Drunk Driving Accident Attorney in Sandy Springs 

Drunk drivers wreak havoc on America’s roads. When intoxicated people decide to get behind the wheel, they put countless lives in jeopardy—including their own and everyone else’s. If you have been injured by a drunk driver, you may be left with life-changing injuries, mounting costs, and a long journey toward recovery. 

Driving Under the Influence (DUI) is usually a misdemeanor in Georgia, but some circumstances can turn the offense into a felony. Regardless, every drunk or intoxicated driver is negligent by default. They have failed to uphold their duty of care to everyone else on the road. 

Even if the driver that caused your injuries is facing criminal charges, you can still file a drunk driving lawsuit against them. The criminal case is an important path to justice, but so is a civil case that forces them to take financial responsibility for the damage they have caused. 

Sandy Springs is generally a safe community, but drivers, passengers, and pedestrians can still be injured in drunk driving accidents. When you are facing unexpected injuries and financial damages because of someone else’s negligent actions, an attorney can answer your questions and help you make the right decision about your next steps. 

Contact The Scott Pryor Law Group for a free consultation. 

• DUI laws in Georgia
• What happens when you file a drunk driving accident claim? 
• What kind of compensation is available after a drunk driving crash? 
• Understanding the role of comparative fault in Georgia
• Statute of Limitations in Georgia 
• What to do after a drunk driving accident 
• Contact The Scott Pryor Law Group for a free consultation

DUI laws in Georgia

According to Georgia’s legal code, a DUI charge can be made anytime a person drives or takes control of any moving vehicle while under the influence of alcohol, drug, glue, aerosol, toxic vapor, or combination of the above to the point that it makes them less safe to drive. 

• Drivers with a BAC (Blood Alcohol Concentration) over 0.08% can be charged with a DUI
• Commercial truck drivers only have to have a BAC of 0.04% to be charged with a DUI

Impaired drivers can be subject to criminal charges in addition to whatever insurance claim and legal claim you file.

The consequences of driving under the influence in Georgia depend upon the specific factors of the case. 

• First-time offenders face up to a year in jail, plus a $300-1000 fine. The driver’s license will be suspended for up to a year, and there is a mandatory minimum of 40 hours of community service. To get their license reinstated, the offender will need to pay a reinstatement fee.
• Second-time offenders who have another offense within the previous 5 years will face a three-year suspension of their driver’s license and a $600-1000 fine. Jail time is mandatory, but ranges between 48 hours to one year. There is also a required clinician evaluation and the possibility of a rehabilitation program. Offenders will complete one month of community service and pay license reinstatement fees.

Third-time offenders who offend within 5 years of their second offense will face a mandatory minimum of 15 days in jail, plus pay a $1000-5000 fine. Their vehicle registration and license plate will be seized, and their license will be suspended for 5 years. A clinical evaluation is mandatory, and they will be labeled a habitual violator. The offender will be required to pay out of their own pocket for a mandatory substance abuse program, as well as the publication of their photo and address in the local newspaper.

What happens when you file a drunk driving accident claim? 

Filing a drunk driving claim with a Sandy Springs accident attorney is an important step in getting justice for your injuries. 

Many drunk driving accident victims experience life-changing injuries, including Traumatic Brain Injuries (TBIs), amputations, spinal cord injuries, permanent disability, scarring, and disfigurement. These injuries lead to significant medical expenses that may last a lifetime. 

The process and timeline for filing a drunk driving claim will be a little bit different for every plaintiff. A Sandy Springs drunk driving lawyer can help you understand exactly what to expect from your case, based on your unique circumstances. 

However, here is an overview of what will happen: 

1. You will let your insurance company know about the accident, and the insurer will reach out to the drunk driver’s insurer to start the claims process. 
2. It is a good idea to contact a drunk driving lawyer for a free consultation before you accept any settlement offer from the insurance company. 
3. Once you retain an attorney’s services, your lawyer can start investigating the accident, gathering evidence, compiling a list of damages, and building a strong case regarding fault. 
4. Upon filing a complaint, the defendant will have 30 days to respond. 
5. Next comes the discovery process, in which your lawyer and the defendant’s lawyer will exchange all information related to the case: depositions, evidence, recorded statements, witness testimonies, and any documents. 
6. Your attorney will represent you in all negotiations and mediation meetings with the defendant’s attorney. At The Scott Pryor Law Group, we never accept a settlement offer that is less than what you deserve! 
7. Most drunk driving cases are settled without having to go to trial. However, if negotiations don’t lead to a fair settlement, your attorney will fight for your rights to compensation before a judge or jury. 
8. Your attorney will support you throughout the trial process, which can be lengthy. Your drunk driving accident lawyer will do everything they can to ensure that you get the compensation you deserve. 

What kind of compensation is available after a drunk driving crash? 

The specific compensation you can receive after a drunk driving collision is dependent upon the details of the crash. Victims who suffer catastrophic injuries are more likely to receive a higher settlement or court award than those who suffer only minor injuries. That’s because the purpose of compensation is to make up for what you lost in the crash. 

At The Scott Pryor Law Group, we know that no amount of money will ever make up for the losses you have experienced because of a drunk driver’s careless, selfish actions. However, you shouldn’t have to suffer from financial burdens because of their behavior. 

Compensation for economic damages may include: 

• Medical bills
• Emergency medical care costs
• Lost wages from time off work
• Lost earning capacity if you cannot return to work 
• Therapy costs (physical, mental health, occupational, etc.)
• Replacement costs for damaged property
• Accessibility needs, including remodeling your home to be accessible
• Hospital stays
• Surgical costs
• In-home healthcare services
• Mobility aids (wheelchairs, crutches, scooters, walkers, etc)

Not all damages are financial. Your attorney can also argue for financial compensation for non-economic losses. These may include: 

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

In some cases, you may also be able to receive punitive damages. If a judge or jury finds that the defendant acted with gross negligence, they may be assigned punitive damages. These are designed to penalize and deter negligent behavior. 

Understanding the role of comparative fault in Georgia

Georgia follows the rule of modified comparative negligence, which is often shortened to “comparative fault” in legal discussions. This rule means that multiple parties can be held responsible for one accident. 

If you were partially responsible for your collision with the drunk driver, you could still sue for damages—if you were no more than 50% responsible for the accident. However, if you were more than 50% responsible for the accident, you aren’t able to sue for damages. 

If you share some responsibility but it is less than 50%, you can seek compensation but your total settlement or award will be reduced. For example, if you were 20% responsible for the accident because you were speeding, your total settlement or court award will be reduced by 20%.

Drunk drivers are almost always responsible for the accidents they cause. Still, their lawyer may try to argue that you bear more responsibility, in hopes of reducing their client’s culpability. Working with an experienced and knowledgeable drunk driving attorney will protect you from unfounded claims that you were responsible for the crash. 

Statute of Limitations in Georgia 

Georgia’s statute of limitations for personal injury cases is two years. That means that your claim must be filed within two years of the date of the accident. In some circumstances, you may be able to file a claim after two years have passed. 

Some of these exceptions:  

• 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 

What to do after a drunk driving accident 

After a drunk driving accident, it is normal to feel many different things. You may be in a lot of pain from your injuries, or you could have an adrenaline rush that masks any pain for a period of time. You might feel angry, devastated, or overwhelmed. 

To protect your rights, take the following steps after being struck by a drunk driver. That said, if you were not able to do these things, that doesn’t mean it is hopeless! An attorney can protect your rights and help you take the best next steps, no matter what happened in the aftermath of the accident. 

Take these steps to best protect your rights: 

• Safely move your car out of traffic, if possible
• Call 911 and wait for police to arrive
• Seek immediate medical attention
• Collect evidence, if you are able
• File a police report 
• Contact your insurance company, but do not agree to a settlement offer yet
• Contact a drunk driving accident attorney 

Contact The Scott Pryor Law Group for a free consultation

When you’re injured in a drunk driving accident, you may struggle to deal with uncooperative insurance companies while trying to recover. 

The Sandy Springs drunk driving accident lawyers at The Scott Pryor Law Group understand your personal situation and the trauma you’ve endured. You deserve support during this difficult time. 

We’ll handle the complex legal aspects of your case and advocate for your rights against insurance companies that resist paying fair compensation. While you focus on healing, we’ll pursue justice on your behalf! 

Contact us today for your free consultation. We’ll review your case, answer your questions, and help you take the next steps toward recovery from your losses.