If you were injured in a drunk driving accident in Atlanta, you may have the right to pursue compensation for medical expenses, lost income, and the impact the crash has had on your daily life. Georgia law allows you to bring a civil claim against the impaired driver, separate from any criminal charges they may face.
Hasner Law has been representing injury victims across Georgia for years and handles DUI accident claims with a hands-on approach. If you have questions about your case or want to explore your options, contact Hasner Law today for a free consultation.
How Hasner Law Handles Drunk Driving Accident Cases in Atlanta
Hasner Law has been representing injured people across Georgia since 2008. The firm’s attorneys have more than 100 years of combined experience in personal injury and workers’ compensation law and have recovered over $100 million in compensation for clients.
What the Legal Team Does for Drunk Driving Accident Victims
Hasner Law takes a hands-on approach to every DUI-related crash case in Atlanta. The firm operates on a contingency fee basis, meaning you pay nothing upfront and owe no legal fees unless compensation is recovered for you.
With offices in Atlanta, Downtown Atlanta, Kennesaw, and Savannah, Hasner Law provides free consultations 24/7.
What Makes a Drunk Driving Accident Case Different From Other Car Accident Claims?
A drunk driving crash involves both criminal and civil legal tracks, and each operates independently. The state of Georgia prosecutes the impaired driver through the criminal system, while you, as the injured party, pursue compensation through a civil claim.
The Criminal and Civil Distinction
In a criminal case, the prosecutor must prove the driver’s guilt beyond a reasonable doubt. In a civil injury case, you must show that the driver was negligent and that their negligence caused your injuries by a preponderance of the evidence, a lower standard, meaning it is more likely true than not.
A DUI conviction strengthens a civil claim because it serves as strong evidence of negligence. However, even without a conviction, you may still pursue a civil case using police reports, witness statements, or toxicology results.
How Evidence of Impairment Supports Your Claim
Several types of evidence may help build a strong drunk driving accident case in Atlanta:
1. Police reports documenting signs of impairment such as slurred speech, failed field sobriety tests, or the smell of alcohol
2. BAC test results from breathalyzer or blood draws taken near the time of the accident
3. Surveillance footage from nearby businesses, traffic cameras, or dashcams
4. Testimony from witnesses who observed the driver’s behavior before or during the crash
5. Records from bars or restaurants showing the driver’s alcohol purchases before the accident
Each of these sources adds weight to the argument that the driver’s intoxication directly caused the collision and your injuries.
What Are Georgia’s BAC Limits and DUI Laws?
Under O.C.G.A. § 40-6-391, a person commits the offense of driving under the influence when alcohol or drugs make it less safe for them to operate a motor vehicle. Georgia law sets specific BAC thresholds based on the type of driver.
- 0.08% for drivers age 21 and older operating a standard passenger vehicle
- 0.04% for commercial motor vehicle operators
- 0.02% for drivers under the age of 21
A driver does not need to reach these thresholds to face DUI charges. Georgia also allows prosecution under the “less safe” standard, which means an officer’s observations of impaired behavior may be enough to support a charge, even with a lower BAC reading.
How DUI Penalties Increase With Repeat Offenses
The Georgia Governor’s Office of Highway Safety outlines the penalties for DUI convictions, which grow more severe with each offense within a ten-year lookback period:
- First offense carries up to one year in jail, fines between $300 and $1,000, 40 hours of community service, and a license suspension of up to one year
- Second offense within ten years carries a mandatory minimum of 72 hours in jail, fines between $600 and $1,000, at least 30 days of community service, and a license suspension of up to three years
- Third offense within ten years carries a mandatory minimum of 15 days in jail, fines between $1,000 and $5,000, at least 30 days of community service, and a license suspension of up to five years
A fourth offense within ten years is classified as a felony, carrying up to five years in prison. Courts may also order ignition interlock devices for second and subsequent offenses. These penalties reflect how seriously Georgia treats impaired driving, and they strengthen the civil case of anyone injured by a repeat offender.
What Types of Compensation Are Available After a Drunk Driving Crash in Atlanta?
The damages you seek in a drunk driving accident claim fall into two main categories, and in rare cases, a third category may apply.
Economic and Non-Economic Damages
Economic damages cover financial losses tied directly to the crash, such as medical bills, future treatment, lost wages, reduced earning capacity, and property damage. Non-economic damages address the personal toll, including pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages in Georgia DUI Accident Cases
Georgia law allows punitive damages in cases involving willful misconduct, malice, or fraud. Driving while intoxicated may meet this standard because the driver made a conscious decision to get behind the wheel while impaired.
Punitive damages serve to punish the at-fault driver and discourage similar conduct rather than compensate for specific losses. Georgia caps most punitive damage awards at $250,000, but in DUI-related cases the cap may not apply, giving the jury broader discretion in setting the amount.
How Does Georgia’s Comparative Fault Rule Affect a Drunk Driving Accident Claim?
Georgia follows a modified comparative fault system under O.C.G.A. § 51-12-33. This means the court assigns a percentage of fault to each party involved in the accident.
When Shared Fault Reduces or Eliminates Recovery
If you are found to be 50% or more at fault, Georgia law bars you from recovering any compensation. If your fault is below 50%, your total compensation is reduced by your percentage of fault.
Insurance companies for the drunk driver often try to shift blame onto you. They may argue that you were speeding, failed to yield, or were distracted.
Having an experienced Atlanta drunk driving accident attorney review your case helps counter these tactics.
What Steps Help Protect Your Claim After a DUI Accident in Atlanta?
After you have received medical attention and are safely away from the scene, several actions help preserve the strength of your case.
- Follow up with all recommended medical appointments and keep records of every visit, prescription, and out-of-pocket expense
- Request and save a copy of the police report, especially any notes about the other driver’s impairment or arrest
- Save all photos and videos from the scene, including damage to vehicles, road conditions, and any visible injuries
- Avoid posting about the accident on social media, as insurance adjusters routinely review these accounts for statements they may use against you
- Contact an Atlanta drunk driving accident attorney before speaking with the at-fault driver’s insurance company
Taking these steps early creates a paper trail that ties your injuries directly to the collision and makes it harder for the other side to dispute your claim.
How Long Do You Have to File a Drunk Driving Accident Lawsuit in Georgia?
Georgia’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit, as set by O.C.G.A. § 9-3-33. If you miss this deadline, you lose the right to pursue compensation through the court system, regardless of how strong your case might be.
We will demand fair compensation for the lost wages, property damage, pain, and medical expenses you have incurred. Contact us today to get started with your free case review.
Exceptions That May Extend the Filing Deadline
Some situations pause or toll the statute of limitations in Georgia. If the injured person was a minor at the time of the accident, the two-year clock does not begin running until they turn 18. If the at-fault driver leaves the state, the time spent outside Georgia may not count toward the deadline.
Claims involving a government entity have even shorter timelines, requiring an ante-litem notice within six months to one year depending on the type of agency. Working with a lawyer promptly helps make sure no filing window closes before you have a chance to act.
FAQs for Atlanta Drunk Driving Accident Attorneys
If the drunk driver faces criminal charges, do I still need to file a separate civil claim?
Yes. Criminal and civil cases are entirely separate legal proceedings that serve different purposes. A criminal case is brought by the state and focuses on punishing the offender through penalties such as jail time, probation, or fines paid to the government. A civil claim, by contrast, is initiated by you and is designed to recover financial compensation for your personal losses, including medical bills, lost income, property damage, and pain and suffering. Importantly, you do not need to wait for a criminal case to conclude, and a conviction is not required to pursue or win a civil injury claim.
What happens if the drunk driver did not have insurance?
You may still have meaningful options for recovering compensation. Many auto insurance policies include uninsured motorist (UM) coverage, which can apply when the at-fault driver does not carry liability insurance. In Georgia, insurance companies must offer UM coverage to policyholders, although drivers may choose to reject it in writing. Additionally, there may be other potential sources of recovery depending on the circumstances. Having an attorney review your policy and the facts of your case can help uncover all available avenues for compensation.
Is a bar or restaurant ever responsible for a drunk driving accident?
In some situations, yes. Georgia law provides for limited dram shop liability under O.C.G.A. § 51-1-40. A bar, restaurant, or other establishment may be held responsible if it knowingly serves alcohol to a person who is noticeably intoxicated and who the server knows will soon be driving.
If that individual then causes an accident, the business may share liability for resulting injuries. These claims are highly fact-specific and often require detailed evidence, so consulting with an attorney is essential to determine whether a third-party claim may be viable.
How much does it cost to hire an Atlanta drunk driving accident attorney?
Most personal injury law firms, including Hasner Law, handle these cases on a contingency fee basis. This means you are not required to pay any upfront fees or retainers. Instead, the attorney’s fee is a percentage of the compensation recovered in your case.
If no recovery is obtained, you generally owe nothing for legal services. This fee structure helps ensure that individuals can access experienced legal representation without taking on additional financial risk.
What if I was partially at fault for the accident?
Georgia follows a modified comparative fault rule, which allows injured parties to recover damages as long as they are less than 50% at fault for the accident. However, any compensation you receive will be reduced by your percentage of fault. Determining fault can be complex, so working with an attorney can help protect your right to maximum compensation.
Take Action With an Atlanta Drunk Driving Accident Attorney Today
A drunk driving accident causes more than physical injuries. It affects your income, your ability to care for your family, and your sense of safety on the road. The legal system gives you a path to hold the impaired driver accountable, but that path comes with deadlines and procedural requirements that are easy to miss without legal guidance.
Hasner Law is ready to review your case at no cost. Contact Hasner Law today for a free consultation and find out how our Atlanta drunk driving accident attorneys may help you take the next step.
Drunk Driving Accident Resources
What You Need to Know About Georgia’s DUI Laws and Penalties
DUI Driver Hits Atlanta Firetruck on I-85; Firefighters Safe, Traffic Resumes Following Incident
Additional DUI Resources
Georgia Transportation Data Reference Guide
Alcohol-Impaired Driving Fatalities in Georgia
Georgia Traffic Safety Facts2023, Preliminary Data
Areas We Serve in Atanta, GA
Midtown, Downtown, Buckhead ,Old Fourth Ward, Virginia-Highland, Inman Park, West End, East Atlanta Village, Little Five Points, Grant Park, Atlantic Station, Cabbagetown, Edgewood, Ormewood Park, West Midtown (Home Park), Paces / West Paces Ferry – Northside, Vinings, Buckhead Forest, Peachtree Heights, Peachtree Hills, Peachtree Park, Garden Hills, Chastain Park, Argonne Forest, Arden-Habersham, Brandon, Cross Creek , Kingswood, North Buckhead, Randall Mill, Ridgedale , Tuxedo Park