In today's day and age, there is no excuse to drive drunk, with Uber and Lyft drivers ready to take anyone home at a moment's notice. If an impaired driver hit you, you did nothing wrong, and you should not be left with the bills.
A drunk driving claim in Georgia is worth more than an ordinary car accident claim, if your lawyer knows how to ask for it. Coker Accident Lawyers has handled hundreds of punitive damages cases.
Do You Have a Georgia DUI Victim Claim?
You have a claim when an impaired driver caused your injuries. You do not need a conviction, and you do not need to wait for the criminal case. Work through these five questions:
If an impaired driver hurt you, call now rather than after the criminal case resolves. The bar evidence that supports a second claim is gone within weeks.
Call (678) 935-6000How a DUI Victim Claim Works in Georgia
Georgia places drunk driving victims in a special position, giving them tools that impose real financial consequences on the driver.
The State of Georgia prosecutes the DUI. You bring the civil claim. They run on different tracks with different burdens of proof. A conviction is strong evidence for your case, but an acquittal does not end it.
In most Georgia injury cases, punitive damages are limited to $250,000 under O.C.G.A. § 51-12-5.1. That limit is lifted when the defendant was under the influence of alcohol or drugs.
Georgia's dram shop law, O.C.G.A. § 51-1-40, allows a victim to pursue the bar or restaurant that served a driver it knew was intoxicated and knew would soon be driving. These claims are difficult, but they matter when the driver has little insurance.
The practical effect is significant. An ordinary rear-end collision is valued on medical bills, lost income, and pain and suffering. The same collision caused by an impaired driver adds damages meant to punish, and carriers evaluate the file differently, but only if the claim is pleaded and supported correctly from the start.
Who Actually Pays a DUI Victim Claim
Impaired drivers frequently carry minimum limits, so the real recovery often comes from somewhere other than the driver's own policy.
| Source | When it applies |
|---|---|
| The drunk driver's liability policy | The primary source, though often at minimum limits |
| Your uninsured/underinsured motorist coverage | Often the largest real source of recovery in these cases |
| The bar or restaurant's liquor liability policy | Through a dram shop claim. Commercial policies are typically far larger than a personal auto policy. |
| A host or event venue's policy | In limited circumstances where alcohol was served |
| The driver's personal assets | Rarely meaningful, and not something to build a case around |
Whether a particular policy responds to a punitive damages award depends on the policy language and the law, and it is one of the first things we evaluate. It is also why the dram shop claim can matter more than the driver's own coverage.
What Drives the Value of a DUI Victim Claim
A DUI claim starts with everything an ordinary collision claim includes, then adds factors no ordinary claim carries.
The Evidence That Proves Impairment, and How Fast It Goes
Once you hire us, we immediately move to preserve all evidence. Reports, blood tests, body camera footage, and vehicle photographs are all critical in proving the other driver's impairment.
| Evidence | What it proves | How long you have |
|---|---|---|
| Breath or blood test results | The driver's BAC at or near the time of driving | Collected within hours. Obtained through the criminal file. |
| Body camera footage | Slurred speech, unsteadiness, and admissions at the scene | Agency retention varies. Request early. |
| Field sobriety test video | Observable impairment before any lab result | Same as above |
| Bar receipts and point-of-sale records | How much the establishment actually served | Weeks. These are ordinary business records with short retention. |
| Bar surveillance footage | Visible intoxication at the time of service | Often 7 to 30 days, and bars have every reason not to keep it |
| Server and bartender statements | What staff observed and served | Hospitality turnover is high. Staff leave within months. |
| The driver's prior record | A pattern that supports punitive damages | Public record, but it must be pulled |
The three bar-related rows are why waiting for the criminal case is a mistake. By the time a DUI prosecution resolves, the bar's receipts and video are long gone.
"When you hire us, you are hiring attorneys who have handled hundreds of punitive damages cases and know how to maximize your recovery."
R. Michael Coker
What the Other Side Will Argue
Do not trust a drunk driving case to an inexperienced lawyer. Expect these:
It does not need to be. Your civil claim is independent, has its own deadline, and delay costs you evidence.
Challenges to machine calibration, blood draw procedure, or chain of custody, imported from criminal defense into the civil claim.
Comparative fault, aimed at the 50% bar. Impairment does not automatically make a driver fully responsible, and they will look for anything you did.
The knowledge element of the dram shop statute, and the reason receipts, video, and server testimony are essential.
Expect the argument that the conduct was not enough to support them, which is why the claim has to be built deliberately from the beginning.
The results of an inexperienced lawyer could be devastating, leaving you with less than the full compensation you deserve under Georgia law.
How a DUI Victim Case Proceeds
If you suspect the other driver was impaired, call the police. Signs include bloodshot eyes, slurred speech, open alcohol or pill bottles, the smell of marijuana, trouble standing, or officers performing field sobriety tests. Then photograph the vehicles and get medical attention right away.
We take a percentage of the settlement, so our representation costs you nothing out of pocket. We only get paid if you get paid.
Coker Accident Lawyers represents drunk driving victims across Gwinnett County and Barrow County, from offices in Lawrenceville, Mulberry, and Winder. Related: car accidents, wrongful death, and Georgia personal injury claims.
