DUI Accidents & Dram Shop

Published on: November 15, 2016

Lane-Drift Accidents Often Linked to Drowsiness, Drug Abuse

Many accidents that are caused when a vehicle veers out of its lane and hits another car are believed to be the result of motorists being sleep deprived, driving under the influence alcohol or drugs, or suffering a serious medical condition. A new study confirms this.

According to a new study by the Insurance Institute for Highway Safety, incapacitation was the key factor in approximately 34% of lane-drift accidents studied as part of the research. Incapacitation here refers to a motorist dozing off while sleeping, blacking out in a medical emergency, or passing out under the influence of alcohol or drugs.

The research focused on approximately 630 lane-drift accidents that occurred between 2005 and 2007, and found that in approximately 17% of the accidents, the driver fell asleep at the wheel just before the accident. In another 17% of the crashes, the driver either blacked out at the wheel due to drug or alcohol use, or suffered a medical emergency like diabetic shock, seizure or heart attack.

Published on: August 17, 2016

Dram Shop Laws in Georgia: What You Should know

by Robert N. Katz, Esq.

In addition to the at-fault driver, it is possible to hold other people or entities responsible for injuries caused in a drunk driving accident. Under Georgia’s dram shop laws, sellers and servers of alcohol can be sued for monetary compensation if they have acted negligently.

Dram shop liability refers to the exposure commercial establishments such as restaurants, bars, liquor stores, hotels, or clubs have related to the sale of alcohol to customers. Georgia’s dram shop laws make a commercial drinking establishment like a pub or club liable for damages if the establishment serves alcohol to minors under the age of 21. The laws also allow an alcohol provider to be held liable when an establishment serves alcohol to a person who is noticeably intoxicated and is likely to drive a car after.

It is important to understand that an experienced dram shop attorney often makes all the difference in these complex cases. For example, the dram shop laws in Georgia do require that commercial establishment employees be aware that an intoxicated person intends to operate a motor vehicle after drinking. That makes it more challenging for drunk driving accident victims and their families to hold a commercial establishment legally liable for damages. Staff members frequently claim that they had no way of knowing how the intoxicated person would travel after leaving the drinking hole.

Published on: August 15, 2016

Ignition Interlock Devices Reduce Traffic Accident Fatalities by 15%

by Robert N. Katz, Esq.

Ignition interlock devices that prevent drivers who have alcohol in their systems from operating a motor vehicle can help reduce the rate of traffic accident fatalities by as much as 15%.

Those are the results of a new study by researchers at the University of Pennsylvania. The study used crash data from 18 states that currently have laws requiring ignition interlock devices for all motorists convicted of DUI. The researchers found a 15% cut in the rate of traffic accident fatalities in states that require ignition interlock devices for anyone convicted of driving while impaired.

In states that had these universal laws, 915 lives were saved in accidents during the study period from 2007 to 2013. Other studies have also indicated that states with mandatory ignition interlock laws reduce the likelihood that a previous offender will be arrested for drunk driving.

Published on: January 28, 2016

Calendar year 2015 did not provide great news for motorists in Georgia.

by Robert N. Katz, Esq.

Calendar year 2015 did not provide great news for motorists in Georgia. Not only was there a spike in the total number of people killed in car accidents across the state last year, but there also appears to be a rise in the number of people killed in alcohol-related car accidents.

The rise in Georgia’s car accident fatalities numbers is concerning. After declines were reported for close to nine consecutive years, traffic accident death numbers actually increased in 2015. In 2015, more than 1,300 people died in car accidents, and at least 25 % of those fatalities are estimated to have involved an impaired motorist.

The 25% number has not been confirmed yet, because the final numbers are still being compiled. Exact details about the alcohol percentage in each of these fatalities is not yet known, but based on past data, it’s quite reasonable to believe that the 2015 numbers involving drunk driving was very high. According to the Governor’s Office of Highway Safety, data from the National Highway Traffic Safety Administration (NHTSA) reveals that two years ago, 27% all traffic accident fatalities were directly linked to intoxicated motorists. It can take months for lab results to arrive and be verified, and final statistics for 2015 will not be confirmed until months from now. However, all initial indicators point to an increase in the number of people killed as a direct result of being involved in an accident with an intoxicated motorist.

Published on: September 7, 2015

Alcohol and Holiday Travel Don’t Mix

by Robert N. Katz, Esq.

You know who doesn’t take the day off for Labor Day? The police! As a matter of fact, law enforcement departments across the country have announced they’re cracking down on careless driving and DUIs this weekend like never before.

There’s good reason for that.

Labor Day is the second deadliest holiday in America. (Only Thanksgiving claims more lives.) Each year, this single weekend sees tens of thousands of arrests on the highways, and the overwhelming majority of them are for driving under the influence of alcohol or drugs.

Published on: July 4, 2015

Drunk Driver Warning for Fourth of July

by Robert N. Katz, Esq.

Independence Day is the holiday highlight of the summer, but it’s also the deadliest weekend of the year where traffic accidents are concerned.

So before the parades roll out, the cymbals clash, and sparklers light the sky, we want to issue an important word of warning to all our clients, neighbors, and friends in the community: people will be driving under the influence of alcohol this weekend.

Each year, DUI ranks as the #1 cause of death for travelers during the Fourth of July. These are preventable deaths caused by the careless decisions of revelers who take the party too far. You don’t have to be one of their victims.

Published on: May 8, 2015

Loss of Control, Intoxicated Driving Account for Most Motorcycle Accident Claims

by Robert N. Katz, Esq.

New data released by a major insurance company indicates that single-vehicle motorcycle accident claims accounted for the highest number of claims processed in 2014.

The data were released by insurer Progressive Corp., which said that it processed 3.4 times more single-vehicle motorcycle accident claims in 2014. These single-vehicle accidents typically involved intoxicated driving or loss of control due to excessive speed.

According to Progressive, it processed more single-vehicle motorcycle accident claims than rear-end accident claims, crashes at intersections, and stolen motorcycles combined. That means that motorcyclists must be more careful and vigilant about their surroundings at all times.

Published on: March 20, 2015

Alcohol, Pot Involved in Half of All Accidents Involving Teens, Young Adults

by Robert N. Katz, Esq.

Alcohol and drugs are a leading cause of death involving persons in the 18-25 age group in the United States. However, a new study indicates that alcohol and drug use may be much more prominent factors in car accidents involving teenagers and young adult motorists.

According to a new study, 50% of all deaths involving teenagers and young adults in car accidents involve the use of alcohol or marijuana. In fact, researchers who conducted the study expressed concerns that the growing wave of legalization of marijuana around the country could spell disaster for young motorist safety. These motorists are already at a higher risk of alcohol use, drug use, and other kinds of dangerous driving practices. The researchers speculate that the increasing availability of marijuana and easing of restrictions on the use of pot have not had any effect on the popularity of alcohol among these drivers.

The study found that accident victims above the age of 21 were much more likely than younger victims to be driving with a combination of marijuana and alcohol in their system. About 50.3%, of young motorists who died were either stoned or drunk at the time of their accidents. In total, 37% of the motorists tested positive for alcohol at the time of their deaths, while 5.9% tested positive for marijuana. In 7.6% of the cases, the motorists had both alcohol and marijuana in their system.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.

Published on: April 7, 2014

What Parents Can Do to Prevent Their Teens from Driving Drunk

by Robert N. Katz, Esq.

According to the Centers For Disease Control And Prevention (CDC), a teenage motorist driving with a blood alcohol concentration of .08% is approximately 17 times more likely be involved in an accident.This is a category of motorists that research has shown to be inexperienced, more susceptible to peer pressure, and more likely to engage in risky driving.When alcohol or other intoxicants are added to the mix, the risks of an accident significantly increase.

The CDC believes that reducing the risk of teenage drunk driving accidents should not be dependent on federal, state, and local law enforcement alone, but is also the responsibility of communities, schools and parents.Recently, another new study illustrated just how strong peer pressure can be in influencing teenagers to drink and drive.The study clearly found that when high school seniors had friends in their social circle who drove intoxicated, they were much more likely to do the same.When teenagers have friends who engage in self-destructive behaviors, those same behaviors seem cool to an impressionable young adult.

If you’re the parent of a teenage motorist, it’s also important to understand that there is no such thing as social drinking for a teenage motorist.Most teenagers who drink do so to feel buzzed.Therefore, expecting teenagers to go out, drink, and yet remain sober is unrealistic.Binge drinking is far more popular among teenagers than with any other category of motorists, and teenagers are much more likely to drink irresponsibly.