In Columbia County, a driver is facing several charges after causing an accident that left six children injured, two critically. The accident occurred when a driver pulled out in front of a pickup truck with a car full of children. The six children came from three different families and all lived in the same neighborhood. One of the children is now paralyzed due to her injuries.
The driver is accused of:
- Failure to Yield Turning Left
- Reckless driving
- Child restraint Requirements (X6)
- DUI (Blood Alcohol Level (.451)
- DUI less safe
- DUI child endangerment (X6)
- Serious Injury by Vehicle (X6)
The driver had a BAC of nearly six times the legal limit at the time of the accident.
A Criminal DUI Case Does Not Affect Your Ability to File Suit Against a Drunk Driver
According to the Centers for Disease Control and Prevention (CDC), 28 people die in drunk driving accidents every day. That rounds to more than one death every hour. Hundreds of thousands suffer injury every year. When a drunk driving accident occurs, police will begin criminal proceedings against the perpetrator, but these criminal proceedings are separate from any civil actions the victims or their families can take against the drunk driver.
To receive damages for injuries sustained in drunk driving accidents, the victims (or their families, in cases involving children) can seek a lawsuit against the drunk driver based on the concept of negligence per se. In Georgia, personal injury lawsuits hinge on whether a defendant exercised reasonable care to prevent injury. If it can be proven that a driver violated state law, such as driving with a BAC of 0.08 or more, then the driver can be held liable for negligence per se.