Drunk Driving Accident Lawyer in Augusta

If you’re enjoying a drive on the roads of Augusta, Georgia, the last thing you might expect is to get into an accident with a drunk driver. You may be left with severe injuries, unexpected costs, and could face a long road to recovery.

When an intoxicated driver ignores the standard duty of care, gets behind the wheel, and hits you, the trauma you endure is entirely avoidable and may leave you wondering how you can find justice for your pain and suffering,

If a drunk driver also faces criminal charges, you may have to wait for those charges to be resolved before you can file a lawsuit. Insurance giants may fight your claim and make you jump through hoops before you’re offered a paltry settlement or even have your claim denied.

The good news is that you don’t have to face legal complexities and insurance battles alone. An Augusta drunk driving accident lawyer with The Scott Pryor Law Group can offer you the legal knowledge you need to navigate the litigious waters, support throughout your case, and the fight for justice you deserve.

• How a drunk driver is charged in Georgia
• Georgia Drunk Driving Statistics and Laws  
  • Impaired Driving Laws in Georgia
  • Comparative Fault Law
  • Statute of Limitations
• What to expect after you file a drunk driving accident claim
• Compensatory damages in an Augusta drunk driving accident
  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages
• Steps to take after a drunk driving accident in Augusta
  • Safely pull over and call 911
  • File a police report 
  • Collect evidence
  • Seek medical attention 
  • Contact a drunk driving accident lawyer
• Contact The Scott Pryor Law Group 

How a drunk driver is charged in Georgia

If a driver’s BAC (blood alcohol concentration) is over 0.08%, they can be charged three hours after driving. If a driver is involved in a drunk driving accident or is determined to be a “less safe” driver due to alcohol or drug influence, they may also be charged.  

A commercial truck driver can be charged with a DUI with a BAC of 0.04% (the equivalent of two drinks). First-offense DUIs are considered misdemeanors unless an accident results in severe injury or fatalities which will result in felony charges. 

Georgia Drunk Driving Statistics and Laws  

Georgia’s DUI laws have helped drunk driving accidents to significantly decrease. However, even with these laws in place, irresponsible people may drive under the influence of alcohol or drugs. 

The impaired judgment, careless driving, and excessive speeds of drunk drivers can put anyone on the road at risk of catastrophic injuries and pain and suffering.

Here are some facts you should know about drunk driving accidents in Augusta and around the state:

• The majority of accidents involving drivers under the influence of alcohol or drugs result in injury. 
• 28% of all collision fatalities in 2022 were caused by drunk drivers.
•  10% of drivers charged with DUIs have prior convictions.
• Georgia drunk driving accidents are more infrequent than in 90% of U.S. states.
• Significantly increased in fatalities from 2021-2022.   

Impaired Driving Laws in Georgia

An impaired driver involved in an Augusta accident will be subject to criminal charges along with any insurance claim and lawsuit you may file. If the at-fault driver is arrested and faces criminal consequences, there could be legal implications for your case. 

Your Augusta drunk driving lawyer may use any charges or convictions faced by the liable driver to strengthen the foundation of your case. 

Georgia Impaired Driving Laws require a driver convicted of a DUI face the following consequences:    

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

Comparative Fault Law

Also known as modified comparative negligence, Georgia’s comparative fault law could impact your drunk driving accident lawsuit. If you’re partially liable for your accident, you hold comparative fault, which means the following:

• If you are found responsible for 50%–100% of your accident, you no longer hold a valid legal claim for compensation.
• If you’re 0%-50% at fault, you may still seek compensation, but the monetary amount could decrease

For example, if you make an illegal left turn at a red light and a drunk driver hits your vehicle, the courts may determine that you are more than 50% liable for your accident. 

Statute of Limitations

The Georgia statute of limitations § 9-3-33 requires that all personal injury claims are filed within two years of the date of your accident. Drunk driving accidents are a part of personal injury law and the statute is in place to protect both plaintiffs and defendants in a lawsuit.

Under the law, plaintiffs are given ample time to determine their legal course of action and defendants are protected from decades-old or frivolous claims. However, it’s important that you don’t let this deadline elapse as you will no longer be able to seek compensation. 

If you include loss of consortium (loss of companionship and intimacy) in your claim, the statute of limitations extends to four years. 

What to expect after you file a drunk driving accident claim

A drunk driving accident lawyer in Augusta can advise you on the unique circumstances that could influence the progress of your case. Nevertheless, these are general steps that a drunk driving accident case follows:

• Your insurance provider will reach out to the at-fault driver’s insurer to begin the claims process.
• Consult a drunk driving accident lawyer before you accept a settlement offer.
• Your attorney from The Scott Pryor Law Group will gather evidence, including photo and video documentation and evidence of your medical expenses.
• The defendant in your case will have 30 days to respond to your complaint.
• In the discovery process, your lawyer and the defendant’s attorney will exchange all depositions, documents, evidence, recorded statements, and witness testimony.
• The Scott Pryor Law Group will act as your representative in all negotiations and mediation meetings. We won’t accept a settlement offer that is lower than you deserve, and will never agree to any compensation without your okay.
• Although most drunk driving accident cases are settled before they go to trial, if a settlement agreement cannot be reached, we will passionately fight for you before a judge or jury. 
• Both parties will have a chance to file an appeal to the verdict. If no one chooses to file an appeal or all appeals are exhausted, and the initial verdict was in your favor, you’ll receive the compensation you’re owed.

Compensatory damages in an Augusta drunk driving accident

A drunk driving accident lawyer in Augusta with The Scott Pryor Law Group will help you to calculate the compensation you should seek when you file your claim. Compensation falls under three categories known as damages: Economic, Non-Economic, and Punitive.

These categories are in place to help cover both the losses you’ve suffered with a set monetary value (for example, verified bills related to your accident) and the immeasurable losses you’ve experienced. 

Here are definitions and examples of the types of damages you might recoup after your accident.

Economic Damages

Economic damages (also referred to as special damages) help you to recoup the set financial losses you’ve experienced. Your drunk driving accident may leave you with mounting bills that deserve compensation. 

Examples of economic damages after a vehicle accident include:

• Assisted Living
• Home Healthcare
• Lost Wages (including bonuses and tips)
• Medical Expenses (all current and future doctor’s appointments, hospital stays, prescriptions, surgeries, and any other medical treatment costs)
• Property Repair and Replacement (all vehicle repairs or replacement costs)

Non-Economic Damages

Non-economic damages (also referred to as general damages) can help to alleviate the immeasurable losses you’ve suffered — both financial and emotional. Although non-economic damages can’t bring healing, this type of compensation can help to relieve you of your financial burden so that you can focus on your recovery.

Non-economic damages may include:

• Chronic Pain
• Disfigurement
• Emotional Distress (If you’ve received a diagnosis and treatment for anxiety or depression, your attorney might advise you to include this in your claim)
• Loss of Consortium (loss of companionship and intimacy)
• Loss of Enjoyment (if you can no longer enjoy the hobbies and passions you did before your accident)
• Loss of Limb
• Paralysis 
• Post Traumatic Stress Disorder (PTSD)
• Traumatic Brain Injury (TBI)

Punitive Damages

In Georgia, punitive damages are also referred to as vindictive damages as this type of compensation is often handed down by a judge or jury as punishment for a defendant’s gross negligence. 

Your lawyer might suggest you add punitive damages to your claim, as a drunk driver may face criminal charges and may have exhibited gross negligence in your accident.

For example, if a driver is visibly intoxicated, runs a red light while driving with a suspended license, and hits your car, you may have a strong case for punitive damages. 

Georgia state code  § 51-12-5.1 allocates 75% of a punitive damages award to the Georgia state treasury and the remaining 25% is awarded to the plaintiff.

Steps to take after a drunk driving accident in Augusta

In the immediate aftermath of your accident, you may feel overwhelmed and shocked. This is perfectly normal. However, it’s important that you follow some steps to ensure your safety and to protect your case.

Safely pull over and call 911

If your vehicle is still operable and your injuries won’t prevent you from doing so, pull over to the right shoulder of the road and avoid oncoming traffic. Call 911 and wait for first responders to arrive. If you suspect the driver who hit you is under the influence of drugs or alcohol, avoid communication until law enforcement is on the scene.

File a police report 

When law enforcement arrives, the responding officers will conduct field sobriety tests for the drunk driver. If they determine the driver is intoxicated, the officers will place the driver under arrest.

A responding officer will fill out a police report that includes contact and insurance information of all involved parties, the date, time, and location of the accident, preliminary investigation findings, and eyewitness statements.This information is vital to your legal claim.

Collect evidence

If your injuries don’t prevent you from doing so, take photo and video documentation of the accident and keep any damaged property and bloody clothing. This evidence will be crucial to the strength of your case.

Seek medical attention 

Even if you feel your injuries are minor, it’s important to receive an official diagnosis and necessary treatment. Shock can mask the severity of your injuries, and you could jeopardize your health if you avoid medical attention. Keep all prescription and treatment information, including any bills you have to pay upfront.

Contact a drunk driving accident lawyer

Even before you file your insurance claim, an attorney can advise you on what to expect and how to determine your best course of action. The Scott Pryor Law Group offers a free initial consultation and can advise you on the merits of your case.

Contact The Scott Pryor Law Group 

When you’ve been involved in a drunk driving accident, you may be left with significant injuries and wonder how you can contend with insurance companies that are reluctant to help.

An Augusta drunk driving accident lawyer with The Scott Pryor Law Group cares deeply about your unique experience and the trauma you’ve experienced. You don’t have to walk this path alone. We’ll take care of the legal complexities of your case and fight for your rights against insurance giants that don’t want to pay. You can focus on your recovery and leave the road to justice to us.

We can’t guarantee a successful outcome for your case, but we’ve successfully recovered multimillion dollar settlements for many of our satisfied clients.

Schedule your free consultation today.