Drunk Driving Accident Lawyers in Atlanta

Your civil case is separate from the criminal case

When a drunk driver is arrested, the state prosecutes them under Georgia's DUI law, O.C.G.A. Section 40-6-391, but that criminal case is about punishing the driver, not compensating you. Your right to recover for medical bills, lost income, and pain is a separate civil claim that you control. A criminal conviction can strengthen your civil case, but you do not have to wait for it, and you should not assume it will pay for anything you have lost.

The bar or restaurant may share responsibility

Georgia's dram shop law, O.C.G.A. Section 51-1-40, can make a bar, restaurant, or other provider liable when it knowingly serves alcohol to a person who is noticeably intoxicated and who it knows will soon be driving. In a nightlife-heavy area like Atlanta, that is a real avenue, and it often matters, because a business carries insurance the individual drunk driver may not. We investigate where the driver was drinking and how they were served before the crash.

Punitive damages carry real weight in a DUI case

Because driving drunk is treated as a conscious disregard for the safety of others, Georgia allows punitive damages in these cases under O.C.G.A. Section 51-12-5.1, and the usual cap on those damages does not apply when the person was under the influence of alcohol or drugs. That exposure changes how the driver's insurer evaluates the claim and is one of the strongest points of leverage a DUI victim has.

What a drunk driving victim can recover

The recovery includes your economic losses, the emergency and ongoing medical care and the wages you lose, and your non-economic losses, the physical pain and the lasting effect on your life, on top of any punitive damages meant to punish the choice to drive impaired. Where the crash caused a death, Georgia's wrongful death law allows the family to pursue the full value of the life that was lost.

Georgia's deadline still applies, so act early

Georgia's two-year filing deadline under O.C.G.A. Section 9-3-33 applies to a drunk driving injury claim the same as any crash, and the dram shop investigation adds its own urgency, because a bar's receipts, server records, and camera footage are kept only briefly. Starting early protects both the driver claim and any claim against the establishment.

When the drunk driver blames you

Even in a DUI case, insurers try to shift some fault onto the victim under Georgia's apportionment rule, O.C.G.A. Section 51-12-33, because a person found fifty percent or more at fault recovers nothing. We shut that down with the police investigation, the chemical-test results, and the physical evidence that show the impaired driver caused the crash.

Serving victims of impaired drivers across metro Atlanta

Our Atlanta office at 34 Peachtree St NW handles drunk driving injury and wrongful death claims across Fulton, DeKalb, Cobb, Gwinnett, Cherokee, Clayton, Forsyth, Douglas, and Henry counties, and in the communities from Buckhead and Midtown to Sandy Springs, Decatur, and Marietta where a late-night impaired driver can upend a family's life.

Talk to an Atlanta drunk driving accident lawyer

If an impaired driver hurt you or took someone from your family, we are ready to pursue everyone responsible. Call (678) 293-9307 to discuss your case at no cost, or message us through our contact page. Our fee comes only out of what we recover, and only if we win.

Speak with a Atlanta drunk driving accident attorney

Common questions

The drunk driver is already being prosecuted. Do I still need my own case?

Yes. The criminal case can punish the driver but does not compensate you for your injuries, lost income, or pain. Those are recovered only through a separate civil claim that you bring, and it moves on its own timeline regardless of what happens in criminal court.

Can the bar that over-served the driver be held responsible?

Possibly. Under Georgia's dram shop law, a business can be liable if it knowingly served someone who was noticeably intoxicated and would soon be driving. We investigate where and how the driver was served, and a business often has coverage that makes a real difference to your recovery.

Are punitive damages available in a Georgia drunk driving case?

Often, yes. Georgia allows punitive damages for the conscious disregard drunk driving represents, and the normal cap on those damages does not apply when the driver was impaired, which can significantly increase the value of a claim.