Hit By A Drunk Driver in Georgia: Your Next Steps

Drunk driving remains a serious safety hazard in our state. The Georgia Governor’s Office of Highway Safety reports that 507 people were killed in alcohol impairment crashes in the state in 2022 alone. Many thousands more suffered major injuries. For reference, intoxicated driving is a factor in nearly one-third of fatal car wrecks in our state.

If you were hit by a drunk driver, it is imperative that you know what to do to get justice and compensation. At The Larrison Law Firm, we are committed to advocating for justice and the maximum compensation for victims.

Steps to Take After Being Hit By A Drunk Driver in Athens

Stay at the Scene and Report the Crash to the Police

Stop your vehicle and remain at the scene of the crash—unless you have a serious medical emergency. All injury crashes in Georgia should be reported to law enforcement, such as the Athens-Clarke County Police Department. It is especially important to report your crash if you suspect that the other driver was intoxicated. You should also try to exchange information with them at the scene of the crash. However, if they are belligerent and you do not feel safe, make sure that you call law enforcement to secure the scene.

See a Doctor Right Away for Any Physical Injuries

If you were hit by a suspected drunk driver and you have any type of physical injury, it is crucial that you see a doctor right away. All injuries should be assessed by a medical professional. It is not uncommon for whiplash, Concussions, and other DUI crash injuries to arise with a delayed onset. Be sure to secure a copy of your medical records and reports that detail your injuries. Your medical documentation will be key for your personal injury claim. Without it, you will not be able to recover the full and fair financial compensation that you deserve.

Document the Accident and Your Injuries

You should proactively document the DUI accident, including the scene, your vehicle damage, and your injuries. Evidence can make the difference in any type of motor vehicle accident claim in Georgia. Use your phone or camera to take photographs of the accident scene. You should also

gather names and contact details of any witnesses present at the scene. If you have any other documentation related to the crash—from the police report to medical bills—save it.

Consult With an Attorney Before Giving a Statement to the Insurance Company

After being hit by a drunk driver in Athens, you should contact a local attorney who has experience handling the complexities of DUI accident cases. It is best to do this before giving a recorded statement to any insurance adjuster. The reality is that the big insurance companies are not on your side. They use a wide array of tactics and strategies to try to reduce their liability—and that would mean a lower settlement offer for you. An Athens DUI accident lawyer will protect your rights.

A Civil Claim is Separate from Any Criminal Case

Drunk driving is a criminal offense. It is typically a misdemeanor—though an intoxicated driver may face felony charges in certain circumstances, such as if they caused a serious bodily injury in a crash.

The drunk driver who hit you should go through the criminal justice system. At the same time, DUI accident victims in Athens-Clarke County and elsewhere in Georgia also have the right to pursue a civil claim to seek compensation for their damages. Notably, your civil DUI injury claim is a separate case. It is brought independently of any criminal proceedings against the DUI driver.

With that being said, the evidence from a criminal case—such as an arrest, a guilty plea, a conviction, or specific issues raised in court—can be used in your civil DUI accident claim as well.

Notably, civil claims require proving the driver’s negligence and the extent of your damages—not their criminal culpability. As such, a drunk driver could have their charges dismissed or even be found not guilty in criminal court yet still be held liable in a civil court for your injuries. It is a separate case with different issues at stake and different legal standards. In a civil DUI accident claim, you need to prove negligence through a preponderance of evidence (more likely than not standard) instead of criminal liability beyond a reasonable doubt.

Drunk Driving is Negligent Driving in Georgia

Georgia is a fault-based motor vehicle crash state. The driver—or any other party—who causes a crash through negligence can be held liable for the resulting damages. Fault is based on negligence—which is the failure to take reasonable care. Driving under the influence (DUI) is inherently considered negligent in Georgia. It is a violation of the law. A DUI is negligence without any additional evidence of poor driving, such as speeding, an unsafe lane change, or running a stop sign. Proving that the driver who hit you was intoxicated is sufficient to prove liability. Still, it is not uncommon for intoxicated drivers—and their insurers—to try to challenge fault. Your case should be carefully investigated by a lawyer. You need evidence to prove liability so that you can get justice and the maximum financial compensation.

Injured by a Drunk Driver in Georgia? You Need Full and Fair Compensation

Hit by a drunk driver in Athens, Clarke County, or elsewhere in Georgia? You have the right to see compensation for the full value of your damages, including non-economic losses. Do not trust insurance companies to look out for your best interests after a DUI crash.

Through a DUI accident claim, you may be able to recover compensation for:

Property loss, such as vehicle repairs;
Emergency medical services;
Hospital bills and other medical costs;
Medications and medical equipment;
Physical therapy and other rehabilitative care;
Loss of wages and diminished earning potential;
Pain and suffering;
Long-term disability;
Physical impairment; and
Wrongful death of a family member in a DUI crash.

Punitive damages can be awarded in DUI accident claims in Georgia. While these damages are generally not recoverable in motor vehicle accident claims, drunk driving is an aggravating circumstance that may constitute gross negligence. Our Athens drunk driving accident lawyer helps injured victims seek compensation for all available damages, including punitive compensation.

Why Depend On Our Athens DUI Accident Attorney

DUI accident claims are challenging. As an experienced personal injury attorney dedicated to justice, Brady M. Larrison invests time, resources, and attention into every case. With a proven record of case results, we are proactive. When you reach out to our Athens law office, you will have a chance to connect with a Georgia DUI accident lawyer who can:

Hear your story and answer your legal questions;
Investigate your DUI crash—gathering relevant evidence;
Connect you with the right doctors and document your damages;
Take care of legal paperwork and settlement negotiations with insurers; and
Develop an aggressive strategy to fight for justice and the maximum compensation.

Contact Our Athens, GA DUI Accident Attorney Today

At The Larrison Law Firm, our Athens DUI accident lawyer as the professional expertise that you can trust. Hit by a drunk driver? We are more than ready to help. Give us a phone call now or contact us online for a no-cost, no-obligation case evaluation. From our law office in Athens, we fight for the rights of DUI accident victims throughout the surrounding area.