Sandy Springs and Woodstock will start Sunday alcohol sales as early as 12:30 PM on Sunday November 20th but it will take a while longer in Atlanta. The Atlanta City Council passed an ordinance saying that sales will not go into effect until January 1, 2012.
Continue reading "Alcohol Sales in Sandy Springs Start November 11 but Not in Atlanta" »
We handle between 10-15 cases at any given time involving people hurt by drunk drivers and one of the frequent questions we hear relates to punitive damages and how multiple convictions can affect the outcome. 
As we have discussed in our article on how to prosecute car accidents caused by drunk drivers in Georgia, when an injury is caused by a drunk driver, Georgia law allows us to seek punitive or "punishment" damages against the driver and their insurance company. There are some situations where certain insurance companies do not provide coverage for punitive damages, but all of the front line insurers including Allstate, State Farm, Progressive, Liberty Mutual and USAA are obligated on their liability policies to pay for punitives against their insured.
Our firm has handled numerous lawsuits against bar owners who have overserved drunk customers knowing the customer would likely soon be driving. This month, the Georgia Supreme Court rendered a positive ruling for the victims of these crimes.
When people are injured by drunk drivers in Georgia, the biggest challenge is often finding enough insurance to pay for the victim's medical bills. These cases are brought in Georgia under the Dramshop Act, "dramshop" being a Little House on the Prairie era term for bar. Bars are the typical target but the laws also apply to any business selling alcohol to people who appear intoxicated and will likely soon be driving. Click on the photo to watch the oral argument by the Plaintiff's lawyer before the Georgia Supreme Court.
Continue reading "Georgia Dramshop Act Applies to Convenience Stores Again!" »
In Georgia, it is well established that if you are hit by a drunk driver, you can seek punitive (punishment) damages. One issue that has been hotly debated though is whether you can introduce evidence that the other driver was drunk where the case is proceeding to trial with only the Uninsured Motorist carrier remaining as a viable defendant. Georgia Appellate Courts seems to have finally clarified their answer with a resounding "yes."
The Simon Law Firm will be representing the family of Eddie Ko, a 23 year old University of Georgia student who was killed by drunk drivers on Steve Reynolds Boulevard around 3:30 a.m. Sunday. Eddie was driving his friends home when police allege that Soon Kwon (see photo) sideswiped another drunk driver, 23-year-old Gho Lee and the car crossed the center line and hit Eddie's Honda head on. Eddie unfortunately passed away at Grady hospital later that night as did the passenger in Kwon's car, Se Shin. Kwon has been charged with vehicular homicide.
As we work with the Ko family to seek justice for Eddie's senseless death, I am reminded of the advice I give to all clients; never driver after 1 a.m.. Through 13 years of litigating serious and fatal car wrecks, I have rarely seen one before midnight. The hours after the bars close are particularly deadly, as this crash illustrates. Gwinnett County jail records indicate Kwon has had a series of minor arrests with the police department and was booked for disorderly conduct as recently as may.
Continue reading "New Atlanta DUI Death Case Illustrates the Dangers of Driving After 1:00AM" »
Several consumers have called asking what is the law in Georgia if you are hit by a drunk driver? They have heard of punitive damages, but are not really sure what they are. Our firm sent out a demand on Monday on a DUI case that is illustrative of how these cases differ from the standard case.
The drunk driver in our case blew a .19 for his blood alcohol content after he drove the wrong way down a street and hit our client head on. The client had $24,000 in medical bills from the emergency room alone and spent 3 months in physical therapy recovering from spinal strains and from a concussion. His medical care finished up two weeks ago and we received the medical records last week. .
Continue reading " The Law in Georgia if You are Hit by a Drunk Driver" »
In a frustrating decision, the Georgia Court of Appeals has ruled that the Georgia Dramshop Act , OCGA §51-1-40, does not apply to convenience stores or vendors where the alcohol will not be served on the premises. Flores v. Exprezit A10A0703 (2010).
Continue reading "Georgia DUI Dramshop Law Limited by Georgia Court of Appeals" »
Despite the media spotlight shifting to car accidents caused by driving and texting, the number one killer remains drunk driving in Georgia. As drunk driving car accident lawyers, we civilly prosecute drunk drivers who injure and kill innocent victims across the State of Georgia. This traffic camera video of a drunk driver plowing into an unsuspecting victim demonstrates the human consequences to selfish decision making. One victim was killed and another was left with a serious brain injury. The victim's parents want this video spread as far as possible to deter other drivers from making this tragic decision.
Although the criminal justice system is charged with the primary responsibility for punishment, Georgia law also recognizes that there should be a civil punishment for drinking and driving when you cause an injury. O.C.G.A. § 51-12-5.1 provides for punitive damages when the person behaves with a reckless indifference to the consequences of their behavior.
Continue reading "Drunk Drivers who Cause Car Accidents Can be Civilly Punished in Georgia" »
Get a Free Copy
of our $12.95 Book
The Georgia Guide To Handling Car Accident Claims
