Common Misconceptions of Atlanta Drunk Driving Accidents

One common misconception of Atlanta drunk driving accidents involves the criminal aspect of these cases. A prosecutor for the state who criminally tries the drunk driver in the accident does not represent victims, he or she represents the state, society at large, and is trying to punish a criminal offense.

These prosecutors do not represent the civil interests of victims. While in some rare cases, there may be restitution that comes from the criminal aspect of the accident, that is not the norm. That’s why it is important for someone who has been injured or sustained any degree of loss from a drunk driver to pair with a team of qualified civil attorneys who could put that person’s needs first.

Do Victims Need a Civil Attorney?

Despite what some victims of drunk drivers think, they do need a civil attorney if they wish to bolster their chances of a favorable civil courtroom outcome. The state’s attorney works to punish and deter an alleged offender, but a civil attorney could work to gather evidence, assess losses with the help of an in-house doctor, and present findings in negotiations or trial with cutting-edge technology. This is something that the state’s prosecutor does not do.

The role of a civil attorney is to fill the gap between holding someone criminally liable and holding someone civilly liable.

Importantly, even if an irresponsible party was not criminally convicted, that does not mean a civil case could not be brought against him or her. Someone could still be guilty of negligence, even if found criminally innocent.

Could Victims Receive Compensation from Both Criminal and Civil Cases?

It is rare for victims to receive the compensation they need from any criminal case. At times a court may order restitution, but these amounts are rarely sufficient for someone’s losses. The criminal justice system is just not a system designed to compensate people for their losses.

With the civil courts, victims could certainly bring a claim against the negligent driver, but they should first consider working with an attorney. An attorney could help victims assess their losses and seek an appropriate amount for them.

Common Recoverable Losses

The victim of a drunk driver would be entitled to recover the expenses for his or her medical bills, both past and future. A victim would be able to recover for any lost wages, which again covers what was lost in the past and what could be lost in the future.

Victims of Atlanta drunk drivers are also entitled to recover what attorneys call general damages. And that would refer to pain and suffering. These losses could refer to anything from just the loss of enjoyment if a victim is no longer able to enjoy the day-to-day living of life due to pain and injuries. Losing the ability to engage in a hobby a victim once enjoyed could certainly be recoverable.

All damages that a victim could recover in a normal car accident would be available in a drunk driving accident case. However, now that a drunk driver is involved, punitive damages could be recovered. These damages are meant to deter the irresponsible party from ever acting in the way that led to a victim’s accident ever again.

Connect Directly with an Attorney

No one suspects that they would ever be the victim of a drunk driver. However, this often happens. This and other common misconceptions of Atlanta drunk driving accidents could be addressed with the help of an attorney who could fight for the compensation you need. It all starts with your free case review. Call today to speak to an attorney who takes calls after hours.

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