DUI Accidents & Dram Shop

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

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.

Published on: October 27, 2011

New Initiative to Reduce Car Accidents caused by Drugged Drivers

by Robert N. Katz, Esq.

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.

Published on: October 23, 2011

NHTSA Investing in In-Car Alcohol Detection Devices to Prevent DUI Accidents

by Robert N. Katz, Esq.

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.

Published on: October 15, 2011

Teen Motorist Pleads Guilty in Fatal Villa Rica Drunk Driving Accident

by Robert N. Katz, Esq.

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.

Published on: October 9, 2011

Atlanta Lawyer Sentenced in Drunk Driving Accident

by Robert N. Katz, Esq.

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.

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

by Robert N. Katz, Esq.

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.

Published on: July 15, 2011

Georgia Supreme Court Hands Down Pivotal Ruling in Drunk Driving Car Accident

by Robert N. Katz, Esq.

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.

Published on: July 13, 2011

Drunk Driving Stunts Can Lead to Auto Accidents resulting in Wrongful Deaths and Injuries

by Robert N. Katz, Esq.

The death of a popular TV/movie star last month in a fiery drunk driving accident should serve as a reminder to Atlanta residents – avoid driving under the influence of alcohol at all costs. The worst car accidents often involve not only someone driving drunk, but someone driving drunk and performing stunts.

Ryan Dunn, the star of the popular “Jackass” movies was killed in a car accident that occurred in Pennsylvania.Dunn was traveling with his passenger and friend, when the car crashed.The vehicle exploded in flames, and both occupants were killed instantly.Tests later determined that the star had been driving with blood alcohol concentration level of more than twice the .08% DUI Limit.

Drinking over and above capacity seems to have been a factor in the accident.Just a few minutes before the accident, Dunn had Tweeted a picture of him and his friends having a few drinks at the bar.According to staff at the bar, Dunn only bought about 8 beverages, but was served several alcoholic drinks by fans at the bar who wanted to buy him drinks.In fact, police believe that it was these last few drinks that he had that helped send his blood-alcohol levels over the edge.

Published on: June 27, 2011

Atlanta Drunk Driving Accident Risks Exist Even with Minute Traces of Alcohol

by Robert N. Katz, Esq.

Very often motorists involved in car accidents believe their ability to drive was unaffected because they had had just a couple of drinks. Unfortunately, their belief is incorrect and dangerous. A new study confirms the reason why so many serious accidents occur even when motorists are driving with a blood alcohol level below the .08% limit.

According to the study, a person may be at risk of causing auto accidents with serious injuries even when he’s driving with barely traceable alcohol levels in his blood.The researchers analyzed accident data involving 1.5 million people.The researchers focused on those accidents involving the most serious injuries, and compared them to those accidents in which the injuries were relatively minor.

They found that accidents, in which the person was driving even with a .01% concentration of alcohol in his blood, were more likely to end in seriously injurious accidents than those accidents involving sober motorists.Specifically, accidents seemed to be at least 36.6% more severe when one of the motorists was driving under the influence of barely traceable levels of alcohol.In comparison, accidents were much less injurious, when the persons involved were not driving under the influence of alcohol in their system.This indicates that even a single alcoholic beverage can be sufficient to impair a person seriously enough to cause an accident that ends with serious injuries.Atlanta drunk driving accident attorneys have observed these issues for years, but it’s good to have a study to confirm our experience.

Published on: June 26, 2011

Drugged Driving Linked to 25% of Wrongful Death Accidents

by Robert N. Katz, Esq.

Yet another study indicates increased car accident risks when people are driving under the influence of drugs.A new study that has just been published in the Journal of Studies on Alcohol and Drugs has found that a quarter of about 44,000 American drivers, who were involved in fatal accidents between 1998 and 2009, had drugs in their system at the time of the accident.

The researchers analyzed data from the Fatality Analysis Reporting System.They found that in approximately a quarter of the fatal accidents during this period of time, the motorist tested positive for drugs, while 37% had blood-alcohol levels greater than the .08% legally allowed limit.The most common drugs that were involved in fatal accidents were amphetamines, marijuana and cocaine. One of the first thing Car accident attorneys look for in any wrongful death accident is the involvement of drugs or alcohol.

Certain drugs seem to be linked to certain kinds of reckless driving practices.For instance, stimulants were linked to most wrongful death accidents, especially those that involve speeding, inattention, and failure to obey traffic laws.Stimulants were also linked to accidents in which occupants were not wearing seat belts.On the other hand, marijuana was most often linked to failure to wear seatbelts, and driving at excessive speeds.