drunk driving

Highway Patrol Expresses “Disbelief” After Numerous Labor Day Fatalities

September 30, 2024 | Benjamin S. Persons, IV

Traffic authorities across the United States know that Labor Day weekend is an especially dangerous time. Along with Memorial Day and the Fourth of July, Labor Day is a day of abnormally high traffic fatalities. On a national scale, almost 500 people die on this day each year – and the number continues to rise. In the Peach State alone, numerous people lost their lives on Labor Day weekend – and many of these accidents could eventually lead to wrongful death lawsuits in Georgia.

Georgia State Patrol Reports 20 Deaths Over Labor Day Weekend

In September of 2024, the Georgia Department of Public Safety reported 20 total traffic fatalities over the Labor Day “holiday travel period.” Local agencies reported seven fatalities from seven crashes, while GSP troopers reported 13 fatalities from nine crashes. This marks one of the most deadly Labor Day weekends in recent memory for Georgia motorists.

Liability Issues in Substance-Related Collisions

March 11, 2022 | Benjamin S. Persons, IV

Before the coronavirus pandemic, drug and/or alcohol impairment was a factor in almost half of vehicle collisions in Georgia. This proportion increased during 2020. Drug use, particularly antidepressant use, went up during the lockdowns. At the same time, DUI enforcement dropped off significantly. Bad habits, such as driving while impaired, have persisted even as lockdowns ended.

Compensation is often rather high in substance impairment wrecks. Arguably, these individuals know they should not get behind the wheel. Instead, they knowingly endanger lives and property by driving. Additionally, these wrecks have high catastrophic injury and fatality rates. Moreover, in addition to high compensatory damages, a Marietta personal injury attorney can often obtain punitive damages in these cases as well.

First Party Liability

Fatal New Year’s Eve Wreck in Barrow County

December 31, 2021 | Benjamin S. Persons, IV

Investigators believe alcohol was the primary factor in a serious collision that killed one person and sent another one to a hospital.

The wreck happened near the intersection of Dee Kennedy Road and Emperor Lane. According to state troopers, a 55-year-old man, who was behind the wheel of a pickup truck, smacked into the rear of a 20-year-old’s Ford Focus. The force of the collision caused both drivers to lose control of their vehicles. The Focus left the road and careened into a tree, killing the driver almost instantly. Emergency responders rushed the other driver to a nearby hospital.

Charges are pending against the truck driver as the Georgia State Patrol Specialized Collision Reconstruction Team continues its investigation.

Georgia Court Upholds Punitive Damages Award Against “Erratic” Driver

March 11, 2016 | Benjamin S. Persons, IV

In a Georgia car accident case, a negligent driver may be liable for punitive damages if there is “clear and convincing evidence” of “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” For example, if the negligent driver was driving under the influence of alcohol at the time of the accident, that would provide evidence of “willful misconduct” justifying a punitive damages award.

Dagne v. Schroeder

However, drunk driving is not the only thing that might lead a jury to award punitive damages. A recent Georgia case helps illustrate this point. This plaintiffs in this case were a mother and daughter who were driving home. The defendant was driving in the opposite direction on the same road. Witnesses observed the defendant “swerved within her lane and continuously sped up and slowed down.” At one point she swerved directly into the path of the plaintiffs’ vehicle. The mother tried to avoid the collision but failed. The vehicles collided, sending the plaintiff’s van into the air where it “tumbled several times after hitting the ground before finally coming to a rest upside down.”