Holiday weekends in Georgia are meant for celebration, travel, and time with family. Unfortunately, they also bring a sharp increase in drunk driving accidents. Festivities involving alcohol, combined with late-night driving and heavy traffic, create a perfect storm for serious, often life-changing collisions. For those injured by an impaired driver, the consequences can be devastating.
If you were hurt in a crash caused by a drunk driver, you are not alone, and you have rights. Georgia law recognizes the extreme danger posed by impaired driving and allows victims to pursue full compensation for their injuries. In fact, you may be entitled to more than just medical expenses and lost wages. You could also recover damages for pain and suffering, emotional distress, and other losses that occurred as a result of the drunk driver’s reckless actions. Let our attorneys explain your rights in the aftermath of a DUI accident.
The Holiday Weekend Risk: Why Drunk Driving Increases
Holiday weekends in Georgia, such as Memorial Day, the Fourth of July, Labor Day, and New Year’s, are unfortunately associated with a significant uptick in drunk driving incidents. Factors like increased travel, festive gatherings, and alcohol consumption contribute to this rise.
National Trends
Nationwide, the impact of impaired driving during holiday periods is stark. According to the National Highway Traffic Safety Administration (NHTSA), approximately 30% of all traffic fatalities in the United States involve drunk drivers with blood alcohol concentrations (BACs) of 0.08 g/dL or higher. In 2023 alone, 12,429 people were killed in these preventable crashes.
Georgia-Specific Data
In Georgia, the pattern mirrors the national trend. During the 2024 Memorial Day weekend, the Georgia Department of Public Safety reported more than 500 DUI arrests between Friday and Monday morning.
Contributing Factors
Several elements contribute to the surge in drunk driving incidents during holidays, including the following:
- Increased Alcohol Consumption. Celebratory events often involve alcohol, leading to more individuals driving under the influence.
- Higher Traffic Volumes. More vehicles on the road increase the likelihood of encounters with impaired drivers.
- Late-Night Driving. Festivities extending into the night result in more drivers on the road during hours when visibility is reduced and fatigue is more common.
- Unfamiliar Routes. Holiday travel often involves navigating unfamiliar roads, which can be challenging even without the added impairment of alcohol.
If these factors caused a drunk driver to collide with your vehicle and injure you, compensation may be available. Let our Atlanta DUI accident attorneys help you build the strongest possible case.
Immediate Steps to Take After the Crash
If you’ve been hit by a drunk driver, what you do in the minutes and hours following the crash can significantly impact your health and potential legal claim. This is especially true when it comes to accidents on holiday weekends. The scene may be chaotic, emotions high, and injuries unclear, but staying as calm and focused as possible is crucial.
Call 911 Immediately
Your first priority after a crash should be to call emergency services. Reporting the accident not only ensures that help is on the way but also initiates an official police investigation. Be sure to tell the dispatcher if you suspect the other driver is under the influence. Officers on the scene can administer field sobriety tests or breathalyzers, which may later become essential evidence in your claim.
Seek Medical Attention
Even if your injuries seem minor, get medical care as soon as possible. Adrenaline can mask symptoms, and internal injuries may not be immediately apparent. Prompt medical documentation also strengthens your legal case by linking the crash to your injuries.
Document the Scene
If you’re physically able, take photos of vehicle damage, skid marks, road conditions, and visible injuries. Gather the names and contact information of any witnesses. If the other driver is behaving erratically or shows signs of intoxication.
Avoid Conversations with the At-Fault Driver
Do not confront or argue with the drunk driver. It’s safest to let law enforcement handle their behavior. Avoid making statements about fault or discussing your injuries with anyone at the scene other than emergency responders.
Get a Copy of the Police Report
This document will be a key piece of evidence, especially if it includes a DUI arrest or citations against the at-fault driver. Be sure to request a copy from the responding agency as soon as it becomes available.
Understanding Liability in a Drunk Driving Accident
When you’re injured by a drunk driver, one of the few certainties is this: the other driver was in the wrong. In Georgia, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal for adults, and even lower thresholds apply to commercial drivers and those under 21. But while a DUI arrest can strongly support your case, it’s important to understand how civil liability works, especially if you’re pursuing compensation for your injuries.
Criminal Charges vs. Civil Claims
A DUI arrest leads to criminal prosecution by the state, which may result in jail time, license suspension, and fines for the offender. However, these consequences do nothing to compensate you for your injuries. That’s where civil liability comes in. As the injured party, you have the right to file a personal injury claim or lawsuit against the drunk driver to recover financial damages. While the state has final say on bringing criminal charges, a civil lawsuit is entirely in your hands.
Establishing Fault Is Often Straightforward
In most drunk driving cases, fault is clear. Driving under the influence is a serious form of negligence, and if the police report includes field sobriety results, BAC tests, or witness accounts of reckless driving, these can all serve as powerful evidence. However, a DUI conviction is not required to pursue a civil claim. Even if the driver was not charged with a crime, you can still sue for damages using the broader standard of civil liability. Civil cases require proof by a preponderance of the evidence, not beyond a reasonable doubt. This is a much easier burden to meet.
How a Drunk Driving Conviction Affects Your Case
Although you don’t need a criminal conviction to win a personal injury case, a DUI conviction can significantly strengthen your civil claim. When the drunk driver is found guilty in criminal court, it can serve as persuasive evidence of negligence or recklessness in your civil case.
Criminal vs. Civil Proceedings
It’s important to understand the distinction between these two processes:
- Criminal court focuses on punishing the offender for violating the law. The burden of proof is high.
- Civil court focuses on compensating the victim. The burden of proof is lower.
A conviction can make it much easier to establish fault in your personal injury case. It can also influence how much the insurance company is willing to offer in a settlement. Most insurers know that a jury is unlikely to sympathize with an impaired driver, especially if they’ve already been found guilty in court.
But What If There’s No Conviction?
Even if the criminal charges are dropped or the driver is acquitted, you can still file a successful civil lawsuit. Civil claims are judged under different rules and standards. Evidence like witness testimony, police reports, failed sobriety tests, and photos of the scene can still be enough to prove your case.
In short, a criminal DUI conviction is not required, but if it happens, it gives you powerful leverage in negotiations or litigation. Regardless of the outcome in criminal court, your right to pursue justice in civil court remains firmly intact.
Your Right to Compensation as an Injured Victim
As someone injured by a drunk driver, you have the legal right to pursue financial compensation for the harm you’ve suffered. In Georgia, civil law recognizes the seriousness of drunk driving and offers multiple avenues for victims to recover damages. These damages fall into several categories, each addressing a different aspect of your loss.
Economic Damages
Economic damages refer to the tangible, financial losses caused by the crash. This includes all medical-related expenses such as emergency treatment, surgeries, hospital stays, rehabilitation, medications, and ongoing care. If your injuries forced you to miss work, you may also be entitled to recover lost wages. In more severe cases, if your ability to work in the future is reduced or eliminated, you can claim loss of earning capacity. Additionally, any property damage can be included in your economic recovery.
Non-Economic Damages
While economic losses can be calculated with receipts and pay stubs, non-economic damages reflect the emotional and physical toll of the accident. These damages compensate you for pain and suffering, emotional distress, anxiety, depression, and the loss of enjoyment of life. If your injuries result in scarring, disfigurement, or long-term disability, those long-lasting impacts can also increase the value of your non-economic claim.
When a Bar or Host May Also Be Liable: Georgia Dram Shop Laws
While the drunk driver is often the most obvious person responsible after a crash, Georgia law recognizes that others may share liability in certain cases, particularly when alcohol was served irresponsibly. Under Georgia’s Dram Shop Act, victims of drunk driving accidents can also bring claims against bars, restaurants, or even private individuals who provided alcohol to the impaired driver under specific circumstances.
To hold a business or host liable under the Dram Shop law, two key factors must be proven. First, the alcohol must have been knowingly provided to a person who was visibly intoxicated. This means the person was already showing signs of impairment when they were served additional alcohol. Second, the business or host must have known, or should have reasonably known, that the intoxicated person would soon be driving.
This law doesn’t apply in every situation. Simply serving someone who later drives drunk isn’t enough. However, if a bartender or party host continued serving someone clearly intoxicated who then got behind the wheel and caused a crash, they may be legally responsible for the harm that followed.
These third-party claims are especially important in cases involving catastrophic injuries or wrongful death, where the drunk driver’s insurance coverage may not be enough to cover the full extent of the damages. Suing the establishment or individual who enabled the driver’s actions may provide another avenue for compensation.
Dealing with Insurance After a Drunk Driving Crash
After being injured by a drunk driver, one of the first major hurdles you’ll face is dealing with insurance companies. While you might expect a straightforward process given the driver’s obvious fault, insurance claims involving drunk driving accidents can be complicated, frustrating, and often emotionally draining.
In most cases, the at-fault driver’s liability insurance should cover your damages. This includes medical bills, property damage, lost wages, and pain and suffering. However, insurance companies are not on your side. Their goal is to settle claims as quickly and cheaply as possible. Even if the driver was clearly impaired, the insurance adjuster may offer a lowball settlement that doesn’t fully account for your long-term medical needs, emotional distress, or the true value of your suffering.
It’s also not uncommon for drunk drivers to carry minimal or no insurance, especially if they have a history of reckless behavior or license suspensions. If the at-fault driver is uninsured or underinsured, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage, which is optional in Georgia but highly recommended, can step in to pay for your losses when the other driver’s insurance is insufficient or nonexistent.
If you do have UM/UIM coverage, it’s important to notify your insurer promptly, but do not give a recorded statement or accept a settlement without speaking to a lawyer first. Even your own insurer may try to limit what they pay.
Talk to Mabra Law Following an Accident with a Drunk Driver
The aftermath of an accident with a drunk driver can be distressing, but you have the right to seek legal help at every stage of this process. Contact Mabra Law today to learn how our Atlanta DUI accident attorneys can help.