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.
When is Someone Considered to Be a Drunk Driver?
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
- 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.