Drunk driving accidents are devastating events that can leave victims dealing with serious injuries, emotional trauma and financial hardship. If you or a loved one has been injured in a drunk driving accident, you have the right to seek compensation for your damages. However, the legal process can be complex, and it’s essential to understand your rights and the steps required to pursue a claim.

Georgia law allows victims of drunk driving accidents to seek compensation from the at-fault driver. Driving under the influence is a criminal offense, but offenders can also be held accountable in civil court for the damages they have caused. These can include:

·         Medical expenses: Coverage for hospital stays, surgeries, medications, physical therapy, and any ongoing medical needs.

• Lost wages: Compensation for income lost due to missed work, as well as future earning potential if your injuries are long-term or permanent.

• Pain and suffering: Recognition of the physical pain and emotional anguish caused by the accident.

• Property damage: Costs to repair or replace your vehicle and any other damaged property.

• Punitive damages: Additional monetary penalties meant to punish the at-fault driver’s reckless behavior.

Understanding the full scope of these damages is critical to ensuring you receive the compensation necessary to recover and rebuild.

STEP 1: Seek immediate medical attention. Your health and safety are the top priority. While some injuries may seem minor immediately after an accident, symptoms of serious conditions like concussions or internal injuries can appear later. Seeking prompt medical attention not only safeguards your well-being but also establishes a vital record of the injuries you sustained in the crash.

Keep a copy of all medical records and bills, as these documents will be essential for your claim.

STEP 2: Document the accident. Gathering evidence is a critical step in building a strong compensation case.

• Collect police reports: Drunk driving accidents should be reported to law enforcement. The official police report will provide valuable details about the driver’s behavior, any arrests made, and BAC (blood alcohol content) levels.

• Take photos or videos: Document the accident scene, including vehicle damage, any visible injuries, and road conditions.

• Gather witness information: If anyone saw the accident, ask for their contact information. Witness statements can be used to support your claim.

• Retain receipts: Keep all receipts related to medical care, vehicle repair, or additional expenses caused by the accident.

STEP 3: Notify your insurance company. Inform your insurance provider about the accident as soon as possible. Be honest and provide a factual account of the incident. However, avoid admitting fault or making definitive statements without consulting an attorney. Insurance companies often seek to minimize payouts, so it’s important to present your claim carefully.

STEP 4: Consult with a personal injury attorney. Working with an experienced personal injury attorney is one of the most effective ways to ensure a successful compensation claim. An attorney who understands Georgia’s drunk driving laws can help you:

• Navigate the legal process with confidence, ensuring no critical deadlines are missed.

• Evaluate the full extent of your damages to pursue a fair compensation amount.

• Negotiate with insurance companies to secure the best possible outcome.

• File a lawsuit on your behalf if the at-fault party refuses to settle equitably.

Most personal injury attorneys offer free consultations and work on a contingency basis, meaning you won’t pay upfront fees unless your case is won.

STEP 5: Establish liability. One of the key components in a successful drunk driving accident claim is proving that the other driver’s negligence directly caused the accident and your injuries. Your attorney will work to establish liability by:

• Leveraging evidence, such as police reports, BAC test results, and witness statements.

• Demonstrating the driver’s failure to exercise reasonable care. (Driving while intoxicated violates the legal obligation to operate a vehicle responsibly.)

• Providing documentation of the damages you suffered as a direct result of the accident.

STEP 6: Pursue compensation. After liability is established, your attorney will pursue compensation on your behalf. This typically involves negotiating a settlement with the at-fault driver’s insurance company. If a fair settlement cannot be reached, your case may proceed to court for a final resolution.

Georgia law imposes a two-year statute of limitations for filing personal injury lawsuits, so it’s important to act quickly. Failing to file your claim within this period could prevent you from recovering any damages.

STEP 7: Explore additional legal options. Depending on the specifics of your case, you may also have the option to pursue compensation through third parties. For example:

• Bars or restaurants: Establishments that served alcohol to an obviously intoxicated driver could be held liable under Georgia’s “dram shop” laws.

• Vehicle owners: If the drunk driver borrowed someone else’s car, the vehicle owner may bear financial responsibility.

Your attorney will evaluate your case to determine whether pursuing additional claims could enhance your compensation.

Take legal action with Josh D. Tucker

At Josh D. Tucker, we recognize the immense toll that drunk driving accidents take on victims and their families. These tragic events leave lasting physical, emotional and financial scars. However, you don’t have to face this difficult time alone.

Our team of compassionate and skilled attorneys is here to guide you through the legal process, advocate for your rights and help secure compensation. Every step of the way, we will work tirelessly to support your recovery and ensure justice is served.

If you or a loved one has been injured in a drunk driving accident, don’t wait to seek the help you need. Contact us today at (912) 715-8251 for a free consultation.