One person is dead, and several others seriously injured, after what authorities describe as a near head-on crash in Gwinnett County.
The collision took place in Lawrenceville on McKendree Church Road, when 26-year-old Michael Schick lost control of a Honda Accord, partially crossed the centerline between the northbound and the southbound side, and smashed into a Toyota Camry. The Accord’s driver – 26-year-old Shana Fischer-Williams – had to be extricated from the vehicle before she was rushed to the hospital. Her passenger – whose name was not released – was pronounced dead at the scene. Another Accord passenger – one-year-old-child, Cameran Lowe – was also transported to a local hospital with serious injuries.
A Gwinnett County police spokesperson speculated that, based on the evidence, alcohol and speed were the primary contributing factors.
Proving Liability in an Alcohol Crash
In criminal court, the prosecutor must prove intoxication beyond a reasonable doubt. But in a negligence case, the plaintiff need only establish impairment by a preponderance of the evidence. The different standard of proof gives plaintiffs a significant edge as they seek maximum compensation for their injuries.
The distinction is actually twofold. First, according to most experts, alcohol impairment begins with one drink, in most cases. So, even though the driver may be sober for criminal law purposes, that same driver is impaired for liability purposes. Going a step further, evidence that the driver had attended a party where alcohol was being served or had just visited a restaurant with a liquor license is enough to conclude that, more likely than not, the driver was drinking and therefore impaired.
Such evidence is not always available, mainly because most drivers wisely refuse to answer questions about their whereabouts prior to the crash. In these instances, impairment can be established by circumstantial evidence, such as:
- Erratic Driving: Sudden u-turns, weaving between lanes, and driving well below the speed limit are all established signs of impairment.
- Bloodshot Eyes: Voluntary visual impairment, such as failure to wear prescription eyewear or the itchy redness brought on by alcohol, is clear-cut evidence of negligence.
- Odor of Alcohol: While it is not convincing evidence of intoxication in criminal court, such an aroma may serve as absolute proof that alcohol had been consumed.
Even if there is evidence that the driver was drinking, circumstantial evidence of impairment is still admissible and greatly strengthens the plaintiff’s case.
Victims in car crash cases are entitled to compensation for their economic losses, such as current and future medical expenses, as well as their noneconomic losses, such as the emotional stress caused by the wreck.
Alcohol-fueled crashes cause serious injuries every day. For a free consultation with an aggressive personal injury attorney in Fayetteville, contact the Wade Law Office. We make negligent drivers pay.
