<
Michael Lawson Neff, P.C. | Atlanta Personal Injury Lawyers
PRACTICE AREAS
Michael Lawson Neff | Personal Injury Lawyer, Atlanta
Blog
Atlanta, Georgia Personal Injury Lawyer



Atlanta personal injury lawyer blog Monday, September 28, 2009

  Binge Drinking and Driving: More Common Than We Knew

A new study from the Centers for Disease Control has found that 1 out of 10 people got behind the wheel the last time they went on a drinking binge. Further, over half of those drivers left from a bar, restaurant or night club. This first of its kind study has shed new light on a formerly unstudied drinking behavior and suggests that new policies are needed to prevent public places from over serving people who are already intoxicated.

Binge drinking is defined as having more than five drinks in one sitting for a man and more than four drinks in one sitting for a woman. The CDC study looked at 14,000 people who said they regularly had five or more drinks in one sitting at least once per month. Twelve percent of participants admitted that they got behind the wheel within two hours of a binge. And while five drinks may seem like an overwhelmingly large number, half of the drivers who said they drove away from a bar, restaurant or other establishment admitted to having seven drinks. A quarter of those had imbibed a whopping 10 or more drinks before taking to the roads.

Dr. Timothy Naimi of the CDC’s Alcohol program led the study, which was released earlier this month. According to Naimi, binge drinking is the main factor behind the more than 11,000 deaths caused annually by alcohol-related motor vehicle crashes.

So what can we do about binge drinkers? As reported in the Atlanta Journal Constitution, most states already have laws in place that are supposed to prevent bars, nightclubs, restaurants and other drinking establishments from selling alcohol to drunk patrons. But local law enforcement simply does not have the personnel to spend a great deal of time inside bars enforcing over-serving laws, especially on busy Friday and Saturday nights.

“[Over serving laws] are among the most disregarded laws in the country,” said Naimi.

Unfortunately, over serving is one juncture where commerce and the law disagree. It is in the best interest of a bartender or restaurant owner to continue to serve drinks as long as patrons or ordering. Working for tips, word of mouth, and repeat business, bartenders and owners are best served if they keep serving, and serving, and serving drinking patrons.

There is a bit of good news along with the bad. This most recent CDC study is based on phone surveys taken in 2003 and 2004, but since then, according to the National Highway Traffic Safety Administration, drunk driving fatalities have decreased almost 10%.

Further, new technology has helped in the fight against drunk driving. Some judges have taken to punishing drunk drivers with court-mandated devices that do not allow a car to start until the driver breathes into a breathalyzer device and confirms that their blood alcohol level does not exceed the legal limit.

Unfortunately, efforts like in-car breathalyzer tests focus on punishing offenders, not enablers. Restaurants, bars and nightclubs rarely find themselves penalized for over-serving patrons.
“The drinking location is really important,” said Naimi. “We’re trusting these licensed establishments to serve responsibly, and more than half of the intoxicated people who drive have been drinking in these places.”

Also according to Naimi, a follow-up survey in 2008 found that the binge drinking and driving situation hadn’t changed. Results of the follow-up are pending release.

If you or someone you know has been injured by a drunk driver, you have legal recourse. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: ,


Monday, June 15, 2009

  Auto Accidents on I-285 Kill Three in Atlanta

Over the weekend, three people died in alcohol-related auto accidents on Interstate 285 in Atlanta.

On Saturday night at 11:50 pm, a white SUV on I-285 Northbound at I-20 lost control, rear-ended another car, slid down an embankment, and came to a stop lodged between two trees. Captain Eric Jackson of the DeKalb Country Fire Department reported that the driver of the SUV, 30-year-old Nathaniel Jones, died at the scene.

The driver of the other vehicle, whose name was not released, went to a local hospital with non-life-threatening injuries.

About four hours later, two more people died in another wreck on I-285 Southbound at the ramp to I-20 East, reported DeKalb County Police spokesperson Mekka Parish. Police believe that the driver of a gold Acura was speeding when he lost control of the vehicle while trying to exit. The car crashed into a concrete barrier before sliding down the embankment.

Thanomsy Champasouk, 33, and Somkhith Chanthakhinh, 30, died at the scene. The two passengers in the back seat, whose names and conditions were not released, were taken to a local hospital with injuries.

Parish said that alcohol and excessive speed were factors in both accidents.

Innocent victims are killed and injured in alcohol-related accidents every day. If you’ve been injured, or if you’ve suffered the loss of a loved one by a drunk driver, you deserve just compensation.

Drunk drivers, however, don’t always have insurance to cover your medical expenses, pain, suffering, loss of income, and other damages. At MLN Law, we provide caring, aggressive representation to victims of drunk driver accidents. We will hold the guilty party accountable and make sure that you get the compensation you deserve.

Bar owners and liquor stores may also be held accountable for your injuries. Georgia’s Dram Shop Act makes clear that a bar, tavern, restaurant, or other business may be held responsible for injuries caused by a drunk driver if they “knowingly sell, furnish or serve alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle.”

The business or person who served alcohol to the drunk driver may be at fault, and you may be entitled to recover damages from them. It depends on the specific facts in your case.

Drunk commercial vehicle drivers have a different standard. In Georgia, it’s illegal to drive a commercial vehicle with a blood alcohol content over 0.04 (compared to non-commercial drivers at 0.08). In commercial cases, the driver and the trucking company may be held accountable. In fact, in commercial truck accident lawsuits, several companies may be held accountable, as one company may own the tractor, another company may own the trailer, and yet another company may employ the truck driver.

At MLN Law, we will investigate all possible sources of compensation for injuries caused by alcohol-related auto accidents.

If you were injured by a drunk driver, or if you lost a loved one, call MLN Law at (404) 531-9700 to schedule your free consultation. We must act promptly to collect evidence and investigate the accident. Call (404) 531-9700 now.

Labels: , , , , ,


Sunday, June 8, 2008

  Cheerleader's Family Awarded Almost $700K for Teenager’s Death

A decision was made a couple of weeks ago in the case of a cheerleader from New Jersey who died in 2004 while she was in Hawaii to perform for the Hula Bowl.

According to court testimony, the teenager had a blood-alcohol level more than twice the state’s legal limit for driving when she fell to her death from a hotel balcony in Hawaii. The chaperone of the cheerleader has been ordered by an arbitrator to pay the family and estate of 18-year-old Lauren Crossan nearly $700,000.

With summer here, teenagers will be heading to beaches and vacation spots to party. The Law offices of Michael L. Neff ask you to please counsel your teens on the tragic circumstances we see all to often when kids drink alcohol. And as always, if someone you love is injured due to someone else’s negligence, call a personal injury lawyer right away. For more information call us at 404-531-9700 or email us now.

Labels: , ,


Archives

February 2007   April 2008   May 2008   June 2008   July 2008   August 2008   September 2008   January 2009   March 2009   April 2009   May 2009   June 2009   July 2009   August 2009   September 2009   October 2009   November 2009   December 2009   January 2010   February 2010   March 2010  

This page 

is powered by Blogger. Isn't yours?

Subscribe to Posts [Atom]