Being hit by a drunk driver in a drunk driving incident is a traumatic experience that can leave you with big injuries, big bills, and big stress. Navigating the aftermath of such an accident can be overwhelming when you’re dealing with medical bills, insurance claims, and legal mumbo jumbo. Knowing your rights and what to do is key to getting the compensation you deserve.
In this blog, we’ll cover everything you need to know after being hit by a drunk driver, including what to do immediately after the accident, your legal rights, the types of compensation you may be entitled to, and why you need an experienced Atlanta car accident lawyer on your side.
Georgia DUI Laws
Driving under the influence (DUI) is a big deal in Georgia and the consequences for the driver and the victim can be huge. Here’s an overview of the DUI laws in Georgia and how they apply to different situations. Drunk driving cases often highlight the severe legal implications and the critical role of personal injury lawyers in advocating for victims.
Blood Alcohol Content (BAC) Limits
Georgia law defines DUI by blood alcohol content (BAC) levels. For non-commercial drivers 21 and over the limit is 0.08% BAC. For drivers under 21, the limit is 0.02% BAC. For commercial drivers (including truck drivers) the limit is 0.04% BAC. Exceeding these limits will get you in big trouble.
Criminal vs. Civil
A DUI in Georgia triggers two separate legal processes: criminal and civil. Criminal cases punish the drunk driver, often with fines, jail time, and license suspension. But criminal cases don’t compensate the victims. For victims to get financial compensation for injuries or damages, a separate civil claim, known as a personal injury lawsuit, must be filed.
DUI Penalties
The penalties for a DUI in Georgia vary. First-time offenders may get fines, probation, and a suspended license. Repeat offenders or those involved in accidents that cause serious injury or death can be charged with a felony and face bigger fines and longer prison time.
What to Do Immediately After Being Hit by a Drunk Driver
After a drunk driver hits you, what you do immediately can make a big difference in your case. Here’s what to do.
Get Safe and Get Medical Help
The first priority after any accident is safety. Move yourself and others to a safe location if possible to avoid further injury. Even if you feel fine get medical help immediately. Injuries may not be apparent right away and medical documentation is key to any future claims.
Call the Police and File a Report
Always call the police after a drunk driving accident. The police will document the scene, assess the drunk driver, and do a breathalyzer if necessary. The police report will be key evidence in your case and help prove the other driver’s fault and level of intoxication.
Document the Accident
If you can, take photos of the scene, vehicle damage, and any visible injuries. Get witness information and note anything unusual about the drunk driver’s behavior. This evidence will support your claim and help during settlement talks.
Track Accident Expenses
Keep a record of all accident-related expenses: medical bills, vehicle repair costs, lost wages from missed work. Having a complete list of your financial losses will help your attorney determine a fair settlement and seek compensation for both economic and non-economic damages.
Contact a Personal Injury Lawyer
Dealing with the aftermath of a DUI accident is tough, especially when the insurance companies are breathing down your neck. Hire a personal injury lawyer and your rights will be protected and you’ll get the compensation you deserve.
What You’re Entitled to After Being Hit by a Drunk Driver
If you’ve been involved in drunk driving accidents, you’re entitled to various forms of compensation for your losses. This compensation falls into three main categories: economic, non-economic, and punitive damages.
Economic Damages
Car crashes, particularly those involving drunk driving, can lead to economic damages, which are measurable financial losses from the accident. This includes medical expenses both past and future: hospital bills, rehabilitation costs, and any ongoing medical treatment. You can also claim lost wages if you were unable to work due to your injuries and the cost to repair or replace your damaged vehicle.
Non-Economic Damages
Non-economic damages cover the intangible effects of the accident on your life. These damages compensate you for pain and suffering, emotional distress, and the loss of enjoyment of life from your injuries. These damages are harder to quantify but just as important in recognizing the long-term effects of the accident.
Punitive Damages
In DUI cases punitive damages may also be awarded. These damages are not to compensate the victim but to punish the drunk driver for their reckless behavior and to deter similar behavior in the future. Punitive damages can add up to a big chunk of the total compensation in a DUI case.
DUI Accident Settlements in Georgia
Settlements for DUI accidents in Georgia can vary greatly depending on the severity of the injuries and the circumstances of the accident. Below is a breakdown of average settlement ranges for different types of DUI accidents.
Minor Injuries
For minor injuries (whiplash/soft tissue) settlements are usually $20,000 to $50,000. These are rear-end collisions where medical bills and lost wages are low and recovery is quick.
Moderate Injuries
For moderate injuries (fractures/surgery) settlements are usually $50,000 to $100,000. These are side impacts or head-on collisions where the impact is more severe and medical bills and recovery time is longer.
Severe Injuries and Fatalities
Severe injury cases (traumatic brain injury, spinal cord injury, fatalities) result in much higher settlements. Amounts can range from $200,000 to several million dollars depending on the long-term impact on the victim’s life, future medical needs, and lost earning capacity. In wrongful death cases, settlements can exceed $1 million especially when punitive damages are awarded.
Why You Need a Personal Injury Lawyer After Being Hit by a Drunk Driver
Having a personal injury lawyer after being hit by a drunk driver is important to make sure your rights are protected and you get fair compensation. Here’s why legal representation is key in these cases.
Navigating the Legal Maze
DUI accident cases involve both criminal and civil aspects. A personal injury lawyer will guide you through the civil process, filing claims and paperwork while you focus on recovery. They will make sure you meet all deadlines and avoid common mistakes that can hurt your case.
Dealing with Insurance Companies
Insurance companies will try to pay out as little as possible to protect their bottom line. A lawyer knows how an insurance company works and will negotiate on your behalf so you don’t accept a lowball offer. They will fight to get you the most compensation for your injuries and losses.
Proving Liability and Damages
Proving the drunk driver’s liability and the full extent of your damages requires expertise. A personal injury lawyer will gather critical evidence such as police reports, witness statements, and medical records to build your case. They will also calculate economic and non-economic damages to make sure all your losses are included in the demand.
Maximize Compensation
Without an experienced personal injury attorney, you may not know the full value of your claim. A lawyer will make sure you get paid for all damages; medical bills, lost wages, pain and suffering, and punitive damages. Their goal is to get you a settlement or verdict that matches the accident’s impact on your life.
Consult With an Experienced Atlanta Car Accident Attorney Today!
If you’ve been hit by a drunk driver, don’t navigate the aftermath alone. Our team at GMV Law Group is here to help you every step of the way. We have the experience and dedication needed to fight for the compensation you deserve.
Contact us at 404-975-4878 for a free case review today!