Drunk Driving Accident Lawyer in Athens

When you’re driving on the roads of Athens, Georgia, a drunk driver could cause an accident at any time of day. A drunk driving accident is beyond your control, but it could leave you with costly bills and severe injuries.

If an intoxicated driver gets behind the wheel and alters your life, they are grossly negligent and have violated the universal duty of care established for anyone who has a driver’s license. 

You deserve justice for the pain and trauma you’ve endured, and shouldn’t have to battle with an insurance giant that creates red tape, offers you a paltry settlement, or even denies your insurance claim. The good news is, you don’t have to walk this path alone.

A drunk driving accident lawyer in Athens with The Scott Pryor Law Group cares about your personal experience, knows how to negotiate with the insurance company for a fair settlement, and can walk beside you through every step of the legal process. We’ll fight for your justice so that you can focus on your recovery.      

• Drunk Driving Accidents in Georgia
• Georgia laws that could impact your case
  • Modified Comparative Negligence Law
  • Impaired Driving Laws in Georgia
  • Statute of Limitations
• What to expect in your drunk driving accident claim
• Compensation in an Athens Drunk Driving Accident
  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages
• FAQ: Drunk Driving Accidents 
  • How much will a drunk driving accident lawyer cost me?
  • What should I do if the drunk driver who hit me was uninsured?
  • Does Georgia have Dram Shop Laws?  
• How the Scott Pryor Law Group can help

Drunk Driving Accidents in Georgia

Georgia has strict drunk driving laws that help to decrease the number of injuries and fatalities caused by drunk driving accidents. Unfortunately, intoxicated people still get behind the wheel, and may cause you to crash.

It’s important to understand the impact of drunk driving accidents in Georgia. Here are some facts that you should be aware of:

• Drunk drivers caused 28% of all auto accident fatalities in Georgia in 2022.
• Georgia drivers with a BAC of 0.08% or higher will be charged with a DUI.
•  10% of drivers charged with DUIs have prior DUI convictions. 
• In Georgia, from 2021-2022, drunk driving accidents that resulted in fatalities significantly increased.  
• Georgia’s drunk driving accident rate is lower than 90% of all other U.S. states.

Georgia laws that could impact your case

Georgia state laws deter many intoxicated people from driving and endangering other lives. However, people still make terrible choices, and after a few drinks, impaired judgment may cause them to choose to drive. 

After you’ve been involved in a drunk driving accident in Athens, you may choose to file a personal injury lawsuit against the drunk driver. However, the impaired driver who caused your accident will also have to face criminal charges, and you may have to wait until they’ve received sentencing before your civil case can begin.

There are a number of laws in Georgia that can impact the outcome of your case. A drunk driving accident lawyer in Athens from The Scott Pryor Law Group can advise you on how state laws may factor in your case.

Modified Comparative Negligence Law

Georgia is one of many states that have a modified comparative negligence (or comparative fault) law in place. This law can determine the course of any personal injury case, and may impact the amount of compensation you can seek.     

Insurance company attorneys are notorious for digging for evidence that you hold some fault for your accident to allow them to deny your insurance claim. An Athens drunk driving accident lawyer understands how to fight against these tactics, and will advise you on your best course of action if you’re legally determined to hold liability for your collision.

The modified comparative negligence law means:

• If you’re responsible for 50% or more of your accident, you cannot legally seek compensation.
• If your liability falls between 0%-50%, the amount of compensation you can receive is determined by the percentage of responsibility you hold.

For example, if you were speeding when you were hit by a drunk driver, your case might be impacted by modified comparative negligence.   

Impaired Driving Laws in Georgia

Georgia’s Impaired Driving Laws may require that the drunk driver in your collision will be charged with a misdemeanor or even a felony. You can file an insurance claim before the driver is sentenced for these charges, but your personal injury lawsuit cannot begin until the charges have been resolved.

Fortunately, a drunk driving accident lawyer in Athens with The Scott Pryor Law Group may be able to use a defendant’s criminal charges to help build your case and to negotiate with the insurance company for just compensation.

Here are the consequences for a drunk driver convicted of a DUI in Georgia:

• First Offense: $300-$1,000 fine. Mandatory minimum of 40 hours of community service. Up to one year of jail time. Suspended driver’s license for up to a year. License reinstatement fees.
• Second Offense (within five years of first offense): $600-$1,000 fine. Mandatory month of community service.Mandatory jail time (between 48 hours–1 year). 3 years suspended driver’s license. Mandatory clinician evaluation and possible rehab program.  License reinstatement fees. 
• Third Offense (within five years of a second offense): $1,000–$5,000 fine. Habitual violator status. Mandatory clinician evaluation. Seizure of vehicle registration/license plate. Mandatory minimum of 15 days in jail. 5 years suspended license. Mandatory substance abuse program enrollment at the expense of the offender. Photo and address published in the local paper at the expense of the offender.

Statute of Limitations

Georgia statute of limitations § 9-3-33 mandates that you file your personal injury claim within two years of the date of your accident. This statute protects you as you wait for the defendant in your case to receive their sentence for any criminal charges they face. 

However, a two-year extension is granted if your case includes loss of consortium (companionship and intimacy), which allows you to file your claim within four years of the date of your accident.

It’s important to remember that if this deadline elapses and you haven’t filed your legal claim, you will no longer have a legal path to compensation.

What to expect in your drunk driving accident claim

A drunk driving accident can be fairly straightforward. However, the complexities of your individual case can require additional steps throughout your claims process. Nevertheless, the general stages you can expect during your claim include:

• Filing an insurance claim with your insurance company. Your insurer will contact the drunk driver’s insurance company. You’ll be assigned a claims agent and a case number and a claims agent to refer to throughout the process.
• Consult a drunk driving accident lawyer in Athens. A lawyer can advise you on the merits of your case and negotiate with the insurance company on your behalf.
• The Scott Pryor Law Group fights for the underdog — your lawyer will battle the insurance company if their settlement offer is too low. If you cannot reach a settlement agreement, your drunk driving accident lawyer might recommend that you file a lawsuit..
• Your lawyer will gather evidence to build your case. This might include your filed police report, photo and video documentation of your accident, medical bills, and more. We’ll also conduct a thorough investigation of your accident and record eyewitness and forensic expert testimony.
• Filing your personal injury lawsuit. The defendant (s) in your case has 30 days to respond to your complaint.
• The Scott Pryor Law Group will represent you in all negotiations and legal meetings to fight for the best possible outcome in your case.
• If negotiations fail to result in an agreeable settlement offer, we’ll advocate for you in court and fight for your justice.                

Compensation in an Athens Drunk Driving Accident

The compensation you receive in a drunk driving accident case is classified into categories called damages. Damages represent both the immeasurable and measurable losses you’ve experienced. These categories help you to itemize your claim to ensure that your losses are legally recognized.

An Athens drunk driving accident lawyer with The Scott Pryor Law Group will help you to determine the types of damages you should claim and calculate the financial compensation you might seek.

The types of damages include economic, non-economic, and punitive.  

Economic Damages

Economic damages (or special damages) represent the measurable losses you’ve incurred with a set monetary value. For example, accident-related bills would fall under economic damages.

Economic damages after a drunk driving accident might include:

• Lost Wages
• Medical Expenses 
• Rehabilitative Care Costs
• Transportation Costs 
• Vehicle Repair or Replacement Costs

Non-Economic Damages

Non-economic damages (or general damages) represent losses without a set monetary value. Immeasurable losses can alter your life in significant ways and cannot be replaced. However, monetary compensation can help to alleviate your financial burdens and allow you to focus on your recovery. 

Non-economic damages claimed in a drunk driving accident might include (but are not limited to) :  

• Catastrophic Injury
• Chronic Pain
• Disfigurement
• Emotional Distress 
• Pain and Suffering
• Post Traumatic Stress Disorder (PTSD)
• Traumatic Brain Injury (TBI)
• Wrongful Death

Punitive Damages

Punitive damages are usually handed down by a judge and/or jury as punishment to a grossly negligent defendant. In Georgia, punitive damages are also referred to as “vindictive damages.” 

However, your drunk driving accident lawyer in Athens might advise you to include punitive damages in your claim due to the grossly negligent behavior of a drunk driver defendant. 

For example, an extremely intoxicated driver who runs a red light and plows into the back of your car might be considered grossly negligent.

FAQ: Drunk Driving Accidents

How much will a drunk driving accident lawyer cost me?

An Athens drunk driving accident lawyer from The Scott Pryor Law Group works on a contingency basis. This means that you won’t have to deal with expensive, upfront fees. We don’t get paid until you get paid which allows you to focus on healing without legal expenses hanging over your head.

What should I do if the drunk driver who hit me was uninsured?

If you carry uninsured motorist coverage, your insurer may pay your initial claim. If you decide to file a lawsuit, you may file directly against the uninsured drunk driver. However, depending on their financial status, you might not be paid immediately after a successful verdict.

Does Georgia have Dram Shop Laws?

Yes, Georgia does have Dram Shop Laws. Per state law O.C.G.A. § 51-1-40, alcohol vendors and proprietors of establishments that serve liquor can be held liable for serving alcohol to visibly intoxicated individuals or minors.

This means that if there’s evidence that the drunk driver who caused your accident purchased alcohol or was served in a bar, convenience store, liquor store, or restaurant, you might include these entities in your lawsuit.

Georgia’s Dram Shop Laws also extend liability to social hosts. For example, if a friend of the defendant in your case hosted a party and knowingly served the defendant when they were intoxicated, you might include the friend in your personal injury lawsuit.

How the Scott Pryor Law Group can help

At The Scott Pryor Law Group, we’re passionate about fighting for people who deserve justice. We care about your unique experience and the pain and suffering you’ve endured.

A drunk driving accident lawyer in Athens will fight against insurance giants to help achieve the best outcome in your case. We can’t guarantee a successful verdict, but we’ve recovered 7-figure settlements for many clients and have over 1000 5-star client reviews. 

We’ll help guide you through the legal process and stand beside you every step of the way. Your first step on the road to justice can begin today.

Schedule your free consultation with The Scott Pryor Law Group today.