DUI wrongful death

Published on: June 3, 2024

Drunk Driving Car Accident Wrongful Deaths Increase As Arrest Rates Drop

Alcohol- related car accident death numbers have increased significantly even as the number of arrests have dropped.

In 2022, according to figures released by the National Highway Traffic Safety Administration, close to 13,500 people died in auto accidents caused by an impaired driver. That was almost the same as the numbers in 2021, but a was 33% higher than in 2019. The numbers in 2022 were the highest on record since 2006.

During the same period of time, there was a significant drop in the number of arrests made for DUI around the country. In 2019, police made close to a million arrests for DUI around the US while that number dropped to just 788,000 arrests in 2022. During the pandemic, police departments across the country suffered staffing shortages which made it harder for them to enforce DUI laws and arrest violators.

Published on: October 28, 2022

Judge Approves Bond for Motorist in Fatal Atlanta DUI Accident

by Robert N. Katz, Esq.

A judge in Fulton County has set a bond for a motorist who police allege, caused a drunk driving accident on I- 20 early in the month. The impact of the crash caused one of the passengers in the car the motorist hit, a 21-year-old woman to be ejected from the car. She sustained fatal injuries. The other people in the car were also injured, and still recovering in the hospital.

This judge set a bond of $310,000 for the alleged driver on charges that range from DUI to first degree homicide. For the family of the woman killed in the accident, it’s been a frustrating experience to see the man they believe responsible for their loved one’s death out on bond.

There has been a decline in injuries and fatalities caused by drunk driving accidents across Georgia. For example, in 2008, there were 416 deaths caused by drunk driving accidents. That was a decline over 2007, and mirrored the drop across most of Georgia, and, in fact, most of the country. Much of this decline can be attributed to better enforcement efforts .Law enforcement has become more aggressive about cracking down on drunk drivers randomly over the weekends and major holidays.

Published on: January 2, 2012

Woman Killed in Douglas County Car Accident

by Robert N. Katz, Esq.

A woman has been confirmed dead, and at least four other people, including a child, suffered personal injuries in an auto accident in Douglas County.

According to police, the head-on car accident occurred on Wednesday afternoon when a Chevrolet Malibu crashed into a Ford Focus.Police say that the Malibu suddenly crossed the centerline, sideswiped a pickup truck and then crashed into the Focus.The driver of the Ford Focus was killed in the accident.The driver of the Malibu sustained personal injuries, and was taken to the hospital.There were two adults and a toddler in the Focus, and they were injured too.

Often, when a car veers across the centerline, or off the lane, it’s usually the result of distracted driving or inattention behind the wheel.Atlanta car accident lawyers expect to see more such accidents caused by inattention as students get back to school and their parents are trying to manage their ever busier lives.

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

by Robert N. Katz, Esq.

A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.

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: July 27, 2011

Georgia Mother at Trial after Son Killed by Drunk Driver

by Robert N. Katz, Esq.

Auto accident attorneys in know car accidents often have far-reaching effects that extend far beyond the reach of initial injuries. Sometimes, the dust never really settles. This will never end for me,” said a recent auto accident victim. The 30-year-old Georgia woman had been convicted of second degree vehicular homicide, reckless conduct and failure to use a crosswalk one year after her four-year-old son was struck and killed by a motorist as he crossed the street. The kicker? She could have actually served a longer sentence than the hit-and-run driver.

The family had been using public transportation to shop all day and the bus had just dropped the family off at the bus stop. The nearest crosswalk was half a mile away, it was getting dark, and the mother made a decision that would forever alter her life. She and her three children were hurrying across the four-lane highway, when a driver plowed through the family in his van.

The driver, who had previously been convicted of two separate hit-and-run incidents, was also blind in one eye and confessed to consuming alcohol and painkillers on the day of the April 2010 incident. He has already completed his six month sentence and is now serving five years probation, reports the New York Daily News. The mother, who has not yet had a chance to grieve her loss or heal from her own wounds, faced up to three years in prison and the additional loss of her two surviving daughters, prior to a July 26 sentencing that assigned her one year’s probation or gave her the option of a new trial. She chose a new trial.

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 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: October 13, 2009

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Accident

by Robert N. Katz, Esq.

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph. The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.