By Pierce Blitch
Every day, nearly 28 Americans lose their lives in alcohol-related car accidents. Despite decades of awareness campaigns, drunk driving continues to pose a deadly threat on our roads. In Georgia alone, 391 people died in 2021 per Georgia Governor’s Office of Highway Safety.
Stiff penalties and jail time haven’t stopped the devastation of drunk driving. When a driver gets behind the wheel after drinking, they’re endangering themselves and everyone else on the road. Here are two important facts about drunk driving accidents that every Georgian should be aware of:
1. Punitive Damages Can Be Awarded in DUI Cases
In Georgia, if you’re injured in a car accident, you can claim compensation for medical bills, property damage, lost wages, and pain and suffering. When alcohol is involved, the law also allows for punitive damages. These damages aren’t just to compensate the victim but to penalize, deter, and punish the defendant.
Under O.C.G.A. § 51-12-5.1, punitive damages are usually capped at $250,000, but there’s no limit in DUI cases. If alcohol was involved in the accident, victims can receive punitive damages in addition to compensatory awards.
2. Victims Must Prove Alcohol Contributed to the Accident
Law enforcement typically arrests drivers for DUI when they fail or refuse a field sobriety test. In personal injury cases, it’s often best to let the criminal case proceed first. A DUI conviction strengthens the victim’s claim.
Even without a conviction, victims can seek damages by presenting independent evidence that alcohol played a role in the crash. Under Georgia’s Dram Shop Act (O.C.G.A. § 51-1-40), a bar or social host can also be liable if they knowingly serve alcohol to someone underage or noticeably intoxicated who then gets behind the wheel.
IF YOU OR SOMEONE YOU LOVE IS A VICTIM OF A DUI ACCIDENT IN EVANS, GEORGIA, AUSUSTA, GEORGIA OR ANYWHERE IN THE CSRA, CALL THE Blitch Law Firm TODAY TO DISCUSS YOUR CASE.
We fight for you, and we don’t back down. Every DUI accident with injuries holds potentially life-altering consequences. We don’t hold back on providing our clients with the best possible personal injury representation.
If you or a loved one have been injured by a drunk driver, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative strategies with one of our experienced personal injury attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.
Categories: DUI Accident, DUI Victim, Personal Injury