Being hurt by someone who chose to drive impaired brings a particular kind of anger, and you should not have to carry the legal fight on top of it. Calvin Smith Law represents people injured by drunk and drugged drivers across metro Atlanta, and an Atlanta drunk driving accident lawyer on our team can pursue the driver, the insurers, and anyone else who shares responsibility.
We take these cases on contingency, so you pay no fees unless we win, and our phones are answered around the clock. Call 404-842-0999 for a free consultation, whether the crash happened last night or several months ago.
Can You Sue a Drunk Driver in Georgia Even if They Face Criminal Charges?
You can sue a drunk driver for your injuries whether or not the state prosecutes them, and the two cases move forward separately. The criminal case decides whether the driver is punished, while your civil claim decides whether the driver and their insurers pay for the harm they caused.
Many people assume they have to wait for the DUI case to end before doing anything. Waiting can cost you evidence, so we open the injury claim right away and use the criminal case as a source of proof when it helps.
The table below shows how the two cases differ.
| Question | Criminal DUI Case | Your Civil Injury Claim |
|---|---|---|
| Who brings it | The State of Georgia, through a prosecutor | You, through your attorney |
| What it decides | Guilt and penalties under Georgia’s DUI law | Who pays for your injuries and how much |
| Burden of proof | Beyond a reasonable doubt | More likely than not |
| Where the money goes | Fines go to the state | Damages go to you and your family |
Because the civil burden of proof is lower, an injury claim can succeed even when a criminal charge is reduced or dismissed. A plea deal in traffic court does not decide what your case is worth.
Why Drunk Driving Claims Differ From Other Car Accident Cases
Drunk driving claims open the door to punitive damages without the usual cap, which changes how insurers and defense lawyers value the case. Most Georgia injury cases limit punitive damages to $250,000, but that limit does not apply when the at-fault driver’s judgment was substantially impaired by alcohol or drugs.
O.C.G.A. § 51-12-5.1 lets a jury set punitive damages at whatever amount it finds appropriate to punish an impaired driver. That exposure often moves negotiations in a way an ordinary rear-end claim never would.
Insurance Coverage Limits Still Matter
A large punitive award does not help much if the driver has no assets and a minimum policy. Many auto policies also exclude or contest coverage for punitive damages, so we look for every other source of payment early, including your own uninsured motorist coverage and any business connected to the crash.
When a policy limit is the main obstacle, a well-documented demand can still put pressure on the insurer. Georgia law gives insurers strong reasons to accept a reasonable offer within policy limits, and preparing that demand correctly is one of the most important things we do in an impaired-driver case.
Who Can Be Held Responsible for an Atlanta Drunk Driving Crash?
The impaired driver is the first defendant, but they are rarely the only one. Georgia law can reach others whose choices put that driver on the road.
Depending on the facts, responsible parties may include:
- The driver: liable for negligence and, in many cases, punitive damages.
- A bar, restaurant, or event host: liable under Georgia’s dram shop statute when it knowingly served someone noticeably intoxicated who it knew would soon drive, or served a minor.
- A vehicle owner: liable for negligent entrustment when they lent a car to someone they knew drank and drove.
- An employer: liable when the driver was working, such as making deliveries or driving to a client meeting.
Each additional defendant can add an insurance policy to the claim. Proving a dram shop or entrustment claim takes receipts, bar tabs, surveillance video, and witness accounts, and those records disappear quickly in Midtown, Buckhead, and Downtown nightlife districts.
Georgia’s dram shop rule is not limited to commercial businesses. It applies to anyone who sells, furnishes, or serves alcohol, so a private party host can face the same claim when the statute’s knowledge requirements are met, and a homeowner’s insurance policy may respond.
How We Build an Atlanta Drunk Driving Accident Case
We build these cases from two directions at once: the evidence of impairment and the evidence of what the crash cost you. Both matter, because proving the driver was drunk does not automatically prove the value of your injuries.
Impairment is not limited to alcohol, either. Marijuana, prescription sedatives, and other drugs can impair a driver just as dangerously, and Georgia’s uncapped punitive damages rule covers drugs other than lawfully prescribed medication taken as directed. These cases often depend on blood test results and pharmacology testimony, which we line up early.
Evidence of Impairment
The criminal file often holds the strongest proof, and we request it as soon as Georgia law allows. Typical sources include:
- Breath, blood, or urine test results from the arrest
- Field sobriety test notes and dash or body camera video from the Atlanta Police Department or Georgia State Patrol
- Receipts, card statements, and bar video showing what the driver drank and where
- 911 calls from other drivers who reported erratic driving before the crash
- Court records of any plea, conviction, or prior DUI history
Not every piece will be admissible in your civil case, but each one helps us decide who to sue and how hard to push. A guilty plea to DUI, for example, can serve as strong evidence of fault.
Evidence of Your Losses
Medical records, wage documentation, and statements from family members show how the crash changed your life. We work with your treating providers to estimate future care, because drunk driving crashes often happen at high speed and cause injuries that need years of treatment.
What Compensation Is Available After a Drunk Driving Accident?
Injured people can recover compensatory damages for their actual losses plus punitive damages aimed at the impaired driver. Compensatory damages cover medical bills, lost income, reduced earning ability, pain and suffering, and emotional distress.
Families who lost someone may bring a wrongful death claim for the full value of the life lost, along with a separate claim for funeral costs and the person’s suffering before death. We handle those conversations with care, at whatever pace the family needs.
A spouse may also bring a separate loss of consortium claim for the way the injury changed the marriage, from lost companionship to added caregiving duties. That claim belongs to the spouse, and it can add meaningful value when a serious injury reshapes daily family life.
Attorney’s Fees and Litigation Costs
Georgia law can also allow a jury to award litigation expenses when a defendant acted in bad faith or forced a needless lawsuit. Drunk driving cases sometimes qualify, which can increase the net recovery for an injured client.
Protecting Your Claim in the Weeks After an Impaired-Driver Crash
The first few weeks after a drunk driving crash shape the civil case more than most people realize. A few practical choices can keep evidence intact and keep the insurer from framing the story before you do.
Many of our clients find it helpful to:
- Keep every medical appointment and follow-up, even when the pain seems to ease
- Save the case number from the arrest report and any letters from the prosecutor’s office
- Write down what you remember about the other driver’s behavior, speech, and smell of alcohol at the scene
- Avoid posting about the crash or the driver on social media while both cases are open
- Send insurance adjusters to your attorney instead of giving recorded statements
Those steps protect both your health and your credibility, which matter to a jury as much as the toxicology report does. They also free you to focus on recovery while our team handles the legal work.
Help Available Through the Criminal Justice System
Georgia’s Crime Victims’ Bill of Rights gives DUI crash victims the right to be notified about hearings and plea agreements in the criminal case. The Georgia Crime Victims Compensation Program may also help with certain medical bills, counseling, and lost wages when other sources fall short.
Those programs work alongside a civil claim rather than replacing it. We can help you apply and make sure any payment is accounted for in your settlement.
How Long Do You Have to File a Drunk Driving Injury Claim in Georgia?
Most Georgia personal injury claims must be filed within two years of the crash under O.C.G.A. § 9-3-33. When the at-fault driver is criminally prosecuted, O.C.G.A. § 9-3-99 may pause that deadline while the criminal case is pending, for up to six years.
Why We Treat Two Years as the Real Deadline
Courts apply that tolling rule narrowly, and dram shop or employer claims may follow different timing. Relying on it without a lawyer is risky, so we treat the two-year date as the real deadline unless a court has told us otherwise.
Why Families Call Calvin Smith Law After an Impaired-Driver Crash
Calvin Smith Law is headquartered on Lenox Road in Atlanta, and our attorneys understand how quickly an impaired-driver case can slip away if evidence is not preserved. We return calls at any hour, explain every step in plain language, and push the claim forward while you recover.
When you work with our firm, you can count on:
- 24/7 availability: call 404-842-0999 any time, including nights and weekends.
- Contingency representation: no fees unless we win your case.
- Resources to pursue every defendant: our firm has collected over $1 Billion for clients, including a $2,750,000 result in a negligent entrustment case.
- Honest guidance: we tell you what your claim is likely worth and what it will take to get there.
Results depend on the facts of each case, and past outcomes do not predict future ones. If an impaired driver hurt you or someone you love, call 404-842-0999 to schedule a free consultation with our Atlanta team.
FAQs: Atlanta Drunk Driving Accident Lawyer
Do I have to testify in the drunk driver’s criminal trial?
Prosecutors in Fulton, DeKalb, and other Georgia counties may subpoena crash victims to testify in a DUI trial, but many DUI cases end in a plea without a trial. Your attorney can coordinate with the prosecutor’s victim advocate so your civil claim and any testimony stay consistent.
Can I recover if the drunk driver had no insurance in Georgia?
An injured person in Georgia can usually turn to their own uninsured motorist coverage when an impaired driver has no insurance or too little. Household members’ policies may also apply, and a dram shop or employer claim can add another source of payment.
Does a DUI acquittal end my injury case in Georgia?
A not-guilty verdict or dismissed DUI charge in Georgia does not end your civil injury claim. The civil case uses a lower burden of proof, and a jury can still find the driver negligent based on the crash evidence, witness testimony, and test results.
Can a bar be sued for a drunk driving crash in Atlanta?
An Atlanta bar or restaurant can be sued when it knowingly served a noticeably intoxicated person who it knew would be driving soon, or when it served someone under 21. Proving what staff knew usually takes fast access to receipts, video, and employee testimony.
Will the drunk driver’s criminal restitution cover my losses?
Criminal restitution ordered in a Georgia DUI case usually covers only specific out-of-pocket losses and is often paid slowly, if at all. A civil claim reaches insurance coverage and damages that restitution does not, such as pain, suffering, and future lost earnings.
When You’re Ready to Talk, We’re Here
The choice to drive impaired belonged to someone else, but the next step belongs to you. Our team will listen, explain your options, and start protecting the evidence the same day you call. There is no cost to that first conversation and no obligation to hire us afterward.
Call 404-842-0999 or send us a message to speak with an Atlanta drunk driving accident lawyer. If your crash did not involve alcohol, our Atlanta car accident team handles the full range of collision claims across the city.
Calvin Smith Law, 3560 Lenox Road, Suite 3020, Atlanta, GA 30326
Calvin Smith Law – Atlanta Office
3560 Lenox Road, Suite 3020,
Two Alliance Center,
Atlanta, GA 30326
(404) 842-0999
