Drunk Driving Accident Lawyer in Atlanta

Car accidents are always unexpected and traumatic. However, when you’ve been in an accident caused by a drunk driver, your pain and suffering might be compounded by the preventable nature of your collision. 

A drunk driving accident could result in severe injuries and overwhelming expenses that impede your recovery. If the driver involved in your accident faces criminal charges, you may have to wait for conviction before you can take a civil case to trial. You shouldn’t have to face the aftermath of your accident alone.

Although you can file an insurance claim or a personal injury lawsuit on your own, it may be difficult to navigate the legal process without an attorney. After you’ve been hit by a drunk driver in Georgia. The Scott Pryor Law Group can help you find justice. A drunk driving accident lawyer in Atlanta can advise on the merits of your case and fight for the compensation you deserve.

Table of Contents

• Georgia drunk driving laws you should know
  • How a drunk driver is charged in Georgia
  • Impaired Driving Laws in Georgia
  • Statute of Limitations
  • Comparative Fault Laws
• Common injuries caused by drunk drivers
• Steps to take after a drunk driving accident in Atlanta
  • Call 911
  • Gather evidence
  • Seek medical attention
  • Contact The Scott Pryor Law Group
  • File an insurance claim
• How The Scott Pryor Law Group can help
• Compensatory damages in a drunk driving accident case
  • Economic damages
  • Non-economic damages
  • Punitive damages  
• Connect with The Scott Pryor Law Group 

Georgia drunk driving laws you should know

Even with strict DUI laws in place, drunk driving accidents continue to impact Atlanta drivers. Intoxicated drivers often drive recklessly and with excessive speed, and when they collide with other vehicles, the consequences can be devastating for their unsuspecting victims.

In Georgia, drunk driving accidents:

• Occur more rarely than in 90% of U.S. states 
• Significantly increased in fatalities from 2021-2022 
• Caused 28% of all collision fatalities in 2022

Other important drunk driving statistics for Georgia include the following:

• In 2022, 10% of drivers charged with DUIs had prior convictions
• The majority of fatal DUI crashes occurred in the Atlanta area
• Many accidents involving impaired drivers result in injury

How a drunk driver is charged in Georgia

In Georgia, an impaired driver can be charged three hours after driving if their BAC (blood alcohol concentration) is over 0.08%, and can also be charged if it’s deemed they’re a “less safe” driver due to any influence from drugs or alcohol. A commercial truck driver can be charged with a DUI with a BAC of 0.04% (the equivalent of two drinks).

First-offense DUIs result in criminal charges, but are typically considered misdemeanors. However, certain factors (for example, a drunk driving accident resulting in severe injury or death) can bring felony charges. A third-time offender is automatically charged with a felony.

Impaired Driving Laws in Georgia

If you’ve been injured in a drunk driving accident, the impaired driver will also face significant criminal charges.These charges can help to strengthen your case, but you may have to wait until after sentencing to proceed with a lawsuit. The right Atlanta drunk driving accident lawyer can advise you on what to anticipate through the legal process.

In Georgia, the state’s Impaired Driving Laws mandate the following criminal consequences for drivers convicted of a DUI:

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

Statute of Limitations

In Georgia, as in most states, there’s a statute of limitations on drunk driving accident claims. If you’ve experienced trauma and personal injury in a drunk driving accident, you’re allotted a significant amount of time to file a legal claim against the liable driver. However, it’s important that you file your personal injury claim before this time window elapses, or you may no longer have a valid claim to compensation or legal recourse.

Georgia state code § 9-3-33 provides two years from the date of your accident to file a lawsuit. However, if your claims to damages include loss of consortium (the ability to enjoy intimacy with your partner), this statute is extended to provide four years.

Comparative Fault Laws

Also known as modified comparative negligence, Georgia’s comparative fault laws could impact your drunk driving accident lawsuit. These rules state that if you’re found to bear 50%-100% of responsibility for your accident, you do not have valid legal recourse to seek compensation. If you’re determined to be 1%-50% liable for your collision, the amount of compensation you can be awarded may decrease. 

For example, if you were excessively speeding and rear-ended a drunk driver who failed to start as a light turned green, you may legally hold some fault for your accident. If the courts determine that you hold 60% of the fault for your accident, your drunk driving accident claim could be dismissed.

Common injuries caused by drunk drivers

A driver under the influence of alcohol has impaired judgment and a lack of inhibition. Thus, they are more apt to drive recklessly, and can cause accidents that lead to severe and life-altering injuries. 

An Atlanta drunk driving lawyer from The Scott Pryor Law Group understands that your trauma is unique to you, and that every accident may be different. However, here are some of the most common injuries our clients have experienced as a result of a drunk driving accident:

• Back injuries
• Bone bruises
• Bone fractures
• Emotional trauma
• Internal injuries (such as internal bleeding and organ damage)
• Hematomas
• Ligament damage
• Neck injuries (such as whiplash, sprains, and fractures)
• Nerve damage
• Paralysis
• PTSD (post traumatic stress disorder)
• Spinal cord injuries
• Severe burns
• Traumatic Brain Injury (TBI)

Steps to take after a drunk driving accident in Atlanta

After you’ve been hit by a drunk driver, it’s a good idea to follow a checklist of the steps listed below to ensure you can protect the validity of your legal claim to compensation. You may find yourself facing life-long consequences as a result of a drunk driver’s poor choices, and you deserve justice for the trauma you’ve endured.

Here are some steps you should take after being hit by a drunk driver.

Call 911

Call 911 and wait for law enforcement. A police officer can mandate that the drunk driver take field sobriety tests and test their BAC level. You’ll be able to file a police report to document your accident, and officers will record an initial assessment on how the accident occurred.

Eyewitness interviews and contact information will also be included in the police report, and are vital to your drunk driving accident case.

You may not be able to pull your car safely over to avoid oncoming traffic. However, it’s important that you do so if you can. Find a safe spot to wait for first responders to arrive at the scene. If the drunk driver remains on scene, exchange insurance and contact information.

Gather evidence

You may be in shock after your accident. Nevertheless, if you’re physically able, use your smartphone to take photos and record video of the collision scene, including evidence of property damage, street lighting, skid marks, damaged guardrails, and even video of the impaired driver.

Seek medical attention

Seek medical care as soon as possible. Self-diagnosis does not hold up in court, and injuries that may initially seem minor may mask severe issues, such as broken bones and internal bleeding which can lead to major health issues and even fatality. 

Save any related medical paperwork and receipts of bills as your prescriptions, treatment, and diagnosis will all prove vital to your drunk driving accident case.  

Contact The Scott Pryor Law Group

You can connect with an Atlanta drunk driving accident lawyer at The Scott Pryor Law Group before you even file your insurance claim. We offer an initial free consultation which may help you to determine the legal route you should take.

Remember, insurance companies may be reluctant to pay you just compensation, could deny your insurance claim, and have a fleet of knowledgeable lawyers at their disposal. It’s tempting to accept a quick insurance offer, as your unexpected costs could mount quickly. 

However, once you’ve accepted a settlement, you no longer have further recourse to compensation. A drunk driving accident attorney can advise you of your rights and the next steps in the legal process.

File an insurance claim

Before you can file a personal injury lawsuit against a drunk driver, you must contact their insurance company (along with your own insurance provider) and begin the claims process. You’ll be assigned a file number, and a claims assessor who will communicate directly with you about the status of your claim. 

Documentation of this process is important should you choose to proceed with a lawsuit. 

How The Scott Pryor Law Group can help

An Atlanta drunk driving accident lawyer from The Scott Pryor Law Group cares about  your trauma. Your story and your individual needs are unique, and shouldn’t be treated as just another case number. 

The far-reaching impact of your injuries can affect every area of your life. You deserve to receive justice for your pain and suffering. You shouldn’t have to deal with the stress of insurer negotiations and the complexities of the legal process alone. 

The Scott Pryor Law Group is dedicated to providing you with legal counsel that exceeds your expectations, and we can help with the following:

• Identifying the merits of your case
• Consistent and transparent communication through every step of the legal process
• Gathering evidence
• Interviewing forensic experts like crash reconstructionists and medical professionals 
• Representing your best interests in negotiation meetings
• Determining the compensation you should seek
• Managing time-sensitive court filings
• Fighting for you in court should you fail to reach a settlement agreement

Compensatory damages in a drunk driving accident case

In Atlanta, the compensation you may be awarded in a drunk driving accident case is classified into categories known as damages. These categories include economic damages, non-economic damages, and punitive damages. Here’s the breakdown of each category.

Economic damages

Economic damages (also known as special damages) represent the measurable losses you’ve suffered as a result of a drunk driving accident. In other words, economic damages are the documented losses that have a set monetary value. Some examples

include:

• Lost wages (including bonuses, paid time off, and tips)
• Medical bills (any accident-related doctor’s visits, hospital stays, prescriptions, surgeries, and more)
• Repair and replacement costs (car repairs, car rentals, etc.)

Non-economic damages

Non-economic damages (also known as general damages) represent your immeasurable losses in a drunk driving accident. These losses may not have a set monetary value, and money can’t make up for what you’ve lost, but they may relieve you of financial burdens so that you can focus on your recovery.

Non-economic damages that you might seek in a drunk driving accident case can include:

• Catastrophic injury
• Emotional distress
• Pain and suffering
• Traumatic Brain Injury (TBI)
• Wrongful death

Punitive damages  

Punitive damages, also known as vindictive damages, are more likely to be awarded in a drunk driving accident case than in a general car accident case. Your attorney may advise you to seek punitive damages. However, these damages are more often determined by a judge or jury, meted out as punishment to a grossly negligent defendant, and added to awarded compensation.

In Georgia, 25% of punitive damages are awarded to a plaintiff and 75% are immediately allocated to the Georgia state treasury. 

Connect with The Scott Pryor Law Group 

An Atlanta drunk driving accident lawyer with The Scott Pryor Law Group will support your healing and stand beside you in your fight for justice. We care deeply about what you’ve endured and will advocate on your behalf.

Although we can’t guarantee the outcome of your drunk driving accident, we’ve successfully helped many clients, battled against giant insurance companies, and won multimillion dollar settlements.
Your road to recovery can start today. Schedule your free consultation with The Scott Pryor Law Group.