Drunk Driving Accident Lawyer in Gainesville, GA

Everyone knows how much damage drunk drivers can cause, and yet intoxicated people get behind the wheel every year. Drunk drivers are one of the biggest threats to safe drivers on Georgia’s roads. 

Driving Under the Influence (DUI) puts everyone at risk. If you have been injured because of a drunk driver’s actions, you may be eligible for compensation for your injuries and financial losses. Even if the driver is facing legal charges, a personal injury attorney can pursue civil damages. 

The Scott Pryor Law Group provides empathetic, knowledgeable support to victims of drunk driving accidents in Gainesville and the surrounding areas. You shouldn’t have to face your injuries, expenses, and a lengthy recovery process alone. Contact the lawyers at the Scott Pryor Law Group for a free consultation so we can learn about your accident and advise you on your next steps.  

• What to expect when filing a drunk driving accident claim
• Georgia’s DUI Laws 
  • First-time offenders
  • Second-time offenders (with an offense in the previous 5 years)
  • Third-time offenders (with an offense in the previous 5 years) 
• Types of compensation after a drunk driving crash in Gainesville
• What is comparative negligence? 
• What is the statute of limitations in Georgia? 
• Steps to take after a drunk driving accident in Gainesville
• Contact The Scott Pryor Law Group for a Free Consultation

What to expect when filing a drunk driving accident claim

After a drunk driving accident in Gainesville, your best option is to work with an experienced drunk driving accident lawyer. They can help you understand your options, walk you through the legal process, answer your questions, help you build a case, and negotiate on your behalf. 

Because drunk driving accident victims experience life-changing injuries, the associated costs can last a lifetime. 

Common injuries include: 

• Traumatic Brain Injuries (TBIs)
• Amputations
• Broken bones
• Soft tissue damage
• Cuts and lacerations
• Burns
• Spinal cord injuries
• Permanent disability
• Scarring 
• Disfigurement

A Gainesville accident lawyer can help you anticipate each new stage in the personal injury claim process. Although the legal path varies from person to person, here is a general overview of what to expect: 

1. After you let your insurance company know about the accident, they will reach out to the other driver’s insurance company to start the claims process
2. You may be offered an early settlement from the insurance company; if you haven’t already consulted with a personal injury attorney, now is the time to do so
3. After retaining the services of an attorney, they can investigate the accident, gather evidence, interview witnesses, compile a list of damages, and build a strong case about who was at fault for your injuries
4. The defendant has 30 days to respond after your attorney files a complaint on your behalf 
5. During the discovery process, your lawyer and the defendant’s lawyer will exchange all information about the case, including evidence, depositions, recorded statements, witness testimonies, and any additional documents
6. Your attorney is your advocate during negotiations and mediation meetings
7. Most drunk driving cases are settled without going to trial, and The Scott Prior Law group is committed to never accepting a settlement that is less than you deserve
8. If your case isn’t resolved during negotiations, your attorney will continue to work with you as you prepare for trial
9. A trial can be a lengthy process, but your Gainesville drunk driving accident lawyer will do everything they can to get you the compensation you deserve, all while supporting you throughout the trial 

Georgia’s DUI Laws 

Georgia’s legal code specifies that a person can be charged with a DUI if they drive or take control of a moving vehicle while under the influence of any alcoholic beverage, drug, aerosol, glue, toxic vapor, or any combination of the above, to the point that it makes them less safe to drive. 

This includes: 

• Drivers with a Blood Alcohol Concentration (BAC) over 0.08% 
• Commercial truck drivers with a BAC of 0.04%

Impaired drivers can face criminal charges, even if they didn’t cause an accident. However, if they caused an accident, they can be sued in civil court by as many victims as they injured. The consequences of DUI in Georgia depend on the specific factors in the case. 

First-time offenders

• Up to a year in jail
• $300-1000 in fines
• Suspended license for up to a year
• Mandatory minimum of 40 hours of community service
• License reinstatement fees

Second-time offenders (with an offense in the previous 5 years)

• 48 hours-1 year in jail (mandatory jail time)
• $600-1000 in fines 
• Suspended license for 3 years
• Required clinician evaluation, with the possibility of rehabilitation
• One month of community service
• License reinstatement fees 

Third-time offenders (with an offense in the previous 5 years) 

• Mandatory minimum of 15 days in jail 
• $1000-5000 in fines
• Suspended license for 5 years
• Vehicle registration and license plate seized
• Mandatory clinical evaluation
• Labeling as a habitual offender
• Pay out of pocket for a mandatory substance abuse program
• Publication of photo and address in the local paper 

Types of compensation after a drunk driving crash in Gainesville

Compensation is based on the extent of your injuries and the costs associated with the accident. Every crash is different, which means that every drunk driving claim is unique. One general rule is that people with more serious injuries typically accumulate more costs. That’s why accident victims with serious injuries tend to see higher compensation amounts than others.

All of the attorneys at The Scott Pryor Law Group understand that no amount of money will ever make up for the damages you have experienced because of a drunk driver’s selfish actions. We also believe that you shouldn’t have to suffer financial burdens because of someone else’s negligence. 

Compensation for economic damages may include: 

• Emergency medical care
• Hospital stays
• Surgical costs
• Ongoing medical bills
• Lost wages from missed work
• Lost earning capacity if you’re unable to return to work 
• Therapy bills (PT, OT, and mental health therapy)
• Replacing damaged property
• Accessibility needs, including possible home renovations for accessibility
• In-home healthcare providers
• Mobility aids such as a wheelchair, scooter, walker, or pair of crutches 

Some losses are not economic, but you may still be able to receive financial compensation nonetheless. That’s because the Georgia court system recognizes that physical and mental suffering is just as important as economic suffering. When a drunk driver causes bodily injury, you deserve compensation for your pain and suffering. 

Compensation for non-economic losses may include: 

• Pain and suffering
• Scarring and disfigurement
• Permanent disability
• Loss of consortium
• Reduced quality of life

If a judge or jury finds that a defendant acted with gross negligence, they may also assign punitive damages. In such instances, the plaintiff may receive additional monetary compensation. 

What is comparative negligence? 

Comparative negligence is a legal statute that allows multiple parties to share legal responsibility for an accident. Georgia follows a modified comparative negligence rule that says that as long as you were less than 50% responsible for the accident, you can sue the responsible party for damages. 

However, your compensation settlement or jury award will be reduced by the percentage of your responsibility. If you were 35% responsible, your compensation would be reduced by 35%. 

In most crashes involving drunk drivers, the intoxicated person bears the most responsibility—it is almost over 50%. However, there are circumstances in which the drunk driver may only be partially responsible. That’s why defense attorneys and insurance companies will sometimes try to assign blame to the accident victim, as a way to reduce the other driver’s burden of responsibility. 

Your attorney can prove who was responsible and advocate for you to get the right compensation, even if the other party is claiming that you were at fault. 

What is the statute of limitations in Georgia? 

Georgia has a two-year statute of limitations for personal injury cases. You must file your injury claim within two years of the accident to be eligible for compensation. There are some circumstances in which you may be able to file a claim after two years have gone by. These situations include: 

• For minors, the statute of limitations does not start until they turn 18
• If your claim involves loss of consortium, the statute of limitations lasts for 4 years
• Wrongful death claims must be filed within 2 years of the date of the person’s death, even if their death occurred years after the accident 

Steps to take after a drunk driving accident in Gainesville

Following a drunk driving collision, you may experience a range of emotional and physical responses. Your injuries might cause significant pain, or alternatively, adrenaline could temporarily mask your discomfort. If you feel emotions like anger, devastation, or a sense of being overwhelmed, those are all completely normal. 

To safeguard your legal rights, consider following these recommendations after being hit by an intoxicated driver. Remember, even if you aren’t able to complete all these steps, your situation isn’t hopeless. An attorney can still protect your interests and guide you toward the best course of action, regardless of what transpired after the accident.

• Move your vehicle safely out of traffic when possible
• Contact emergency services (911) and remain at the scene until police arrive
• Get immediate medical evaluation and treatment
• Gather evidence if you’re physically able
• Document the incident with a police report
• Notify your insurance provider, but avoid accepting any settlement offers immediately
• Reach out to a specialized drunk driving accident attorney

Contact The Scott Pryor Law Group for a Free Consultation

Recovering from injuries sustained in a drunk driving accident can be complicated by difficulties dealing with uncooperative insurance companies. The drunk driving accident attorneys at The Scott Pryor Law Group in Sandy Springs comprehend your unique circumstances and the trauma you’ve experienced. You deserve support during this challenging period.

Our team will manage the complex legal elements of your case and champion your rights against insurance companies reluctant to provide fair compensation. While you concentrate on recovery, we’ll pursue justice on your behalf!

Connect with us today for your free consultation. We’ll evaluate your case, respond to your questions, and assist you in taking the next steps toward recovering from your losses.