In Georgia, the legal doctrine of negligence per se can prove a beneficial tool for victims of drunk driving accidents. When used wisely, it may tip the scales in favor of the plaintiff. This blog explores how negligence per se applies to DUI cases in Georgia and how it can be a decisive factor in winning a claim.
What is negligence per se?
Negligence per se is a legal doctrine that simplifies the process of building certain cases. It applies when a defendant breaks the law, specifically when that law is meant to protect others from harm. In the context of DUI accidents, this doctrine is particularly relevant in the following ways:
- Violation of a statute: The defendant must have violated a law. In DUI cases, this typically involves driving under the influence of alcohol or drugs, which is a clear violation of Georgia’s traffic laws.
- Causation of harm: An important element to establish in negligence claims is causation, or that the violation caused the harm. In DUI cases, this means the victim will need to establish the impaired driving led to the accident and resulting injuries.
By establishing these elements, a plaintiff can argue that the defendant’s actions were inherently negligent, thus simplifying the burden of proof.
The legal standard for DUI cases in Georgia
In Georgia, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21. When a driver exceeds these limits, they are in violation of the law, which can automatically establish negligence per se in a civil claim.
How negligence per se can win a DUI accident claim
The application of negligence per se in DUI cases offers several advantages:
- Streamlined proof of negligence: Plaintiffs do not need to establish that the defendant failed to act as a reasonable person would. The violation of the DUI statute itself is sufficient.
- Focus on damages: With negligence established, the case can focus on proving the extent of the damages and the appropriate compensation.
These advantages can significantly strengthen a plaintiff’s position in a DUI accident claim, making it easier to secure a favorable outcome.
In Georgia, the doctrine of negligence per se is a powerful tool in DUI accident claims. By leveraging the clear violation of DUI laws, plaintiffs can streamline their cases and focus on obtaining the compensation they deserve. It is important that victims of DUI accidents use this as one of the many legal tools in their pursuit of justice. An attorney experienced in this area of law can gather evidence to support this claim as well as other legal tools to help better ensure you receive the legal remedies you are entitled to.