Articles Posted in DUI Accidents & Dram Shop

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A police officer was killed, and another person suffered personal injury in a car accident that police are now blaming on a wrong way driver.The crash occurred on westbound interstate-20 early in the morning.

According to DeKalb police, the driver of a westbound vehicle crashed into a sports utility vehicle that was traveling eastbound in the westbound lanes.The driver of the westbound car sustained fatal injuries in the crash.The wrong way driver also suffered injuries in the auto accident.

Investigations into the car accident have begun, and investigators now believe that the driver of the sport-utility vehicle was traveling in the wrong direction.These investigations are likely to also include blood-alcohol tests to determine if the driver was driving under the influence of alcohol.

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A driver alleged to have been driving in the wrong direction has been critically injured in an auto accident northeast of Atlanta. The car accident occurred on Interstate-85 when a motorist driving a Ford Explorer began driving south in the northbound lanes of interstate-85.At some point, the female motorist struck a tractor-trailer, and then hit another commercial truck and a van.The impact caused the motorist to be ejected from the Ford Explorer, and she sustained critical injuries.No other people were injured in this accident.Police believe that alcohol was a factor here, and that the woman was driving under the influence. As all personal injury attorneys know, if a car accident involves a serious personal injury, alcohol is very likely involved.

According to azcentral.com, in the year 2009, 1,772 people died in accidents involving the wrong way driver.In all these accidents, a driver drove on the wrong side of the road, or towards oncoming traffic.2009 had the highest number of wrong way driving deaths in five years.

The national focus on wrong way driving and its lethal impact spiked after a New York accident blamed on a wrong way driver killed eight people.In July 2009, a Long Island resident was driving her SUV in the opposite direction, when her vehicle crashed into an oncoming car.The woman and four children in her car died in the accident.The three occupants of the car also died.It was later found that the woman had been driving under the influence of alcohol and drugs.She had a large number of drinks and had used marijuana before she began driving that day.

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Vampires and ghouls were not the only scary beings on the streets this past Halloween.Both pedestrian trick-or-treaters and motorists were at a high risk of car accidents involving intoxicated drivers on Halloween.The Governors Highway Safety Association warned of an increase in accidents involving drunk drivers in Atlanta over the holiday.

The Governors Highway Safety Association joined state and local highway safety agencies to crack down on drunk drivers.Local law enforcement officers ran an intensified campaign aimed at pulling drunk drivers off the streets before they caused an accident, and injure or kill someone. Drunk driving accidents result in a significant number of serious personal injuries and wrongful deaths.

According to data from the National Highway Traffic Safety Administration, in 2009, close to 50% of auto accident fatalities that occurred on Halloween night involved a drunk motorist.In these cases, the motorist had a blood-alcohol concentration of .08% or higher. Every year, the period between 6 PM on October 31 and 5:59 AM on November 1 is a highly dangerous time for pedestrians, motorcyclists and drivers in Atlanta.

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A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.

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The White House is collaborating with Mothers against Drunk Driving in a new initiative to reduce the number of fatal auto accidents caused every year by drivers under the influence of drugs.While intoxicated driving gets more than its share of attention, as personal injury attorneys have observed, the fact is that the number of car accidents involving drugged motorists has been steadily increasing. Auto accidents caused by drivers under the influence of drugs often result in severe personal injury and wrongful death.

The new initiative was launched by the National Drug Control Policy and Mothers against Drunk Driving.The partnership will increase awareness about the dangers of driving under the influence of drugs.According to Mothers against Drunk Driving, it has already launched a nationwide campaign against driving under the influence of both alcohol and drugs. MADD is also pushing for tougher law enforcement to enforce laws against driving under the influence of narcotics.The drug control policy office will also be releasing educational materials about the dangers of drugged driving, targeted at parents and teenagers.

Driving under the influence of drugs has an adverse effect on a motorist’s driving abilities.These effects are similar to the effects of intoxicated driving.A motorist’s judgment and abilities may be impacted, and his responses may be weakened.Additionally, drugs can affect a person’s motor abilities and his coordination, impacting his driving.

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The threat of car accidents caused by drunk driving has declined over the past few years, but as Atlanta car accident attorneys, we know that intoxicated driving is still a major factor in auto accidents across the state. These accidents often result in severe personal injuries and wrongful death. Therefore, it is good to see that the National Highway Traffic Safety Administration is continuing to focus on minimizing the threat from intoxicated drivers.The agency is investing in the development of an in-car device that will help detect alcohol levels on a motorist.

The National Highway Traffic Safety Administration is investing $2.2 million in the development of the in-vehicle touch-based alcohol testing device.The agency, through the Driver Alcohol Detection System for Safety and the Automotive Coalition for Traffic Safety has invested in a company called TruTouch Technologies.This company says that it has developed the world’s first touch-based alcohol detection device that can be installed in vehicles.

The device can be used to detect alcohol on a motorist through infrared light.All that the motorist has to do is place his finger on the infrared sensor device, and the device detects alcohol levels within seconds.If the device finds that the alcohol content is beyond a specified limit, then it will disable the starter, preventing drivers from driving the car.What’s more, the device will prevent tampering with the system by recording the person’s biometric information, so that another person cannot use the device to cheat the system.

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While intoxicated driving as a factor in auto accidents has declined, Atlanta car accident lawyers find that it still continues to be a major cause of teen-related accidents.A teen motorist, who was driving the car involved in an accident that killed a teenage passenger, has pleaded guilty to charges of drunken driving and vehicular homicide.

The teen driver was 17 years old at the time of the accident.He was driving with two teenagers in his car, when his car flipped over.A sixteen-year-old teenage passenger was killed in the accident and another teenager was seriously injured.Last week, the driver pleaded guilty to charges of drunk driving and vehicle manslaughter, and was sentenced to 15 years in prison.

The three teenagers had been at a party in Douglasville, where a lot of teenagers were drinking alcohol.Several people have already been charged with supplying alcohol to minors in this case.According to authorities, many of these people supplied alcohol to teenagers at two different parties that the victim attended on the night of the accident.

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A former Atlanta lawyer, who was involved in a deadly drunk driving accident that killed one person, has been sentenced to 25 years in prison. Car accidents of this nature often end tragically with a severe personal injury or wrongful death. Of course, this particular accident was clearly preventable and should never have occurred.

The accident occurred on October 1, 2006 when the man ran a red light and crashed into a taxicab. The crash killed a thirty-one-year-old woman and left two men severely injured.The victim left behind a three-year-old daughter and a seven-year-old son.

The lawyer pleaded guilty to vehicular homicide and serious injury by vehicle while driving under the influence.It later emerged that he had four prior DUI offenses on his record.In fact, on the day of the accident, he was on probation from a previous DUI, and had been ordered not to drive.

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In effect in Washington as of July 22 of this year, “Hailey’s Law mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.

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On July 5, by a vote of 6-1, Georgia’s Supreme Court found a convenience store could be held liable for selling alcohol to a man who was responsible for a fatal car accident. Initially, the trial court granted the store’s motion for summary judgment on the grounds that the beverage was not sold to be consumed on the premises, reports the Associated Press. This seems to be an assumption the consumer was unaware of – at the time of the auto accident, and only four hours after buying a twelve-pack of beer from Exprezit!, his blood alcohol content was a whopping 0.181, more than twice the legal limit.

As a car accident attorney in Atlanta, Georgia, I come into contact with similar claims involving drunk drivers. When I heard about this particular ruling, I immediately honed in on the fact that the man was said to be visibly intoxicated at the time the alcohol was purchased. Another article by The Florida Times-Union notes the Court’s application of the “dram shop act” to its reasoning. The law states that anyone who knowingly sells or provides alcohol to someone who is noticeably intoxicated while knowing that the person will soon be driving may be liable if the alcohol is the direct cause of an injury.

In his opinion for the majority, Justice Hugh Thompson reasoned that the act was all-inclusive, meaning that it was intended to encompass the sale of alcohol at places other than the “proverbial dram shop” or bar. On the other hand, Justice Robert Benham, dissenting, concluded this was an unfair interpretation of the act because clerks at grocery stores and convenience stores often experience a lesser degree of interaction with patrons. Ostensibly, he claims, this affords them little opportunity to really judge the sobriety customers.

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