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In Georgia, drivers injured in car accidents file their auto insurance claims against the at-fault party’s liability coverage policy. This means identifying the at-fault party is a key step in seeking the compensation you deserve. And if the driver who struck you was under the influence of alcohol or an intoxicating substance, your lawyers can use that as evidence of their fault.
Georgia’s Drunk Driving Laws
GA Code Section 40-6-391(a) states that it is illegal for a driver to be under the influence of drugs or alcohol to the extent that it is unsafe for them to operate their vehicle. It also lists the legal blood alcohol concentration (BAC) limit as 0.08 percent within three hours of driving for most drivers.
This BAC limit only applies to most drivers because there are lower limits for commercial and underage drivers. Section 40-6-391(i) sets the limit at 0.04 percent for commercial drivers, while Section 40-6-391(k) sets the limit at 0.02 percent for drivers under 21.
Steps to Take After an Accident Involving a Drunk Driver
After being struck by a drunk driver in Georgia, you should take the following steps to improve your likelihood of successfully recovering compensation for your injuries:
- Report the accident to the police and request a copy of their official accident report. This document may also include the results of the responding officer’s field sobriety test.
- Seek medical treatment and follow your doctor’s instructions until you have fully recovered from your injuries.
- Document the scene and your injuries by taking photographs and writing down everything you remember about the incident.
- Avoid providing a recorded statement to the insurance company, as the company may use it to deny or devalue your claim.
- Consult an experienced car accident lawyer who can handle all aspects of your case on your behalf.
Proving the Other Driver Was Intoxicated
Proving the driver who struck you was intoxicated involves collecting various types of evidence. Some evidence your lawyer may use include:
- Traffic camera footage depicting their erratic driving
- Eyewitness statements from other drivers or bar patrons
- Reports from the responding officers detailing the driver’s BAC levels
- Accident scene photographs showing the damaged vehicles and relevant traffic signs and signals
Georgia’s Dram Shop Law
GA Code Section 51-1-40 states that bars and other establishments that serve alcohol can be held liable for injuries caused by intoxicated patrons. If the establishment served alcohol to a person who was visibly intoxicated and that person crashed into your vehicle, you may be able to seek compensation from both the drunk driver and the establishment.
It’s always beneficial to hold as many parties liable for your damages as possible. This will make it less likely that a single at-fault party’s insurance policy caps will limit your total compensation.
Time Limit for Filing an Auto Insurance Claim
Under GA Code Section 9-3-33, car accident victims have two years to file lawsuits or insurance claims against the parties responsible for their injuries. Failure to file your claim within this period will likely result in the courts barring you from recovering compensation.
However, if the intoxicated driver fled the scene after the collision, this two-year deadline may not begin counting down until police identify the driver. In the meantime, you can file an uninsured motorist claim with your insurer to seek the compensation you need for your medical bills and lost wages.
Contact Our Georgia Car Accident Lawyer
If you were in an accident with a drunk driver, contact Joshua E. Palmer Law Firm for a free consultation with an experienced Georgia car accident lawyer. We’ll review your case, identify the parties that could be at fault, and walk you through the next steps for seeking compensation for your injuries.
