even If There is No DUI Conviction?
Yes. You can recover damages from the drunk driver even if they are not convicted of DUI. This is because in personal injury cases, the burden of proof is different from criminal cases.
In a criminal DUI case, the prosecution has a duty to prove the driver’s guilt beyond a reasonable doubt, which is a very high standard to meet. If the driver is acquitted or found not guilty, it doesn’t necessarily mean that they were not drunk or were not responsible for the accident. It only means that the jury did not find sufficient evidence to convict them beyond a reasonable doubt.
In a civil personal injury case, on the other hand, the burden of proof is much lower. You are only required to prove that the driver was negligent and caused the accident by a preponderance of the evidence, which means it is more likely than not that the driver’s actions caused the accident.
This standard is much easier to meet if you have a skilled lawyer on your side. Your lawyer can use the driver’s BAC, field sobriety test results, police reports, witness statements, and other evidence to establish the driver’s negligence and their role in the accident.
Compensatory Damages You Can Recover in a Georgia Drunk Driving Accident Claim
Depending on how severe your injuries are, their impact on your future earning capacity, and a number of other factors, you might be able to recover the following compensatory damages.
- Medical expenses including hospital bills, surgical fees, rehabilitation, prescription medications, and any future medical care you might need
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Diminished quality of life
Possibility of Punitive Damages in a Georgia Drunk Driving Accident Claim
Under Georgia law, punitive damages can be awarded in drunk driving cases to punish the wrongdoer and deter others from engaging in similar conduct. Unlike compensatory damages, which are intended to cover your actual losses and expenses, punitive damages serve a different purpose: to address the egregiousness of the defendant’s behavior.
O.C.G.A. § 51-12-5.1(b) states that punitive damages can be awarded when a plaintiff proves by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, or oppression. In drunk driving cases, the defendant’s decision to drive under the influence of alcohol is often considered an act of gross negligence that can justify such damages.
It should be noted that the burden of proof for recovering punitive damages is much higher compared to the burden of proof for compensatory damages. You are required to demonstrate that the defendant acted with a willful disregard for the safety of others. This requires a detailed examination of the driver’s conduct before, during, and after the accident. It also involves understanding the driver’s intent and state of mind. A Georgia personal injury lawyer can play an invaluable role in this process.
An experienced lawyer can investigate your accident and gather the evidence needed to prove the at-fault party’s behavior was egregious. This may be necessary to warrant punitive damages. The evidence could include police reports, witness statements, and the at-fault driver’s breath and blood test results. Expert testimonies can also be used to prove the driver was drunk at the time of the accident. These testimonies help demonstrate the severity of the driver’s conduct.
Using the evidence, the lawyer can advocate for the inclusion of punitive damages in your award and make compelling arguments to convince the jury of the need for such an award.
Get Legal Help from Our Top-Rated Georgia Drunk Driving Accident Lawyers
If you have been injured in a drunk driving accident, you need a fierce advocate. Someone who not only has a deep understanding of Georgia personal injury law but is also prepared to fight tirelessly for you. Our founder, Tanya Miller, is a highly-rated personal injury lawyer in Georgia. She has earned a reputation for taking on complex cases and has a track record of success that few of her peers can match.
Call Miller Injury Trial Law today at 855-44MILLER or fill out our online contact form to schedule a free consultation.
