A DUI lawsuit in Georgia can help victims seek justice and compensatory damages for drunk driving accident injuries. Under Georgia law, individuals involved in drunk driving accidents can pursue personal injury lawsuits and wrongful death lawsuits if a drunk driver caused a car accident in Georgia, resulting in serious injury or even death.
Sandy Springs DUI accident lawyers at Ashenden & Associates can assist in navigating these complex drunk driving accident claims. According to Georgia’s at-fault laws, the DUI driver can be held liable for the car accident caused by their criminal offense. So, if an injured party wants to sue a drunk driver, in many cases, the driver must compensate victims for their suffering. Under Georgia law, victims can recover damages for medical bills, lost wages, emotional distress, and.
If you have been affected by a drunk driving accident in Georgia and sustained a serious injury, contact us for a free consultation to explore your legal options.
Call 770-394-8909 to schedule a free initial consultation with an attorney on our team.
What Happens When You Get Hit By a Drunk Driver in Georgia?
If you are hit by a drunk driver, you’ll likely be able to file a drunk driving car accident claim against the intoxicated driver responsible for the motor vehicle accident. If you suffer from severe injuries or property damage as a result of a drunk driver, you reserve the right to sue a drunk driver to pursue compensation for any injuries caused by the motor vehicle accident in Georgia.
What To Do When Hit by a Drunk Driver in Georgia
If you are in an accident with a visibly intoxicated person, there are a number of steps you should follow to ensure your safety and reserve your right to pursue legal action.
Truck Accidents Caused by Drunk Drivers
The aftermath of an accident caused by an intoxicated truck driver can be legally complex due to the involvement of commercial entities. Immediately following the accident, ensure your safety and call 911. Then, document the scene with photos. Obtain contact information from witnesses and keep all medical bills and records. Contacting a Sandy Springs truck accident lawyer promptly is essential, as they can navigate the regulations governing commercial trucking and insurance claims.
Motorcycle Accidents Caused by Drunk Drivers
Motorcyclists often suffer more serious injuries in drunk driving accidents. After an accident caused by a drunk driver, seek immediate medical attention. Document any bodily injury and property damage, and collect contact details from any witnesses. Then, contact a Sandy Springs motorcycle accident attorney who can help protect your rights and help you pursue compensatory damages from the at-fault driver.
Pedestrians Hit by Drunk Drivers
A pedestrian hit by a drunk driver can result in serious injury. First, ensure your immediate safety and call for medical help. Have someone document the accident scene for you if your bodily injury prevents you from doing so. A Sandy Springs pedestrian accident lawyer can help you recover damages, including medical expenses and compensation for pain and suffering, as they understand the specific Georgia law protecting pedestrians.
In every situation, reporting the accident to the police is critical as police reports will be a valuable piece of evidence when pursuing drunk driving accident claims. Our Sandy Springs auto accident lawyers will carefully review the police report and medical bills to calculate the economic and non-economic damages associated with the drunk driving accident case.
Is DUI a Criminal or Civil Case in Georgia?
A DUI accident in Georgia can result in both civil and criminal drunk driving cases. Drunk driving is against Georgia law, meaning that any intoxicated driver caught will likely suffer criminal charges. If an injured victim chooses to sue a drunk driver, then this is a civil lawsuit.
Does Car Insurance Cover Drunk Driving Accidents in Georgia?
Yes, a drunk driver’s insurance company may cover certain losses for a drunk driving accident. However, the insurance company may only provide the minimum amount of coverage for losses like bodily injury, property damage, and wrongful death.
Since drunk driving accidents often result in serious or fatal injuries, the insurance claim won’t cover the full extent of a victim’s losses.
Will Car Insurance Pay for a Car Totaled in a DUI Accident?
Oftentimes, the drunk driver’s insurance company will cover property damage, but only up to a certain point. If your car is totaled, and the amount of the total property damages exceeds the other driver’s allotted coverage, then you may need to pursue compensation through another avenue outside of the insurance claim, such as personal injury lawsuits.
Can You Sue a Drunk Driver in Georgia?
Yes, you can sue a drunk driver in Georgia. If you are injured or suffer property damage in a drunk driving car accident, you can file a personal injury lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, mental anguish, and other damages.
Since drunk driving is known to be dangerous and reckless, drunk drivers can be held financially liable for any damages caused by their decision to drive while their blood-alcohol level is over the legal limit.
If you have suffered as a result of a drunk driver in Georgia, a drunk driving accident lawyer can help you understand your legal options regarding your potential personal injury claim.
How to File a DUI Lawsuit in Georgia
To file a DUI lawsuit in Georgia, first consult with a drunk driving accident attorney who can assess your accident claim. Your attorney will help you gather evidence, including police reports, medical records, and witness statements. They will then help you file an accident claim against the at-fault driver in the appropriate court, ensuring you can receive compensation for your losses.
I Got Hit By a Drunk Driver. What Am I Entitled To?
If someone is injured in an intoxicated driver accident in Georgia, then they may be entitled to financial compensation for medical bills, lost wages, property damage, pain and suffering, mental anguish, and more.
Georgia Dram Shop Laws
Under Georgia Dram Shop law, if an establishment or social host is serving alcohol to a minor or visibly intoxicated person, and the drunk driver injures someone else, victims can sue the establishment or social host for contributing to the intoxicated driver’s condition.
However, under Georgia law, the drunk driver’s injuries are not included.
So, if a drunk driver injures you, and you believe a Georgia establishment overserved the intoxicated driver, then you may be able to pursue legal action against the establishment and secure a fair settlement for your losses. If you are the at-fault driver who partook in drunk driving, then you cannot seek recourse under Georgia law.
Contact a Sandy Springs and Atlanta Dram Shop lawyer to learn more.
Georgia Crime Victims Compensation Program
Georgia’s Crime Victims Compensation Program provides financial assistance to victims of violent crimes, including those injured in drunk driving accidents. The program can cover medical expenses, counseling, lost wages, and funeral costs up to certain limits. This program is a supplementary source of funds when other forms of compensation, such as compensation from an insurance claim, are insufficient.
To qualify, victims must report the crime to law enforcement and file a compensation claim within a specific timeframe. The Georgia Crime Victims Compensation Program website provides more information.
Average Settlement: Hit By a Drunk Driver
In Georgia, a victim of a drunk driving accident may sue a drunk driver by filing a personal injury lawsuit to recover compensation for losses, including:
- Medical expenses
- Lost wages and earning capacity
- Property damage
- Emotional distress or mental anguish
- Loss of enjoyment of life
- Permanent disability and
- Funeral expenses in the event of a fatal car accident.
Average settlements for drunk driving accidents vary. A car accident attorney can help you better understand a fair settlement value for your case based on average settlements in Georgia.
Punitive Damages for DUI Accidents in Georgia
In addition to the other compensatory damages victims may be entitled to after a drunk driving accident, victims may also be able to recover punitive damages. Punitive damages aim to punish drunk drivers for their reckless behavior and to discourage similar conduct in the future.
Punitive damages are typically awarded in cases where the defendant’s actions are deemed especially egregious, such as driving under the influence with a high blood alcohol concentration or causing severe injuries or fatalities.
Georgia law caps punitive damages at $250,000, meaning victims can recover up to $250,000 worth of compensation from the at-fault driver for their actions.
What Happens if You are a Passenger of a Drunk Driver in Georgia?
If you are a passenger of a drunk driver, and the drunk driver injures you, you have the right to seek compensation for any injuries you sustain as a result of the motor vehicle accident, just like any other drunk driving accident victim under Georgia law.
You can file an insurance claim against the driver’s insurance company or pursue a drunk driving lawsuit. Additionally, you may be eligible for compensation through Georgia’s Crime Victims Compensation Program.
Wrongful Death Lawsuit for Fatal DUI Crash
If your family member was seriously injured in a DUI car accident and died as a result, then you have the right to file a wrongful death claim against the other driver responsible. Wrongful death lawsuits aim to help compensate the immediate family members of the victim for losses like funeral costs, emotional damages, lost financial support, and more.
Contact a Sandy Springs wrongful death lawyer at Ashenden & Associates for a free consultation.
Statute of Limitations for Drunk Driving Accident Claims in Georgia
Under Georgia law, the statute of limitations for filing a personal injury lawsuit related to a drunk driving accident is typically two years from the date of the incident. Victims or family members of the deceased must file a personal injury lawsuit within this time frame to seek compensation.
How A DUI Accident Lawyer Can Help With Drunk Driving Accident Claims in Sandy Springs, GA
The aftermath of a drunk driving accident can be overwhelming, but you don’t have to navigate your personal injury claim alone. An experienced Sandy Springs personal injury lawyer at Ashenden & Associates, P.C. can provide you with the representation you need to file your accident claim and recover compensation for your losses.
Our DUI accident lawyers will conduct a thorough investigation into the circumstances surrounding the drunk driving accident, gather crucial evidence to support your claim, and build a strong case on your behalf.
Call 770-394-8909 or fill out our online contact form to schedule a free consultation.
