Atlanta drunk driving accident lawyer

A crash with a drunk driver isn't an ordinary accident. Someone chose to drive impaired, and now you're dealing with injuries, police, prosecutors and insurance adjusters all at once. Georgia law gives you rights here that many people never hear about.

As an Atlanta drunk driving accident lawyer, Gary Huggins represents people hurt by impaired drivers. His firm, Huggins Accident Injury Lawyer, is in Perimeter Center near I-285 and GA-400.

This page explains how the criminal case and your injury claim fit together, when punitive damages have no cap, when a bar or host can share the blame, and which deadlines apply. Call (240) 421-5511 any time; the line is answered around the clock.

What to do after a crash with a drunk driver

• Call 911 and tell the dispatcher you think the driver is impaired. The body processes alcohol over time, so breath and blood tests are most useful when police arrive fast.
• Keep your distance from the other driver and let officers handle them.
• Tell officers what you noticed: the smell of alcohol, slurred speech, stumbling, open containers.
• Get witnesses' names, especially anyone who saw the driving before the crash.
• Write down where the driver says they were drinking. Bar receipts and video can be recorded over quickly.
• Get medical care, even if you feel fine.
• Hold off on the driver's insurer. You don't have to give a recorded statement.

The criminal case and your injury claim are separate

When police suspect DUI, the State brings the criminal case. Under O.C.G.A. § 40-6-391, a driver can be guilty of DUI for being under the influence of alcohol to the extent it is less safe to drive, or for having an alcohol concentration of 0.08 or more within three hours of driving (0.02 for drivers under 21 and 0.04 for commercial drivers). So a driver below 0.08 can still face a DUI charge if alcohol made them a less safe driver.

If the crash caused certain serious injuries, such as the loss or loss of use of a body part, serious disfigurement or some brain injuries, the charge can be serious injury by vehicle, a felony (O.C.G.A. § 40-6-394). A fatal DUI crash can be prosecuted as homicide by vehicle.

You are not a party to that case. The prosecutor represents the State and decides what to charge and whether to offer a plea deal. Your injury claim belongs to you, and you decide whether to settle it.

Your injury claim does not depend on a DUI conviction. It can move forward even if the criminal case drags on, ends in a plea to a lesser charge or is dismissed, because the criminal case requires proof beyond a reasonable doubt and your civil claim uses a lower standard. Still, the criminal file, including breath or blood results and body-camera video, is often strong evidence, so Gary follows it closely.

If the driver is convicted, Georgia law requires the sentencing judge to decide how much restitution the driver owes you and to order it (O.C.G.A. § 17-14-3). Restitution can help, but it doesn't replace your own claim against the driver and the insurance company. Ask the prosecutor's office how to get notice of court dates.

Not sure how the criminal case affects your claim? Call (240) 421-5511 and ask Gary.

The Georgia Crime Victims Compensation Program

The Georgia Crime Victims Compensation Program, run by the Criminal Justice Coordinating Council, lists DUI crashes among the crimes it most often covers. It may help with some costs, such as medical bills, lost wages, counseling and funeral expenses.

According to the council, the crime generally must be reported to police within 72 hours and an application filed within three years. Awards are capped at $25,000 per victim, and the program pays only after insurance and other sources.

Punitive damages: no cap for impaired drivers

Most compensation repays what you lost. Punitive damages are different: they punish conduct that is especially dangerous. Under O.C.G.A. § 51-12-5.1, they require clear and convincing evidence of willful misconduct, malice, wantonness or an entire want of care that suggests conscious indifference to the consequences.

Georgia usually caps punitive damages at $250,000, but there is no cap against a driver whose judgment was substantially impaired by alcohol or drugs (other than prescription drugs taken as prescribed). That uncapped award applies only to the impaired driver, whom the statute calls the “active tort-feasor,” and not to other defendants such as a bar or an employer.

In a fatal crash, the family's wrongful-death claim and the estate's claim follow different rules, including on punitive damages. Our wrongful death page explains how those claims work.

Can you sue the bar that served the drunk driver?

Sometimes, but Georgia's dram shop law, O.C.G.A. § 51-1-40, is narrow. It starts from the rule that drinking, not serving, generally causes a drunk driver's harm. A bar, restaurant or other seller is responsible only when it:

• sold, furnished or served alcohol willfully, knowingly and unlawfully to someone under 21, knowing that person would soon be driving; or
• knowingly served someone who was noticeably intoxicated, knowing that person would soon be driving,

and the service was a proximate cause of your injuries. Serving the driver is not enough; you must show the bar knowingly served a noticeably intoxicated (or underage) person it knew would soon drive.

Good-faith reliance on an ID showing the buyer was 21 counts as evidence, which can be rebutted, that a sale wasn't willful, knowing and unlawful. The drunk driver can't sue the bar for their own injuries.

Proof can come from receipts and tab times, credit card records, surveillance video, valet tickets, staff and witness testimony, and the driver's test results. Much of it disappears within days.

If you know where the driver was drinking, call (240) 421-5511 now, so a preservation request reaches the bar while its video and receipts still exist.

What about a party host?

The same law covers anyone who sells, furnishes or serves alcohol, so a private host faces the same narrow test. A homeowner generally isn't liable when guests drink on the property without the owner's consent. A host's homeowner's insurance may respond to a valid claim.

Where and when impaired-driving crashes happen

According to the Governor's Office of Highway Safety, 507 people died in Georgia crashes involving at least one alcohol-impaired driver in 2022. That was 28% of all traffic deaths on Georgia roads that year. GOHS also found that most alcohol- and drug-related crashes happened at night on weekends.

In metro Atlanta, that pattern points to areas with many bars, restaurants and late-night venues:

• Buckhead, around Buckhead Village and along Peachtree and Piedmont roads, with late traffic heading to GA-400 and I-75. Atlanta Police Zone 2 covers Buckhead.
• Midtown, along Peachtree Street and 10th and 14th streets near the Downtown Connector. Atlanta Police Zone 5 covers Midtown and Downtown.
• Edgewood Avenue in Old Fourth Ward, a strip of bars just east of downtown.

Nearby hospitals include Piedmont Atlanta on Peachtree Road and Emory University Hospital Midtown, and Grady Memorial Hospital downtown is the metro's Level I adult trauma center.

Impaired drivers use every road, from Roswell Road to I-285. Our Buckhead and Midtown pages cover local police and crash reports.

When the drunk driver has little or no insurance

Georgia is an at-fault state, so the drunk driver's liability insurer is the first place to turn. But Georgia requires only $25,000 per person in bodily injury coverage (25/50/25 under O.C.G.A. § 33-7-11 and § 40-9-37), and some impaired drivers carry no insurance at all.

Your own uninsured/underinsured motorist (UM) coverage can pay when the drunk driver's insurance is missing or too small. Added-on UM pays over and above the driver's limits, while reduced-by UM is offset by them.

With imaginary figures: a driver with $25,000 in coverage and your $100,000 UM policy could mean up to $125,000 with added-on coverage, or $100,000 total with reduced-by. Since January 1, 2009, added-on has been Georgia's default unless the policyholder chose otherwise in writing.

If the driver fled, UM can still apply when the car made contact with you, or an eyewitness other than you backs up your account, and the crash is reported to police. There are technical steps to keep a UM claim alive; see our UM coverage guide.

Not sure what your policy covers? Call (240) 421-5511 and Gary will review it with you.

Can the insurer blame you? Fault, seat belts and SB 68

Even when the other driver was drunk, the insurer may argue you share the blame, for example for speeding or not buckling up. Under Georgia's modified comparative negligence rule, you recover nothing if you are 50% or more at fault; otherwise your award is reduced by your share (O.C.G.A. § 51-12-33).

Juries can also assign fault to people who aren't in the lawsuit. Our article on Georgia's 50% rule explains how that works.

Georgia's 2025 tort-reform law, SB 68, raised the stakes. Since April 21, 2025, in pending and future cases, a jury may learn that you weren't buckled up when it weighs fault and causation (O.C.G.A. § 40-8-76.1(d)), though a judge can still exclude that evidence as unfairly prejudicial. See our article on seat-belt evidence.

For crashes on or after April 21, 2025, juries may also hear what health insurance actually paid, and you can recover only the reasonable value of necessary medical care (O.C.G.A. § 51-12-1.1). Keep every bill and explanation of benefits.

What compensation can you recover after a DUI crash?

You may be entitled to:

• Medical bills, past and future
• Lost wages and lost earning capacity
• Vehicle repairs and loss of use
• Pain, emotional distress and loss of enjoyment of life
• Punitive damages, with no cap against an impaired driver

Pain-and-suffering damages have no cap in ordinary Georgia injury cases. A spouse may also have a separate loss of consortium claim. Hospitals and some providers may place liens on your settlement (O.C.G.A. § 44-14-470 et seq.), so bills need tracking from day one.

If a drunk driver took a loved one's life, Georgia lets the family recover the full value of that life, and the estate can separately recover medical and funeral expenses.

How long do you have to file a claim after a drunk driving crash?

In most cases, Georgia gives you two years from the crash to file an injury lawsuit (O.C.G.A. § 9-3-33). Other deadlines can apply:

• Wrongful death: generally two years from the date of death; in some situations the deadline can be paused, but don't count on it.
• A spouse's loss of consortium claim: four years (O.C.G.A. § 9-3-33).
• Property damage: four years (O.C.G.A. § 9-3-31).
• Government vehicles or employees: ante litem notice within 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26).

Georgia also has a crime-victim tolling rule: O.C.G.A. § 9-3-99 may pause the deadline for a claim arising from a crime while the prosecution is pending, for up to six years. Courts have applied it to some traffic offenses, but it is fact-specific, so no one should rely on it.

Our article on the Georgia statute of limitations has more. Call (240) 421-5511 to get the right deadline on the calendar from day one.

How an Atlanta drunk driving accident lawyer helps

Gary has practiced law for 20 years. In a DUI case, his work includes:

• Getting the crash report, 911 audio, body-camera video and test results (how to get a crash report)
• Sending preservation letters to bars and other businesses for video and receipts
• Following the criminal case and using what it uncovers
• Finding every policy that may apply, including an employer's if the driver was working and your own UM
• Pursuing punitive damages when the evidence supports them

Talk to an Atlanta drunk driving accident lawyer today

Gary works from 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338 in Perimeter Center, close to the I-285 and GA-400 interchange. He can see you at the office, by phone or video, or at your bedside at home or in the hospital, in English or Spanish.

The consultation is free, and there is no attorney's fee unless we recover compensation for you. Call (240) 421-5511, day or night.