Table of Contents
Key Takeaways
- If a drunk driver hits you in Georgia, get to safety, call 911, and seek medical care.
- A police response helps officers record signs of the driver’s impairment at the scene.
- More than the driver may be responsible, including a bar or store that overserved.
- Because the driver was impaired, Georgia does not cap the punitive damages a jury may award.
- You generally have two years to file an injury claim, so acting early protects your rights.
The moments after a drunk driver hits you do not feel like the start of a legal claim. You are shaken, maybe hurt, and the next steps are not obvious. A drunk driving crash in Georgia raises questions an ordinary collision does not, both for the person who was injured and for the family member trying to help them through it.
What you do in the next few hours can shape both your recovery and any claim you bring later. The driver may downplay how much they had to drink or dispute the result of any test. An insurer may move quickly with an early offer, and that offer may not reflect what the crash will cost you over time.
We focus our practice on injury claims for Georgia drivers and passengers, and impaired-driving crashes are part of that work. These cases run differently from an ordinary collision because the driver broke the law in a way that can open additional sources of responsibility and additional kinds of compensation. We know how to build that kind of claim, from preserving what happened at the scene to identifying every party who may share fault.
What to Do at the Scene After a Drunk Driving Crash
Right after a crash, it is hard to think clearly, so it can help to have a short list of steps to fall back on. If you are able to move and it is safe to do so, the steps below protect both your health and any claim that follows.
- Get to safety and check yourself and your passengers for injuries.
- Call 911, and ask for both police and medical help.
- Let officers document the scene and the other driver’s condition. A police response helps here, because officers can record signs of impairment that may be hard to prove later.
- Accept a medical evaluation even if you feel fine. Some injuries take hours or days to show.
- Photograph the vehicles, the road, and anything that shows how the crash happened.
- Get the names and contact details of any witnesses.
- Exchange information with the other driver, and try to avoid discussing fault at the scene.
- Contact a lawyer before speaking with the other insurance company.
If you are too hurt to do any of this, that is understandable, and it does not sink your claim. Focus on getting medical help first, and a lawyer can help reconstruct the rest later.
Who Can Be Held Responsible for a Drunk Driving Accident in Georgia
The impaired driver is the primary party responsible for a drunk driving crash in Georgia, but they may not be the only one. Under Georgia’s dram shop rule, a business that served alcohol to someone who was already visibly drunk or to a person under 21 can share responsibility if it knew that person was about to drive and they then caused a crash. That can give you more than one source of recovery beyond the driver’s own insurance.
The parties who may share responsibility include:
- The impaired driver. This is the person who caused the crash and the first source of a claim.
- A bar, restaurant, or store that overserved. A business that knowingly served alcohol to a visibly intoxicated person, or to someone under 21, may share responsibility if it knew that person was about to drive.
- An employer or vehicle owner, in some cases. Responsibility can reach further if the driver was on the job or driving a vehicle that belonged to someone else.
Identifying every responsible party early can expand what you are able to recover, because each one may be a separate source of compensation for your losses.
How a Drunk Driving Claim Differs from an Ordinary Car Accident Claim in Georgia
A drunk driving claim in Georgia differs from an ordinary car accident claim in two important ways. First, the same crash can lead to two separate cases. The state may bring a criminal case against the driver for driving under the influence, and you can bring your own civil claim for compensation. The two are independent. A criminal conviction is not required for you to recover, and the criminal case does not pay your medical bills or lost income.
Second, the punitive damages rule changes. In most Georgia injury cases, the law limits punitive damages to $250,000. That limit does not apply when the driver was impaired, so a jury may award punitive damages above that amount in an impaired-driving case. Punitive damages are meant to punish the driver for the choice to drive drunk. They are separate from the compensation that covers your medical bills, lost income, and pain and suffering, which is not capped this way.
Depending on the crash, the compensation you may pursue includes the following:
- Economic damages, such as medical bills, future care, and lost income.
- Non-economic damages, such as pain and suffering.
- Punitive damages, in impaired-driving cases, are meant to punish the driver rather than to repay a loss.
Because an impaired-driving claim can move on two tracks and involve more than one responsible party, it can help to think early about whether to bring a lawyer into your case.
How Long You Have to File a Drunk Driving Claim in Georgia
In Georgia, you generally have two years from the date of the crash to file a claim for your injuries. That window is firm. If it closes before you act, the court will most likely refuse to hear the case, no matter how clear the other driver’s fault was.
Claims for vehicle damage usually have a longer window than injury claims. A few narrow situations can change the injury deadline, such as a victim who was a minor at the time or an at-fault driver who leaves the state. Those exceptions are limited, so the safer approach is to treat the two-year window as the rule. Waiting can also cost you evidence, because vehicles get repaired, cameras record over footage, and memories fade. Acting early protects the evidence and keeps your options open.
Frequently Asked Questions About Drunk Driving Accidents in Georgia
What Should I Do First If a Drunk Driver Hits Me?
Get yourself and your passengers to safety, then call 911 and ask for police and medical help. A police response helps, because officers can record signs that the driver was impaired. Once you are safe, photograph the scene and collect contact details from any witnesses before you leave.
Can I Get Compensation If I Was Hit by a Drunk Driver?
Yes. If a drunk driver caused your crash, you can pursue compensation for being hit by a drunk driver, including medical bills, lost income, and pain and suffering. Because the driver was impaired, a jury may also award punitive damages, which are not available in most ordinary car accident claims.
Can I Sue a Bar That Served the Drunk Driver in Georgia?
Sometimes. Under Georgia’s dram shop rule, a bar, restaurant, or store may share responsibility if it knowingly served someone who was visibly intoxicated or who was under 21 and knew that person was about to drive. Whether it applies depends on the facts, so service records and witness accounts matter.
What If the Drunk Driver Who Hit Me Did Not Have Enough Insurance?
You may still have options. If the at-fault driver had no insurance or too little, your own uninsured or underinsured motorist coverage may help pay for your injuries. A dram shop claim against a business that overserved can also add a source of recovery beyond the driver’s policy.
How Long Do I Have to File a Claim After a Drunk Driving Accident in Georgia?
Generally two years from the date of the crash for an injury claim. Claims for vehicle damage usually have a longer window. A few narrow exceptions can change the injury deadline, but they are limited, so treat two years as the deadline and act well before it.
Protect Your Claim After Being Hit by a Drunk Driver in Georgia
After a drunk driving crash, the days that follow can feel like a blur of calls, bills, and decisions you did not expect to face. The other side often does not wait, and the evidence that supports your claim can fade fast.
We help injured drivers and their families across Henry County, DeKalb County, Clayton County, Bibb County, and Richmond County hold impaired drivers responsible and pursue the compensation available to them. We offer free consultations and a free case evaluation, and you pay no attorney fees unless we recover compensation. Acting early gives us more time to preserve evidence while you focus on recovery.
Call us at 404-595-1991 or reach out through our contact form to get started.
Written By Tracy Udunka-Dennis
Attorney Tracy Udunka-Dennis, a lifelong Georgia resident raised in a hardworking Nigerian household, was inspired by her parents’ dedication to education and perseverance. After earning her law degree from Atlanta’s John Marshall Law School and gaining experience at several firms, she founded The TD Injury Firm to advocate for injury victims and hold negligent parties accountable.
