The law requires that people not get behind the wheel while they are intoxicated. Establishments which sell alcohol are also required to take reasonable steps in order to ensure that they do not facilitate drunk driving. Unfortunately, these laws are broken all too often. Drunk driving accidents often lead to serious injuries and even wrongful death. If you or a family member have been the victim of such an act then it is important to understand that you have options. Richard Summers is an Atlanta personal injury attorney who handles cases involving drunk drivers and/or Dram shop operators. It is important that you take immediate steps to protect your rights after a car accident. Contact our office today to speak with a lawyer.
Atlanta Dram shop lawyer handling cases against companies which illegally sold alcohol
Georgia is like many other states in that the sellers or providers of alcohol can potentially be held responsible for accidents which were caused by a drunk driver. This is known as “Dram shop” liability. Our state allows for the provider of alcohol, whether they are a business or a private individual, to be sued for an accident if:
- The alcohol was served to someone who was visibly drunk or underage; and
- The provider of the alcohol had reason to believe the person was going to drive; and
- The driver’s intoxication played a role in the accident
Cases against Dram shop owners generally arise after a DUI accident. A case generally must be filed within two years of the time at which the accident occurred.
The first step in a liquor liability case is for the victim’s attorney to identify the entities who may be responsible. These may include the owners of a bar or restaurant which served alcohol as well as various corporate entities. Each of these entities must be named in any lawsuit. Establishing that such establishments, in fact, sold alcohol to the negligent driver can require extensive investigation. This can include interviewing witnesses, reviewing surveillance footage, analyzing sales receipts, etc. It may also be necessary to retain an industry expert who can testify as to whether the establishment’s policies for preventing such incidents were considered “reasonable” or adequate when compared to those of other establishments. If a settlement cannot be reached then the matter will proceed to trial. The jurors will decide issues related to liability, monetary damages, and whether punitive damages are appropriate. Dram liability cases involve complicated legal issues and it is important that you retain an experienced attorney.
Our Atlanta personal injury lawyer assists car accident victims who have been hit by a drunk driver. Richard Summers has been practicing law since 1978. Once retained he will begin a full investigation into the matter. This includes reviewing records from the Secretary of State’s Office in order to identify potential defendants, hiring an investigator, and determining whether the establishment has a history of similar conduct. Richard will quickly file a lawsuit if a settlement cannot be reached and he will use the discovery process to obtain corporate records, sales records, etc. He will not hesitate to take your case to trial and will make sure you know what to expect as the matter moves forward. We recognize that you have been through a serious ordeal and our firm will give your case the attention it deserves.
Our firm serves residents of Atlanta and its greater metro area. This includes the Fulton County cities of Sandy Springs, Roswell, Johns Creek, Alpharetta, Milton, and East Point, the DeKalb County cities of Dunwoody, Decatur, Brookhaven, Redan, and, the Cobb County cities of Marietta, Smyrna, Mableton, and Kennesaw, the Fayette County cities of Fayetteville and Peachtree, the Hall County city of Gainesville, as well as other areas throughout the state of Georgia.
Atlanta injury attorney handling uninsured/underinsured motorist claims which stem from drunk driving accidents
There are times when a drunk driver is solely to blame for a car accident. There may also be issues related to whether the offending driver had adequate insurance coverage or whether their insurance will cover the accident at all. In such situations the victim may be able to file an underinsured/uninsured motorist (UM/UIM) claim against their own policy. These types of claims can be hotly disputed and you need a lawyer familiar with such cases. Richard has handled such cases on behalf of Atlanta residents and he will make sure that your insurer meets their obligations. Do not risk your future to a lesser experienced attorney. Contact us today.