Driving with a blood alcohol content of .08 or greater in Atlanta is illegal. However, people still do it, with accidents regularly occurring on high-traffic routes like I-285, I-20, and Peachtree Street. If you or someone you love has been injured or killed in a drunk driving accident, you understand the devastation that it can cause.
Although no amount of compensation can bring back a family member or heal your injuries, holding the other party liable can help you cover medical expenses, lost wages, and other damages resulting from the crash.
At Van Sant Law, our drunk driving accident lawyers in Atlanta have been serving Georgia residents since 2008 and can help you prepare a claim for compensation. Speak to an Atlanta car accident lawyer today to learn more about how we can help you.
Georgia Drunk Driving Laws You Should Know
Our Atlanta personal injury lawyers know that drinking and driving laws in Atlanta can get complicated, but we’re here to simplify things for you. Under Georgia law, O.C.G.A. § 40-6-391, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of:
- 0.08% or higher for drivers over 21 years old
- 0.04% or higher for commercial vehicle drivers
- 0.02% or higher for drivers under 21
Driving under the influence in Georgia is a criminal offense with serious penalties including fines, jail time, license suspension, and mandatory alcohol education programs. However, even if the drunk driver is facing criminal charges, you must still pursue a separate civil claim to seek compensation for your injuries and damages.
How to Prove Liability Against a Drunk Driver
When filing a civil lawsuit, you must be able to prove that the drunk driver was negligent and that their negligence directly caused your injuries. In Georgia, negligence involves showing:
- Duty of care: The driver had a legal obligation to operate their vehicle safely.
- Breach of duty: Driving while intoxicated is a clear breach of that duty.
- Causation: The breach led to the accident and your injuries.
- Damages: You suffered measurable losses such as medical bills, lost wages, pain and suffering, etc.
Proving negligence requires solid evidence, which can help establish what happened and who was responsible for the crash.
Georgia Dram Shop and Social Host Liability
Drunk driving cases in Atlanta can involve more than just the driver. We’ll also investigate whether a bar, restaurant, or other establishment may share responsibility for serving the driver.
Georgia law O.C.G.A. § 51-1-18 allows injury victims to pursue claims against bars, restaurants, or social hosts that served alcohol to the intoxicated driver. Under Georgia’s Dram Shop Act, a business may be held liable if it knowingly served alcohol to someone who was visibly intoxicated and knew that person would be driving.
Someone throwing a party may also be liable if they served alcohol to a minor who then caused a crash. Because these types of violations can be harder to prove, having legal representation is a must. At Van Sant Law, our Atlanta drunk driving accident lawyers explore every avenue of liability to ensure you receive the maximum compensation available.
Evidence That May Support Your Atlanta Injury Claim
Our Atlanta drunk driving accident lawyers will help you gather a range of evidence to help strengthen your compensation claim and prove liability. This may include:
- Police accident reports and DUI arrest records
- BAC test results and field sobriety test footage
- Eyewitness testimony
- Traffic camera or dash cam footage
- Accident reconstruction expert reports
Medical records from facilities such as Grady Memorial Hospital or Piedmont Atlanta Hospital can also help to document the severity of your injuries, while also demonstrating the treatment you received and the impact the accident has had on your recovery.
What to Do if There Is No Police Accident Report
If a police officer does not file an accident report, you can file an SR-13 Personal Report of Accident to document the crash. This form provides information about the accident, drivers, vehicles, and insurance coverage. Our attorneys can also help obtain the official APD accident and DUI records needed to investigate your claim.
How an Atlanta Drunk Driving Accident Attorney Can Help
The first 72 hours after a DUI accident are the most important for gathering evidence. Our attorneys work hard to access the DUI report, investigate the bar or restaurant that may have served the driver, and send insurance hold letters to help preserve relevant evidence.
We have successfully represented countless victims of drunk driving accidents throughout Georgia, and we’re not afraid to take your case to court if it means securing you financial justice.
In fact, one Van Sant client was awarded $497,000 after we took their drunk driving case to trial, demonstrating our commitment to fighting for the case results our clients deserve.
Filing a DUI Injury Claim in Fulton County, Atlanta
If your DUI accident happened in Fulton County, your case may be filed in Fulton County State Court. Civil cases are filed electronically, and starting a lawsuit involves filing a complaint and summons and serving the other party.
Georgia’s statute of limitations generally gives you two years to file a personal injury claim, but some cases have different deadlines. Claims involving government vehicles can have additional notice requirements, known as the six-month ante litem notice, and shorter deadlines. That’s why it’s important to speak with an attorney as soon as possible after an accident.
What Compensation Can You Recover?
Victims of drunk driving accidents in Atlanta may be able to recover economic damages and non-economic damages. This may be used to cover:
- Medical expenses
- Future medical needs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent scarring or disability
- Wrongful death damages
- Punitive damages
The type of compensation you’re entitled to will depend on the specific facts of your case, which is why you should hire a drunk driving accident attorney to help estimate your losses.
Additional Factors That May Impact Your Settlement
Under Georgia law, there are several factors that may have an effect on your overall compensation amount. This includes:
- Medical liens: A hospital, doctor, or other medical provider may have a lien against your settlement for accident-related treatment. This means part of your settlement may go toward paying these medical expenses.
- Subrogation: Your health insurance company may have paid some of your medical bills after the accident. As such, they may have a right to seek repayment from your compensation.
- Bad-faith insurance: If an insurance company unfairly refuses to pay a claim, you may be able to seek additional compensation under O.C.G.A. § 33-4-6.
- UM/UIM coverage: According to O.C.G.A. § 33-7-11, uninsured and underinsured motorist coverage may provide additional protection when the drunk driver has little or no insurance.
Van Sant Law works with experts to assess the true value of your claim. We will always aim to fight for full compensation and pursue every relevant avenue for damages.
Choose Van Sant Law to Represent Your Case
Our drunk driving accident lawyers in Atlanta treat every client like family. We take the time to understand your situation and address your needs through a tailored legal strategy aimed at achieving the best possible results.
You’ll receive consistent updates and support throughout the legal process as we work to get you a fair settlement based on your damages.
Book a free consultation with our team to discuss your case in further detail and get all the answers to your questions. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
