Drunk drivers put everyone around them in harm’s way. In Georgia, you have the legal right to hold an impaired driver accountable if you or a loved one gets hurt in a drunk driving accident. You shouldn’t have to pay the price for their negligent choice.
Accident victims often struggle with painful injuries, expensive medical bills, and lost income after a drunk driving crash. Have you been hit by a drunk driver? An Atlanta drunk driving accident lawyer from Butler Kahn can help you seek compensation if you’re facing similar hardships.
Our highly selective law firm chooses cases with care, limiting our caseload so we can provide comprehensive and personalized legal services to every client. Our proven attorneys fight hard when insurance companies attempt to deny liability for a drunk driving crash, and we won’t hesitate to take your case to trial if we believe it’s the best way to the best possible outcome for you.
You’ve only got one shot at justice. Make it count. If you have been hit by a drunk driver in Atlanta, call or contact Butler Kahn today for a free consultation with a drunk driving accident lawyer in Atlanta.
Georgia law makes it illegal for someone to operate a motor vehicle if:
They are under the influence of alcohol, drugs, toxic vapor (such as glue or aerosol), or a combination of two or more substances to such an extent that it impacts their ability to drive safely.
Their blood alcohol concentration (BAC) is 0.08 grams or more at any time within three hours of driving.
There is any amount of marijuana or another controlled substance in their blood or urine.
Is Being Impaired by Drugs Classified as Drunk Driving?
Driving under the influence of drugs is also illegal under Georgia law. This includes marijuana, illicit drugs, and even some prescription drugs. Driving under the influence of drugs carries the same penalties as a drunk driving charge. An Atlanta drunk driver accident lawyer can help.
What Should You Do Immediately After a Drunk Driving Accident?
The priority after any traffic collision is your health. Check yourself and others for injuries first. Then take these steps:
Call the police – You should call 911 after any motor vehicle accident. This is particularly important if you believe the other driver is drunk. A police officer can evaluate the situation, interview the other driver, and administer a sobriety test if they have a reasonable suspicion that the driver is intoxicated.
Gather evidence at the scene – If the other driver is cooperative, get their name, contact information, and insurance information. Look for witnesses who saw the accident and get their contact details. Take photos and videos of the crash site, your injuries, and any visible physical evidence (e.g., open containers of alcohol, drug paraphernalia, etc.) Never go searching in the other driver’s car for proof.
Seek medical attention – If paramedics do not respond to the scene, seek medical attention as soon as possible. A drunk driving accident can cause serious injuries that may not be obvious immediately. A doctor needs to examine and treat your injuries. The physician will also add your injuries to your medical record, which is the foundation of your personal injury claim.
Hire an Atlanta drunk driving accident lawyer – An experienced drunk driving accident attorney will build your case and pursue maximum compensation from the negligent driver. That way, you can focus on healing from your injuries.
Who Can Be Held Liable for a Drunk Driving Accident?
Every driver is subject to Georgia traffic laws. Impaired driving is a violation of the law, just like distracted driving is. Anyone who causes a drunk driving accident may be held liable for any injuries resulting from the crash, including teenage drivers.
Occasionally, other entities may be liable for drunk driving accident injuries. Under Georgia law, a business that “willfully, knowingly, and unlawfully” sells or serves alcohol to someone who is already noticeably drunk can be liable if that driver subsequently causes an accident. Liable businesses could include a bar, restaurant, store, or nightclub. A person who knowingly provides alcohol to anyone under 21 could also be responsible for a drunk driving wreck.
What if Someone is Killed in a Drunk Driving Accident?
If a family member dies in a drunk driving accident, you could be able to sue the drunk driver for wrongful death in Georgia. This type of legal action allows you to hold the driver accountable and seek compensation for the full value of your loved one’s life, including:
Lost income and benefits
Lost companionship, advice, and care
Medical expenses incurred before their death
Funeral expenses
However, only certain parties may file a wrongful death lawsuit on behalf of the deceased victim. Eligible individuals include the decedents:
Surviving spouse
Parents
Administrator or executor of their estate
What Compensation is Available for a Drunk Driving Accident Claim?
If you were injured in an accident with a drunk driver, you could obtain compensation for a wide range of losses, such as:
Past, current, and future medical expenses
Lost wages
Loss of future earning capacity
Pain and suffering
Mental anguish
Loss of consortium
Loss of enjoyment of life
Permanent disfigurement or disability
In some cases, you could also be owed punitive damages. These damages punish at-fault drivers when their actions are especially egregious. There is no cap on punitive damages in drunk driving cases in Georgia. An Atlanta drunk driving accident attorney can help.
Is There a Deadline to File a Claim?
In Georgia, you have only two years from the date of the drunk driving accident to file a lawsuit against the at-fault driver, with few exceptions. If you miss the deadline, the court will likely dismiss your case. The sooner you consult with a drunk driving accident attorney, the stronger your case will be.
Contact an Atlanta Drunk Driving Accident Claim Lawyer
If you suffered injuries in a crash with an impaired driver, contact an Atlanta drunk driving accident attorney at Butler Kahn for a free consultation. We’re here to help you.
Frequently Asked Questions
Georgia law makes it illegal to drive with a blood alcohol concentration of 0.08% or higher within three hours of driving, or while impaired by alcohol, drugs, or toxic vapors to a degree that affects safe driving. Any detectable amount of marijuana or another controlled substance in a driver’s blood or urine can also support a DUI charge, regardless of whether it actually impaired their driving at the time.
Yes — Georgia treats driving under the influence of drugs the same as driving under the influence of alcohol, and that includes marijuana, illicit drugs, and certain prescription medications that impair a driver’s ability to operate a vehicle safely. The penalties for a drug-related DUI mirror those for alcohol-related DUI, and the same is generally true for how a civil injury claim against that driver plays out.
Check yourself and others for injuries first, then call 911 so police can respond, evaluate the scene, and administer a sobriety test if they suspect the other driver is impaired. Gather evidence while you’re able to — the other driver’s contact and insurance information, witness details, and photos of the scene, your injuries, and anything suggesting impairment like open containers — but avoid searching the other driver’s vehicle yourself.
The impaired driver bears primary responsibility, regardless of their age, but liability doesn’t always stop there. A bar, restaurant, or store that knowingly served alcohol to someone who was visibly intoxicated can also be held liable if that person later causes a crash, and the same applies to anyone who knowingly provided alcohol to a driver under 21.
Georgia allows certain family members — typically a surviving spouse, then children, then the estate’s administrator or executor — to file a wrongful death lawsuit against the drunk driver. That claim can recover the full value of the deceased’s life, including lost income and benefits, lost companionship and guidance, medical expenses incurred before death, and funeral costs.
Injured victims can pursue medical expenses (past, current, and future), lost wages and reduced future earning capacity, pain and suffering, mental anguish, loss of consortium, loss of enjoyment of life, and compensation for permanent disfigurement or disability. Punitive damages are also available in cases involving especially reckless conduct, and unlike most Georgia injury cases, there’s no cap on punitive damages when the at-fault driver was impaired.
>Georgia generally gives you two years from the date of the accident to file a lawsuit against the drunk driver, with few exceptions. Missing that deadline typically results in the case being dismissed regardless of how strong the underlying claim is, so consulting an attorney sooner rather than later gives your case the best chance to be built properly.
Potentially, yes — Georgia’s dram shop law allows a business to be held liable if it knowingly, willfully, and unlawfully served alcohol to someone who was already noticeably intoxicated, and that person went on to cause an accident. This type of claim can run alongside a claim against the driver themselves, though proving the establishment actually knew the person was visibly drunk tends to require its own separate evidence, like staff statements or surveillance footage.
If the impaired driver was working at the time of the crash — making a delivery, driving for their employer, or otherwise acting within the scope of their job — the employer may share liability for the accident under Georgia’s respondeat superior doctrine. That possibility is worth flagging to an attorney early, since a commercial insurance policy behind an employer can often provide significantly more coverage than an individual driver’s personal policy.
A criminal DUI conviction isn’t required to win a civil claim, but it can meaningfully strengthen one — it establishes that the driver was, in fact, impaired, which removes one of the key questions a civil case would otherwise need to prove from scratch. That said, a civil claim can still succeed even without a conviction, since civil cases use a lower burden of proof than criminal prosecutions.
Jeb ButlerState Bar: #116955
Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, a $3,973,260 settlement after a boating accident, and a $1,250,000 settlement in a pedestrian case, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn
