DUI Accidents & Dram Shop

Published on: September 15, 2011

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

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 When Motorist Is Driving 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.

Published on: June 2, 2011

Bill to Prevent Tractor-Trailer Accidents Linked to Drug Use

by Robert N. Katz, Esq.

Atlanta truck accident lawyers have been aware for a while now that federal trucking safety laws governing drug and alcohol use by truck drivers have far too many loopholes that allow a truck driver with a drug use history, to slip through.The new bill would plug these loopholes, essentially weeding out drug users from the system. Truck accidents generally result in severe personal injuries and a wrongful death. When these accidents involve a truck driver who has been using drugs or alcohol, the outcome is not only tragic, but preventable.

The legislation, called the Safe Roads Act, has been introduced by US Senators Mark Pryor and John Boozman.The legislation would implement the recommendations made by the Government Accountability Office, advising the establishment of a driver test database.The database would contain information about positive drug test results from commercial truck and bus drivers from around the country.

The database can be used by trucking companies before they hire a prospective employee.Doctors, trucking companies and service agents would be required to furnish updated and accurate information about positive drug test results.With accurate, reliable and frequently updated information available, trucking companies would be able to make safe hiring decisions, thereby reducing the risk of trucking accidents involving one of their vehicles.

Published on: April 26, 2011

One Person Killed in Wrong Way Driving Accident in Gwinnett County

by Robert N. Katz, Esq.

As Atlanta car accident lawyers, we often notice that wrong way driving accidents are some of the deadliest collisions.These accidents typically involve one car traveling at highway speeds in the direction of other vehicles that are also traveling at the same level of speed.Such accidents are typically high-impact accidents that end with multiple deaths or serious injuries.An accident over the weekend in Gwinnett County, Georgiathat killed one person and left two others with critical injuries, is being blamed on a wrong way driver.

The accident occurred on Saturday night, and involved a total of three vehicles.According to Gwinnett County police, a car traveling the wrong way veered across the median and crashed head-on into another vehicle.The car then flipped over, and crashed into a third vehicle.A woman was killed in the accident.Two other people, including the wrong way driver, suffered critical injuries.Police are investigating the accident, but no charges have been filed yet.Police are considering the possibility that the wrong way driver may have been driving under the influence of alcohol.

Every year, approximately 300 people are killed in accidents caused by wrong way motorists.Many of these accidents are caused because motorists are driving under the influence of alcohol, and end up traveling in the opposite direction.Alcohol use is the most common cause of wrong way driving.It’s not so surprising to Atlanta car accident attorneys that alcohol use is so often cited in wrong way driving.Alcohol use clouds a person’s judgment, blurs his vision and affects his powers of reasoning.A person like this is also likely to miss highway street signs, ending with him driving in the opposite direction.

Published on: April 20, 2011

Rising Car Accident Wrongful Death Rates among Atlanta Baby Boomers

by Robert N. Katz, Esq.

Has all the focus on teen and elder drivers affected traffic safety for other groups of motorists?That’s the question that Atlanta car accident attorneys are asking this week after Edmunds.com released its analysis of car accident data.Even as the numbers of people dying in auto accidents across the country has been declining over the past decade, there has been an actual increase in the numbers of male car accident deaths in the 51 to 65 age group.

The data comes from the National Highway Traffic Safety Administration.According to the analysis, the number of male and female car accident deaths in other age groups has been steadily declining over the past few years.Even drunk driving accident deaths have declined over the past five years, helped by a lowered tolerance to intoxicated driving, and stronger enforcement.However according to the data, the number of adult males aged between 51 and 65 years killed in auto accidents, increased by almost 25% between 2000 and 2009.In comparison, car accident deaths for all male drivers during the same period of time declined by more than 20%.Even auto accident deaths for female drivers declined by about 20% during the study period.

According to the analysts, it’s not just the increase in male car accident deaths in this age group that is concerning, but also the fact that much of this increase is related to drunk driving accidents.In fact, when it comes to drunk driving accident deaths, there has been an increase in fatalities among both men and women in this age group.The number of annual DUI deaths among baby boomers increased by 37% between 2000 and 2009.During the same period of time, rates of drunk driving accident fatalities across the country dropped by almost 7%.

Published on: February 25, 2011

Ignition Interlock Systems Can Reduce DUI Car Accidents

by Robert N. Katz, Esq.

As an Atlanta injury lawyer, I often find that a significant number of wrongful deaths and serious personal injuries arise from drunk driving accidents involving repeat offenders.A new study by the Centers for Disease Control and Prevention indicates that the use of ignition interlock devices is successful in preventing repeat drunk driving. Such prevention would unquestionably result in a reduction in drunk driving accidents, injuries and deaths. Each and every Atlanta injury lawyer should advocate for the use of these devices.

The study found that recidivism rates for DUI dropped by approximately 67% when ignition interlock devices were used.Many states including Georgia, have adopted alcohol ignition interlock devices as part of their efforts against DUI.In Georgia, persons convicted of DUI can be ordered by courts to have an ignition interlock device installed in their vehicles if they have prior DUI convictions too.The device requires drivers to blow into it, and measures the alcohol on his breath.If the alcohol content is found to be excessive, the device prevents the motorist from starting the engine.The researchers say that these devices are so useful in preventing drunk driving accidents, that they should be made a mandatory part of DUI prevention efforts around the country. As an injury lawyer, I couldn’t agree more.

Ignition interlock devices receive a lot of criticism from DUI attorneys and the beverage industry.However, these devices have become more sophisticated, accurate and reliable over the years.It’s much harder to “fool” an ignition interlock system now than it used to be a couple of years ago.Some devices require the user to hum while breathing into the tube.

Published on: February 17, 2011

Georgia DOT to Allow Memorials to Auto Accident and Truck Accident Victims

by Robert N. Katz, Esq.

Memorial signs to auto accident and truck accident victims have been used around the country not just to commemorate the dead, but also serve as a warning to the living.As Atlanta auto accident lawyers, we believe that such stark signs help increase motorist awareness of the dangers of reckless driving and, therefore, help to decrease the number of auto accidents and truck accidents.The Georgia Department of Transportation has now announced that it will allow memorials to auto accident victims to be placed on federal and state highways.

Another program that allows highway memorial signs bearing the names of drunk driving accident victims on Georgia highways, is already in effect. That program was created through the efforts of the Department of Transportation, the Georgia Gen. Assembly and the Criminal Justice Coordinating Council in 2006. That program is separate from this new memorial sign program, and will continue as scheduled.

The new memorials will consist of 15- inch round, white signs containing the message Drive Safely: in Memory (name of the deceased).Families and friends of accident victims can request a sign for a $100 fee that will go towards installation and fabrication charges. The sign will be in place for a period of one year, after which it will be returned to the sponsor of the sign. However, families can only order these memorial signs through the Department of Transportation.