December is National Drunk Driving Prevention Month, a reminder of the devastating impact impaired driving has on our communities. Drunk driving accidents not only claim lives but also leave victims struggling with injuries, financial losses, and complicated legal questions.
If you or a loved one has been injured in a DUI accident in Atlanta, you likely have questions. Does insurance cover DUI accidents? What happens if the at-fault driver is uninsured? This blog answers these and other common questions to help you understand your rights and options after a DUI accident.
What Does Georgia Law Say About DUI Accidents and Victim Compensation?
Drunk driving accidents are a persistent issue in Georgia, contributing to 33% of all traffic fatalities in recent years. These crashes often result in devastating injuries, significant property damage, and lives lost too soon.
Under O.C.G.A. § 40-6-391, driving under the influence of alcohol or drugs is a criminal offense, carrying harsh penalties for the impaired driver. However, the legal consequences for the at-fault driver don’t resolve the financial and emotional toll on victims.
Georgia is an at-fault state, meaning the driver responsible for causing the accident is also financially liable for damages. The law supports victims’ rights to seek compensation for their injuries and losses, whether through the driver’s insurance policy or a civil lawsuit.
While Georgia’s legal framework is designed to hold at-fault drivers accountable, victims often face hurdles when pursuing claims. Insurance companies may dispute the severity of damages or argue against liability, leaving victims to navigate a complex claims process. Despite these challenges, the law provides victims with pathways to pursue justice and recover damages.
Does the At-Fault Driver’s Insurance Cover DUI Accidents?
Typically, an at-fault driver’s liability insurance should cover damages they caused, even if they were intoxicated. Liability insurance in Georgia is required to cover:
- Bodily injury: Medical expenses, lost wages, and pain and suffering for the injured party
- Property damage: Repairs or replacement costs for the other party’s vehicle or other damaged property
However, some insurance companies include “intentional acts” exclusions in their policies, arguing that driving drunk is an intentional decision. When an insurer denies coverage based on intentional acts, victims may need to file a lawsuit to pursue compensation directly from the driver’s personal assets. This can be a lengthy and complex process, but Georgia’s courts often side with victims in DUI cases because of the reckless nature of impaired driving.
What If You’re Hit by an Uninsured or Underinsured Drunk Driver?
If you’re hit by a drunk driver and they don’t have enough insurance—or any insurance at all—you may need to rely on your own policy. Georgia requires insurers to offer Uninsured/Underinsured Motorist (UM/UIM) coverage, although it’s not mandatory for drivers to carry it.
If you have UM/UIM coverage, it can help pay for:
- Medical expenses
- Lost wages
- Property damage
Without UM/UIM coverage, you could face out-of-pocket expenses for medical bills and car repairs, even though you were not at fault. Reviewing your policy in advance can provide peace of mind, knowing you’re prepared for unexpected situations.
Can You Sue a Drunk Driver for Damages?
Filing a personal injury lawsuit against the drunk driver is another option for recovering damages. In DUI cases, punitive damages often come into play.
In DUI cases, courts may award punitive damages to send a strong message about the dangers of drunk driving. These damages can exceed compensatory amounts and provide additional relief to victims. While most cases in Georgia cap punitive damages at $250,000, DUI-related claims are an exception, allowing for higher amounts to deter reckless behavior.
What About Dram Shop Liability?
Georgia law also permits victims of DUI accidents to pursue claims against establishments that overserved the intoxicated driver. Under O.C.G.A. § 51-1-40, you may hold a bar, restaurant, or social host liable if:
- They knowingly served alcohol to someone underage or visibly intoxicated.
- That person caused the DUI accident.
To pursue a dram shop claim, you’ll need evidence showing the establishment overserved the driver. Witness statements, surveillance footage, and receipts can all support your case.
As we observe National Drunk Driving Prevention Month, it’s a reminder of the preventable tragedies caused by impaired driving. Drunk driving accidents leave physical, emotional, and financial scars on victims and their families. Whether you’re dealing with an uninsured driver, pursuing a dram shop claim, or facing insurance challenges, you have options for seeking justice and financial recovery. By taking action, you not only protect your own rights but also contribute to a broader effort to make Atlanta’s roads safer for everyone.
Take the Next Step Toward Justice After a DUI Accident
A DUI accident can leave you facing unexpected challenges, from mounting medical bills to difficult conversations with insurance companies. These cases often involve unique legal hurdles, and knowing how to proceed can feel overwhelming.
At Greathouse Trial Law, our DUI accident attorneys take action to hold drunk drivers accountable and pursue the compensation you need. We gather evidence, deal with insurance companies, and explore all potential sources of recovery, including dram shop claims.
Act quickly to avoid losing evidence or missing legal deadlines. If you’ve been searching online for “injury attorneys near me,” call Greathouse Trial Law today at (678) 310-2827 or fill out our confidential online form to schedule your FREE consultation. We will review your case, explain your options, and help you move forward with confidence. Take control of your recovery while we handle the legal process.
Copyright © 2024. Greathouse Trial Law, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Greathouse Trial Law, LLC
100 Galleria Parkway, Suite 1460
Atlanta, GA 30339
(678) 310-2827
https://atltriallaw.com/
