Accidents caused by drunk drivers are a significant concern in Georgia, especially during festive times like the fall, when people often attend parties and social gatherings. These types of accidents can leave lasting impacts on victims, leading to severe injuries, emotional distress, and financial burdens. If you find yourself in the unfortunate situation of being hit by a drunk driver, understanding who is responsible for paying for your damages and when you might be eligible for punitive damages is crucial.
Who Is Responsible for Paying After a Drunk Driving Accident in Georgia 
When a drunk driver causes an accident, the responsible party is typically the driver themselves. If the drunk driver is found to be at fault for the crash, their insurance should cover the costs associated with the accident, including medical bills, lost wages, and property damage. However, it’s important to understand that insurance companies may attempt to minimize the amount they pay out. They may try to settle for a lower amount than what is fair or delay processing claims altogether.
In Georgia, the at-fault driver’s insurance is generally expected to pay for the damages. However, if the driver is uninsured or underinsured, the victim may be left without proper coverage for their losses. In such cases, it’s essential to have uninsured or underinsured motorist coverage on your own insurance policy, as this coverage can help pay for medical expenses, lost wages, and other damages that arise when the at-fault driver lacks sufficient coverage.
The Role of Georgia’s Comparative Fault Rule in Drunk Driving Accidents
Georgia follows a comparative fault rule when determining the liability in accidents. This means that even if you share some responsibility for the accident, you can still recover compensation, although the amount of compensation may be reduced according to your degree of fault. For example, if the court determines that you were 20% at fault for the accident, your compensation will be reduced by 20%.
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In a drunk driving case, this rule typically doesn’t have a significant impact, as the drunk driver’s actions are often considered the primary cause of the accident. However, if there are other contributing factors—such as you being partially distracted or not following traffic laws—it is important to consult with an attorney who can help navigate these complex issues.
What Happens When the Drunk Driver Doesn’t Have Insurance or Is Underinsured
If the drunk driver involved in your accident does not have insurance or if their coverage is insufficient, you may still have options for pursuing compensation. In Georgia, drivers can purchase uninsured or underinsured motorist (UM/UIM) coverage. This type of coverage will help pay for your medical bills, lost wages, and other expenses that the at-fault driver’s insurance would have covered if they had adequate coverage.
If you are in a situation where the drunk driver lacks insurance, your UM/UIM coverage will serve as your primary source of compensation. It is critical to understand your own insurance policy and ensure that you have UM/UIM coverage before an accident occurs. If you are unsure about the specifics of your policy, reviewing it with an insurance agent or an attorney can give you peace of mind.
Seeking Compensation Beyond Medical Bills in Georgia Drunk Driving Accidents
Drunk driving accidents in Georgia can cause significant physical, emotional, and financial damages. Beyond the immediate medical expenses, victims may face long-term consequences such as ongoing medical treatments, therapy, or even permanent disability. In Georgia, you are not limited to recovering only medical bills after an accident. You can also pursue compensation for lost wages, pain and suffering, emotional distress, and other damages that result from the accident.
To fully understand the scope of what you are entitled to, it’s important to consult with an experienced personal injury attorney. They can assess your case and help you determine the damages you can claim, ensuring that you do not miss out on compensation for all the ways the accident has impacted your life.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
When You May Be Eligible for Punitive Damages in Georgia
Punitive damages are a type of compensation that goes beyond covering medical bills and other direct damages. In Georgia, punitive damages are awarded when the defendant’s actions were deemed grossly negligent or malicious. These damages are meant to punish the defendant for their reckless behavior and serve as a deterrent for others who may consider similar actions.
In drunk driving cases, you may be eligible for punitive damages if the driver’s behavior was particularly reckless. For instance, if the driver was intoxicated far beyond the legal limit, had a history of drunk driving offenses, or was acting in a manner that showed a blatant disregard for the safety of others, a judge may award punitive damages in addition to the standard compensation.
It’s important to note that pursuing punitive damages in Georgia requires proving that the driver’s actions were beyond simple negligence. This is not an automatic part of every case, so it’s critical to have a lawyer who understands the nuances of Georgia’s law on punitive damages and can help determine whether they are a possibility in your case.
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Steps to Take After Being Hit by a Drunk Driver in Georgia
If you are hit by a drunk driver after attending a fall party or during any other time in Georgia, it’s crucial to take the following steps to protect your rights:
Seek Medical Attention Immediately
Even if you do not feel immediately injured, it is essential to seek medical attention after an accident. Many injuries, such as internal injuries, whiplash, or concussions, may not be immediately apparent. Prompt medical treatment can help prevent further damage and ensure that you receive proper care. Additionally, medical records are an important piece of evidence when filing an injury claim.
Contact an Experienced Personal Injury Lawyer
An attorney who specializes in personal injury and drunk driving cases can guide you through the legal process. Your lawyer will help gather evidence, negotiate with insurance companies, and pursue the maximum compensation for your injuries. If punitive damages are an option, your lawyer will assist you in determining whether to seek these additional damages based on the circumstances of your case.
Gather Evidence from the Scene
If possible, collect as much evidence as you can from the scene of the accident. Take photos of the damage to your vehicle, any visible injuries, and the surroundings. Obtain the names and contact information of any witnesses who may have seen the accident take place. Also, be sure to get a copy of the police report, as this will be essential for your case.
How Princenthal, May & Wilson LLC Can Help
If you or a loved one has been involved in a drunk driving accident in Georgia, the experienced attorneys at Princenthal, May & Wilson LLC are here to help. We understand the challenges that victims face after such accidents, and we are committed to fighting for your rights. Our team will work tirelessly to ensure that you receive the compensation you deserve, including pursuing punitive damages if appropriate.
Contact Princenthal, May & Wilson LLC today for a free consultation. Let us help you understand your options and guide you through the process of recovering compensation after a drunk driving accident.