Articles Posted in DUI Accidents & Dram Shop

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When an individual has been convicted of drunk driving, they often are required to have an ignition interlock device placed on their cars. These devices prevent a person from starting a car until they have passed a breath test for driving. States have passed compliance laws that strictly require individuals who have had an ignition interlock device installed in their vehicle after a DUI offense to comply with these devices. The devices can only be removed once the person has shown to have complied with the devices for a defined period of time. These compliance laws seem to have much higher success than other methods of preventing repeat offenses and reducing the risk of alcohol – related car accidents.

Those  findings come from a new study conducted by the Governors Highway Safety Association. The report focused on the effectiveness of compliance- based removal components in ignition interlock device laws.  Currently, all states, including Georgia, have some form of ignition interlock device laws which require that they get devices installed in their vehicles that prevent them from operating their vehicle if their system contains more than a certain amount of alcohol.  At  least 33 states have compliance- based removal laws in place that clearly define conditions that must be met for an exit from the interlock device requirement.  Georgia, unfortunately, does not have a compliance- based removal component as part of its  ignition  interlock device laws.

The  Governors Highway Safety Association focused on two states that   have compliance – based removal laws and two states that do not have such laws.  The study established that states that have compliance -based laws have  much lower recidivism rates  for drunk driving compared to states that do not have such compliance laws in place. The Governors Highway Safety Association researchers say that there is no way to absolutely confirm that these higher recidivism rates in states that do not have compliance -based removal laws were related to the absence of these laws and that other factors could also play a role.  But  they also stress that compliance -based  removal laws do  provide an extra layer of protection that can prevent these auto accidents. The researchers  are encouraging states like Georgia to review their ignition interlock laws to identify deficiencies and correct  these in order to make these laws more effective.

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While there have been many theories for the disturbing rise in auto accident wrongful deaths across the country,  one under examined factor is now under the scanner.  Experts  believe that a drop in police enforcement since just before the pandemic is possibly partly responsible for a spike in car accident deaths.

Car accident deaths in 2022 were as much as 18% higher than the numbers in 2019.  They have continued to increase, spiking even during the pandemic when vehicular traffic volumes were at all time lows.  During  a time when American roads should have been safest, they were actually even more dangerous than before the pandemic with normal traffic volumes.  This   phenomenon was also uniquely American.  Most Western countries did not report increases in car accident deaths during the pandemic.  Many, in fact, actually saw a drop in car accident rates as a result of lockdowns and lower traffic volumes.

There have been a number of theories that have been espoused as reasons for the increase in car accident deaths in the United States.  From  an increase in speeding to larger volumes of distracted drivers, experts believe that a combination of factors has led to a spike in the number of people being killed in car accidents.  However, one particular factor has not received a lot of attention and NPR recently addressed this.  The report by NPR says that a drop in police enforcement across the country is at least partly responsible for the spike in car accident deaths.

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Georgia gets a mention in a new list of some of the worst driving states in the country, thanks to a new study which considered a number of factors including car accident rates while assigning rankings.

The rankings come from research conducted by Quote Wizard.  The Quote Wizard team analyzed more than ten million insurance quotes before arriving at these findings. The company releases its list of the worst driving states in the country every year and this year, Georgia is mentioned in the top 25 worst driving states in the United States. The state ranks at number 17 on the list.

The research team used several parameters, including the number of auto accidents, DUI violations,  number of speeding tickets issued in each state and the citations for violations for running a red light or using a cell phone while driving.  According to the research team, states that were ranked in the top 25 worst driving states had high auto accident rates compared to the states that were ranked at the bottom of the list which had lower car accident rates in comparison.

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People who have suffered an alcohol related personal injury, like an injury that results from a drunk driving car accident,  may have their chances of dying in the year after the injury increase significantly.

As the holiday season commences, it is important for Georgia motorists to understand that driving under the influence of alcohol, or otherwise using alcohol irresponsibly in a manner that  causes them personal injury may actually increase  their chances of dying in the year after the injury.  According to the results of a new study that was published in the Journal of Studies on Alcohol and Drugs, when a person suffers an injury of the kind that results from an alcohol -related car accident, or any alcohol-related accident, especially an injury that is serious enough to require hospitalization, the chances of the person dying after the injury increase by a staggering 5 times.

The researchers looked at people who suffered from alcohol – related disorders and analyzed their fatality risk after suffering a serious personal injury related to their alcoholism.  Different types of injuries were studied as part of the research. These injuries include those that result from drunk driving accidents as well as slip and fall accidents which are common when a person is inebriated and not in complete control of his senses. The researchers also included those injuries that occurred as a result of attempted self-harm,  or  when the person is involved in drunken fights.

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A judge in Fulton County has set a bond for a motorist who police allege, caused a drunk driving accident on I- 20 early in the month.  The impact of the crash caused one of the passengers in the car the motorist hit, a 21-year-old woman to be ejected from the car.  She sustained fatal injuries.  The other people in the car were also injured, and still recovering in the hospital.

This judge set a bond of $310,000 for the alleged driver on charges that range from DUI to first degree homicide.  For the family of the woman killed in the accident, it’s been a frustrating experience to see the man they believe responsible for their loved one’s death out on bond.

There has been a decline in injuries and fatalities caused by drunk driving accidents across Georgia.  For example, in 2008, there were 416 deaths caused by drunk driving accidents.  That was a decline over 2007, and mirrored the drop across most of Georgia, and, in fact, most of the country.  Much of this decline can be attributed to better enforcement efforts  .Law enforcement has become more aggressive about cracking down on drunk drivers randomly over the weekends and major holidays.

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Auto safety group Advocates for Highway and Auto Safety has released its annual report on performance and highway safety measures. This year, Georgia has been ranked well, notching up a Green ranking, the highest on the list, a finding that is encouraging to the Atlanta car accident attorneys at our firm.

The 9th annual Roadmap to State Highway Safety Laws compares all 50 states and grades them based on their adoption of 15 basic traffic safety laws. The 15 laws include everything from seatbelt and motorcycle safety to graduated driver’s licensing programs and distracted driving measures.

Georgia received a Green ranking, and the report found that the state performed well by implementing at least 11 of the laws the Advocates for Highway and Auto Safety recommends.  However, many feel Georgia could do better.  One of the ways that the state could improve its highway safety record is by raising the minimum age for getting a learner’s permit, and enacting stricter nighttime and passenger restrictions on graduated driver’s licensing programs for teen drivers.  Sadly, teenage drivers are some of the biggest victims of auto accidents every year.  Stronger graduated driver’s licensing laws in Georgia may help save more teen lives in accidents every year.

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A new study finds that a significantly high number of people who consume alcohol and drugs go ahead and operate a motor vehicle after doing the same, raising their risks of being involved in an auto accident.

According to the study by the Insurance Institute for Highway Safety, as many as two-thirds of persons who consumed alcohol and imbibed marijuana also  admitted to driving within 2 hours after the fact. The results of the study are disturbing because each of these behaviors is dangerous on its own.  Your risk of being involved in a car accident increases substantially even if you are only under the influence of alcohol or only under the influence of drugs.  A  combination of the two, however, would be lethal behind the wheel.

As many as 7 out of 10 drivers in the study admitted to driving after consuming alcohol.  Only  about one in 10 drivers admitted to driving after having ingested both alcohol and drugs.  However,  among these, 33% admitted to operating a motor vehicle within 2 hours after ingesting alcohol and marijuana.

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Even as federal transportation authorities grapple with a spike in deaths in all types of car accidents, a new study finds that high visibility traffic enforcement campaigns may possibly hold the key to reducing those numbers and keeping motorists safe.

The National Highway Traffic Safety Administration recently revealed that auto accident death numbers are on the rise.  Those numbers were extremely high in 2020, a year in which American motorists drove fewer vehicle miles than in previous years.  In 2021, according to projected estimates, those numbers were at their highest in more than a decade.   This increase has been high enough to spur federal transportation authorities into action. The new National Highway Traffic Safety Administration chief has announced his Roadway Safety Strategy, a plan that aims to combine efforts towards safer roads, vehicles and motorists to reduce car accident death numbers.

A new analysis by the National Highway Traffic Safety Administration finds that high visibility traffic law enforcement campaigns like those that are frequently conducted to encourage motorists to buckle up or drive safely or at posted speeds may be effective in helping reduce car accident fatality numbers

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The federal administration spends millions of dollars in traffic safety campaigns every year.  An analysis of the effectiveness of these campaigns finds that unless these education campaigns are also combined with practical action, they may have a very limited impact on traffic safety or the number of car accidents which occur each year.

The National Highway Traffic Safety Administration’s traffic safety campaigns  encourage motorists to drive safely, wear seatbelts and avoid driving under the influence of alcohol.  One stellar campaign that the federal agency conducts annually is the Click it or Ticket campaign that encourages motorists to wear seatbelts while driving.  The campaign is credited with increasing seatbelt usage across the country, and usage rates are currently now at above 90%. This is a very respectable percentage, although it is still imperative that we reach out to the 10% of motorists who fail to wear seat belts. Individuals who fail to wear a seatbelt are those who are most likely to suffer a personal injury in a car accident. To learn more about personal injury matters involving car accidents, please visit our website.

However, according to some experts, it is not the campaign by itself that has promoted seat belt use.  Rather, it is the fact that newer automobiles now come with a seatbelt warning system that gives a motorist time to wear the seatbelt and make sure that everyone else is also buckled in before the driver operates the car.  In one such system, the car will not start until a few seconds after the ignition is turned on to give the motorist time to buckle up.

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Drunk driving accidents can result in serious, if not fatal, injuries and have devastating consequences on all those involved. When states lower the maximum blood alcohol concentration level that a motorist can be driving with in his system, it can lead to an overall reduction in the number of people driving under the influence of alcohol, and consequently, the number of car crashes involving such intoxicated drivers.

In Georgia, as with most other states in the country, the maximum blood alcohol concentration limit for motorists is .08 %.  If a motorist is driving with a blood alcohol concentration above .08%, he can be arrested for driving under the influence. Some states have been experimenting with lower blood alcohol concentration limits in an effort to understand whether this can further help reduce the incidence of intoxicated driving. Early results of those experiments are now out. The National Highway Traffic Safety Administration specifically focused on a single state that happens to be the only state in the United States that has successfully experimented with lower blood alcohol concentration levels.

Utah happens to be the only state in the country that has a blood alcohol concentration limit of .05 %. In 2019, that state lowered the blood alcohol concentration limit to.05 % from the previous .08%. The National Highway Traffic Safety Administration in its estimate found that as a result, the number of fatal accidents dropped by 19.8% in that state.  There was a significant drop of 18.3% in the fatality rate. In 2019, the state recorded 225 fatal accidents in spite of an increase in the vehicle miles travelled compared to the previous year. That was a drop from the 259 fatal accidents that had been recorded in 2016.

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