An Atlanta area Plaintiff has been awarded $7.25 million for a personal injury sustained in a car accident several years ago. The motor vehicle accident occurred when the at fault Defendant left his lane and entered the path of the Plaintiff's vehicle causing a head on collision. The Plaintiff was left paralyzed from the waist down. A sobriety test performed by police at the scene of the accident revealed that the 23 year old at fault driver had a blood alcohol content of .303%.
In circumstances where an individual causes a car or truck accident while under the influence of alcohol, attorneys and lawyers in Georgia may seek an award of punitive damages. Punitive damages may be awarded where a jury finds that the conduct of the defendant was so egregious that it amounted to a reckless disregard for the safety of others. The concept behind an award of punitive damages in a motor vehicle collision is that the defendant should be punished as his or her conduct amounts to more than mere negligence. The conduct almost borders on an intentional act as the defendant entered his or her vehicle with knowledge that he or she would be unable to operate a motor vehicle in a safe manner.
In Georgia, a blood alcohol level of .08% or higher validates a criminal charge of driving while under the influence. Under Georgia law, however, there is also an inference of driving under the influence where a driver is measured with a blood alcohol content between .05 and .08. This inference creates a presumption that the driver may have been impaired by alcohol, and attorneys for the driver are forced to rebut this inference in order to prevent a conviction.
