Being hit by a drunk driver is a traumatic experience that can leave victims with devastating injuries, emotional distress, and financial burdens. Georgia law takes these cases seriously, providing mechanisms for victims to seek justice and hold drunk drivers accountable.
Drunk Driving in Georgia: A Widespread Problem
Drunk driving remains a leading cause of traffic accidents in Georgia. Despite strict DUI laws, impaired drivers put innocent lives at risk every day. Local data highlights the severity of the issue:
- High DUI Rates: Georgia has seen thousands of DUI arrests annually, with alcohol-related crashes causing significant injuries and fatalities.
- Impact on Victims: From broken bones to traumatic brain injuries, the toll on victims can be life-altering.
Georgia law seeks to deter drunk driving through stringent penalties, but civil claims also play a key role in holding drivers accountable for the harm they cause.
How Liability Is Determined in Drunk Driving Cases
When a drunk driver causes an accident, proving liability is essential for victims seeking compensation. Under Georgia law, evidence of intoxication can significantly bolster a personal injury claim.
- DUI Conviction: If the at-fault driver is found guilty of DUI, this can serve as strong evidence of negligence.
- Legal Blood Alcohol Limit: Georgia’s legal limit is 0.08% for most drivers and 0.04% for commercial drivers. For underage individuals, any alcohol presence (0.02% or higher) is illegal and increases liability.
- Negligence Per Se: Drunk driving is considered negligence per se in Georgia, meaning that driving under the influence automatically establishes a breach of duty of care.
Evidence such as police reports, witness testimonies, and videos from the scene are critical for determining liability.
Damages Victims Can Recover After a Drunk Driving Accident in Georgia
Victims of drunk driving accidents in Georgia are entitled to compensation for their losses. Damages in these cases typically fall under three categories:
Economic Damages
These cover financial losses incurred due to the accident, such as:
- Medical Expenses: Hospital bills, surgeries, medications, and rehabilitation costs.
- Lost Wages: Compensation for time missed from work due to injuries, including diminished earning capacity for long-term disabilities.
- Property Damage: Costs to repair or replace damaged vehicles and other belongings.
Non-Economic Damages
Non-economic damages address the emotional and physical toll of the accident:
- Pain and Suffering: Compensation for physical pain and discomfort caused by the injuries.
- Mental Anguish: Damages for emotional trauma, anxiety, or PTSD resulting from the crash.
- Loss of Enjoyment: If injuries affect your ability to partake in activities you once loved.
Punitive Damages
Georgia law allows courts to award punitive damages in drunk driving cases to punish the driver and deter similar behavior in the future.
- Eligibility for Punitive Damages: These damages are awarded when the defendant’s behavior is particularly reckless or egregious, such as driving under the influence. Compensatory damages do not directly relate to the victim’s losses.
- Caps on Punitive Damages: Georgia usually caps punitive damages at $250,000. However, this limit does not apply to drunk driving cases, where no cap exists, allowing for potentially higher awards.
How to Seek Compensation After a Drunk Driving Accident
Filing a claim after a drunk driving accident in Georgia requires a proactive approach. Here’s what victims should do to strengthen their case.
Call Law Enforcement Immediately
Always call the police after an accident involving a suspected drunk driver. An official police report is crucial for establishing liability, as it often includes evidence like BAC test results and officer observations.
Get Medical Attention
Seek medical help even if your injuries seem minor. Detailed medical records ensure your safety and serve as evidence of your damages.
Document the Scene
If possible, take photos and videos of the accident site, damage to vehicles, and your injuries. Collect contact information from witnesses who can provide statements.
Consult a Personal Injury Attorney
Navigating the legal process can be overwhelming, especially when dealing with insurance companies. An experienced Georgia personal injury attorney can help you:
- Collect evidence and build a strong case.
- Negotiate with insurers for maximum compensation.
- Pursue legal action to secure punitive damages if necessary.
File a Claim Quickly
Georgia’s statute of limitations for personal injury cases is generally two years from the date of the accident. Filing within this timeframe is crucial to preserve your right to compensation.
The Role of Insurance in Drunk Driving Cases
Most drunk driving claims involve the at-fault party’s insurance company. Georgia requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury and $50,000 per accident.
- Uninsured/Underinsured Coverage: Victims may need to turn to their own uninsured/underinsured motorist coverage if the driver lacks sufficient insurance.
- Bad Faith Claims: Victims can pursue bad faith claims to recover additional compensation if the insurer refuses to settle fairly.
Atlanta Car Accident Attorneys
Drunk driving accidents leave a lasting impact on victims, but Georgia law offers pathways to accountability and compensation. You can take the necessary steps toward justice by understanding liability, damages, and the legal options available. Our experienced team at Morrison & Hughes is dedicated to advocating for victims and their families. Contact us today at (404) 689-2734 to get started.