Can I Sue if a Drunk Driver hit me?
If you are in an accident with a drunk driver, you may suffer lost wages, medical expenses, pain and suffering, and emotional distress. In most cases, you are entitled to sue the driver for damages. If the driver took a blood, breath, or urine test that reflects an illegal alcohol level (0.08% or higher for adults), if the driver was impaired from alcohol or drugs, or if the driver violated traffic laws, then you have enough to win a civil lawsuit. In some cases, you may be able to sue another party who served the driver alcohol.
Our car accident lawyers in Cumming are available to discuss what parties you may be able to sue if a drunk driver hits you and what it takes to win your case.
DUI Criminal Penalties in Georgia
Georgia imposes severe penalties for impaired drivers based on the number of offenses. Even a first-time offender may face up to one year in prison per offense, fines ranging from $300 to $1,000, and a revocation of driving privileges for one year. A first-time offender must also complete at least 40 hours of community service.
Subsequent offenders face harsher penalties. An individual who commits a third offense within five years of a second DUI offense will be considered a habitual violator and may be fined up to $5,000, sentenced to prison time, along with additional penalties such as classes, counseling, probation, and a five-year revocation of his or her driver’s license.
Social Host Liability and Dram Shop Laws
While criminal charges will be pressed against the intoxicated driver, you can also sue the driver for civil damages. Of course, liability can be found with any parties that furnished the motorist alcohol. That may include the restaurant, bar, or private residence owner providing the individual drinks under Ga. Code § 51-1-40 (Dram Shop Act), a party that sells or serves alcoholic beverages may be liable if they knowingly serve drinks to a person under the age of 21 or if they serve drinks to someone who is visibly intoxicated.
This law applies to both commercial establishments and private residences. To establish liability, the person furnishing the drinks must have actual or constructive knowledge that the individual was drunk. Actual knowledge would require the dram shop owner or social host to measure the individual’s blood alcohol level, which is unrealistic in most circumstances. In contrast, constructive knowledge means that a person should be aware of a particular fact upon inference. Suppose the individual is slurring his or her words or stumbling while walking. In that case, this will provide the dram shop owner or social host with the information to assume that the customer or guest is intoxicated.
Seeking Damages in a Drunk Driving Case
Damages can be divided into two main categories in personal injury cases: compensatory and punitive. While compensatory damages reflect actual losses, punitive damages are designed to punish the wrongful party for reckless or intentional conduct. Georgia does not have a cap on compensatory damages (lost wages, medical expenses, pain and suffering, etc.). When the at-fault driver was DUI, Georgia does not limit the amount of punitive damages that should be awarded to punish the offender.
A social host can be named as an additional party in a drunk driving suit if the host had knowledge of the guest’s inebriation and failed to take reasonable steps to prevent them from getting behind the wheel. Our Cumming personal injury attorneys will review your case to determine what parties share responsibility for your injuries and how much compensation you should request from each of them.
Unlike a criminal case, which requires establishing guilt beyond a reasonable doubt, you must prove liability by a preponderance of the evidence in a civil suit. This standard requires that you prove that the evidence you present is more likely than not true. This lesser standard of proof allows personal injury victims to collect the compensation they need to be made whole. However, it is still important that you work with an attorney with experience with drunk driving cases and can fully pursue your claim of the law.
Contact Our Car Accident Lawyers in Cumming Today
If you were a victim of an accident with a drunk driver, you may experience devastating injuries caused by another person’s negligence. You may need help paying your medical expenses, pain and suffering, and lost wages. At Banks, Stubbs, & McFarland, our car accident attorneys in Cumming are on a mission to help accident victims return to the life they once knew as quickly as possible. To arrange your initial consultation or learn more, contact us online or call (770) 887-1209.