DUI Accidents & Dram Shop

Published on: October 23, 2011

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

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.

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.