Imagine you are returning home from working a late shift at the hospital or a last-minute grocery run, and you are suddenly hit by a drunk driver at the intersection of Peachtree Road and Piedmont Road in Fulton County, when many of the nightclubs and bars are getting out. Regardless of where the accident occurred, you are probably facing mounting medical bills and other unexpected expenses that are challenging to pay.
Georgia imposes strict consequences for those who are convicted of drunk driving, but many accident victims find themselves struggling to deal with lost wages, ongoing medical care, and other expenses. If you have been involved in a crash with a drunk driver, you must understand your legal options so you can make informed decisions.
Criminal Charges vs. Civil Lawsuits — Two Separate Legal Paths
An injury caused by an impaired driver typically involves two distinct but equally important aspects: criminal charges and a civil lawsuit. Understanding the critical differences between the two is essential to successfully navigating your case and assessing your legal options.
Depending on the facts of the case, a state prosecutor can pursue criminal DUI charges against the driver who hit you. Conversely, as an accident victim, state law allows you to file a personal injury suit. Each case can proceed independently, as one does not depend on the outcome of the other, although a conviction can strengthen your civil case.
Contrary to what many of the injured victims initially believe, the drunk driver does not have to be convicted to obtain financial compensation through a civil claim. In a criminal proceeding,
including a DUI case, the prosecutor must prove their case beyond a reasonable doubt. But the burden of proof differs in civil actions, as a case may be won based upon a “preponderance of evidence.”
What You Need to Prove in a Civil Lawsuit Against a Drunk Driver
In Georgia, all motorists are required to operate their vehicles safely, and those who drive under the influence breach their duty of care. Under state law, the legal limit is 0.08% BAC, 0.04% for commercial drivers, and 0.02% for those under 21. It is worth emphasizing that even if the driver did not register a BAC of 0.08%, proof of impairment can still support a civil claim to try to recover damages.
You must also be able to show “causation”, meaning that the drunk driving was directly responsible for causing the accident and injuries. Finally, you must have suffered actual losses such as medical bills, lost income, and pain and suffering. The state’s negligence per se doctrine stipulates that violating the DUI law automatically establishes negligence.
Types of Compensation Available in DUI Accident Cases
Regardless of whether you were the victim of a DUI crash on the Downtown Connector or Memorial Highway, you may be entitled to seek compensation for economic and non-economic damages.
Economic damages are financial compensation for out-of-pocket expenses you have paid as a result of being involved in an accident. For example, one of the most significant expenses most accident victims face is medical expenses. Economic damages may repay the cost of ER visits, diagnostic tests, surgery, rehabilitation, and future medical care.
Other commonly awarded damages include:
- Lost wages
- Loss of earning potential
- Property damage
Non-economic damages are awarded on a case-by-case basis but often include compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement and scarring
Depending on the circumstances involved, you may be entitled to seek punitive damages for a DUI-related accident. Punitive damages differ from compensatory damages in that they are meant to punish the wrongdoer and deter others from repeating the same behavior. Although Georgia places a $250,000 cap on punitive damages, drunk driving accidents may be eligible for an exception if cases involve willful misconduct, wantonness, or malicious conduct.
Can You Sue the Bar or Restaurant That Served the Drunk Driver?
Under O.C.G.A. § 51-1-40 and O.C.G.A. §51-1-40(b), Georgia has strict laws that hold bars and other establishments liable for serving intoxicated adults and minors who then cause drunk driving accidents. While Georgia does not have laws that establish social host liability for adults, state laws do limit liability to adults who serve alcohol to minors.
Identifying all potentially liable parties, such as employers or other vehicle owners, is essential when pursuing damages in a lawsuit.
Steps to Take After a Drunk Driving Accident in Atlanta
I-85 and GA-400 in Atlanta have some of the highest reported incidences of DUI-related crashes. If you are involved in a drunk driving accident, there are several steps that you should take to protect your well-being and right to pursue a compensation claim.
These steps include:
- Call 911 immediately so that law enforcement officers can investigate the crash and administer field sobriety and BAC tests
- Be sure to request the police report number for your records. The police report provides essential legal information regarding the DUI arrest and BAC test results.
- Document your injuries and seek medical attention at once
- Do not speak with the other party’s insurance provider, and do not accept a quick settlement. Insurance companies often try to lowball DUI claims to maintain profitability
- Contact an Atlanta personal injury attorney before communicating with the insurance company
Timeline and Statute of Limitations for DUI Accident Lawsuits
While Georgia law provides a two-year statute of limitations (O.C.G.A. § 9-3-33) for suing a drunk driver, the clock starts ticking from the date the accident occurs. Even so, the statute of limitations is tolled (paused) under O.C.G.A. § 9-3-90 until the minor turns 18 or until a criminal prosecution is brought and the case is decided.
Even though two years may seem like ample time to file a DUI lawsuit, you must seek legal representation immediately. Evidence can quickly disappear, and witnesses’ memories fade or become challenging to locate. You should also take care to preserve all medical documentation that will support your personal injury claim. Contact Durham Law Group today at 404-845-3434 or 813-333-6250 for a free consultation to discuss your DUI accident case.
