Which One of These is Considered an Impairment to Driving.
Nearly auto crashes in Marietta are not unavoidable accidents. In fact, they are entirely unavoidable, in almost cases. The five types of driving harm, which are outlined below, cause nigh half of the vehicle collisions in Cobb Canton. Speeding, driver inattention, and tailgating cause almost of the other ones.
Impairment-related crashes usually involve either ordinary negligence (a lack of ordinary intendance) or negligence per se (the violation of a safety statute). To establish negligence, the victim/plaintiff must show that the tortfeasor (negligent driver) violated a legal duty, and that violation essentially caused the victim/plaintiff’s damages. In negligence
cases, the tortfeasor is liable for damages if s/he violated a safety law, like speeding or DUI, and that violation essentially caused the crash.
Bounty in vehicle collision claims usually includes coin for economic amercement, such as medical bills, every bit well equally noneconomic damages, such as pain and suffering. Additional punitive damages may exist available besides, in some extreme cases.
This substance causes about a third of the fatal auto crashes in Georgia. Booze retards motor skills, impairs sentence, and clouds the mind. With mental and physical skills inhibited, information technology’s impossible to safely drive a auto. Moreover, harm begins with the kickoff drinkable.
To establish first party liability in these claims, victim/plaintiffs may use either direct or circumstantial bear witness. If the tortfeasor was arrested for DUI, the tortfeasor may be liable for amercement as a affair of police force, according to the aforementioned negligence
rule. Sometimes, the tortfeasor was impaired but not legally intoxicated. Circumstantial evidence, similar bloodshot eyes and odor of alcohol, tin prove negligence in these cases.
Booze-related crashes in Georgia usually involve third party liability as well. The Peachtree State has one of the broadest dram shop laws in the country. Section 51-1-twoscore of the Georgia Lawmaking holds bars, grocery stores, restaurants, and other commercial alcohol providers liable for damages if they sell alcohol to:
- Minors: Generally, the provider is strictly liable in these cases. The onetime “due south/he looked similar she was over 21” defense never holds water, and the “s/he produced a imitation ID” defence force usually does not piece of work either, unless the imitation ID was an out-of-state license.
- Noticeably Intoxicated Adults: To prove noticeable intoxication, victim/plaintiffs may utilise the circumstantial evidence discussed in a higher place.
Georgia’s dram shop police as well applies to social hosts and other non-commercial alcohol providers.
Basically the aforementioned liability rules apply to drug-impaired drivers. Although at that place is no Breathalyzer test for drugs, police can and do arrest motorists for driving under the influence of a dangerous drug. That substance could be:
- Illegal street drugs, like cocaine and heroin,
- Prescription drugs, like Oxycontin and Xanax, or
- Sure over-the-counter drugs, such equally NyQuil or Sominex.
The jury is nonetheless out, metaphorically speaking, with regard to marijuana. There is no clear evidence either style every bit to whether this substance dangerously impairs drivers.
Drowsiness and alcohol affect the encephalon in roughly the same mode. Driving afterward eighteen consecutive awake hours, which is like a long day at the office, is like driving with a .05 BAC. Additionally, nigh people are naturally drowsy early in the morning time and tardily at nighttime, even if they are otherwise well-rested.
Alcohol and drowsiness have something else in common. Fourth dimension is the only cure for alcohol harm. Quick fixes and home remedies do not piece of work. Similarly, slumber is the only cure for fatigue. Some mutual shortcuts, like turning up the radio or drinking java, only work for a few minutes, at all-time.
Drowsy driving is usually non against the law, so the negligence
doctrine is probably unavailable in these cases. Truck drivers are a prominent exception. Both Georgia and the federal regime impose strict HOS (hours of service) requirements on truck drivers. These rules include driving time caps and mandatory rest periods.
Even so, driving while drowsy conspicuously reflects a lack of care. These people know they should non go behind the wheel, yet they practice then anyway. Roughly a third of drivers admit that they accept fallen asleep while driving at least once.
There’s a difference between distraction and inattention, which was mentioned above. In attention means that the driver turned his or her head for a moment. Distraction involves one or more of the post-obit:
- Manual distraction (taking one’s hand off the cycle),
- Visual lark (taking one’s eyes off the road), and/or
- Cerebral distraction (taking i’southward heed off driving).
Hand-held cell phones cause most distracted driving crashes. They combine all three forms of distractions. Hands-free cell phones may be fifty-fifty worse. They are visually and cognitively distracting. Plus, they give many drivers a false sense of security, so they accept more than risks.
Georgia has a very broad distracted driving police force. Information technology applies not but to cell phone use, simply to other distracting behaviors, such as eating while driving. So, the negligence
shortcut often applies in these cases. Plus, by its very nature, distracted driving indicates a lack of ordinary care. Proceed your eyes on the route and keep your easily on the wheel are usually the beginning 2 lessons every driver learns.
Many chronic medical problems, like epilepsy, heart disease, and diabetes, may cause sudden loss of consciousness. Such loss of consciousness episodes normally cause extremely unsafe loss of control collisions. These types of crashes are really bad because in that location is no telling what will happen adjacent.
Georgia commonly suspends the drivers’ licenses of people with serious and chronic medical conditions. So, the negligence per se doctrine often comes into play hither. Fifty-fifty if it is unavailable, drivers with dangerous medical conditions know they should not go on the road, yet they choose to do so anyway. Such reckless beliefs constitutes not merely a lack of care, but a conscious disregard for the safe of other people. That could mean punitive damages.
Contact a Hard-Hitting Lawyer
Impaired drivers oft cause serious injuries. For a free consultation with an experienced personal injury attorney in Marietta, contact The Phillips Police Firm, LLC. You have a limited amount of fourth dimension to act.
Which One of These is Considered an Impairment to Driving