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Crashes caused by alcohol or drug impairment remain some of the most devastating collisions on Atlanta roads. When a driver’s judgment is affected, the impact force often increases, and the injuries can be life-changing. Medical bills, missed work, and long recovery periods quickly follow. In situations like these, many people look to an Atlanta drunk driving accident lawyer for help navigating their options and understanding how Georgia law handles impaired driving cases.
Holding Impaired Drivers Accountable in Georgia
Georgia law treats impaired driving as a major public safety concern. Criminal charges focus on punishment, while civil claims give those injured a way to pursue financial recovery from the at-fault driver. These civil cases may include compensation for medical treatment, income loss, and the personal impact of the crash. Even without a criminal conviction, a driver can still face civil liability because the legal standards differ between the two systems.
Many DUI crashes involve speeding, drifting across lanes, or running traffic signals. Accident reconstruction often becomes essential in explaining how the collision occurred. Police bodycam footage, BAC results, field sobriety testing, and witness statements may also play a direct role in showing how the at-fault driver behaved. These details help shape the civil claim and illustrate the level of risk the impaired driver created.
Why DUI Accident Claims Differ From Regular Car Crashes
DUI-related injury claims are different from standard collisions for several reasons. Impaired driving is considered more reckless, and the investigative steps taken by responding officers tend to be more detailed. Insurance carriers often treat these cases differently as well, especially if the evidence points to intoxication or drug use. An Atlanta DUI accident victim lawyer may examine toxicology records, officer observations, and video evidence to understand how impairment contributed to the crash.
Civil claims also move forward even if the impaired driver is not convicted in criminal court. The burden of proof in civil cases is lower, so the focus remains on whether driver negligence caused the injuries. An Atlanta DUI accident lawyer may analyze every available source of evidence to show why the at-fault driver should be held responsible for the damage done.
Seeking Punitive Damages
Punitive damages may apply in some DUI cases because impaired driving is widely recognized as dangerous and avoidable. Georgia law, including O.C.G.A § 9-3-33, outlines when punitive damages may be considered. These damages serve as an additional financial penalty meant to discourage similar conduct in the future. They are not automatic, but DUI claims often present stronger arguments for them because impairment reflects a disregard for public safety. Repeat offenses, a very high BAC limit, or evidence of extremely dangerous conduct may strengthen a request for punitive damages.
Proving Fault With an Atlanta Drunk Driving Accident Attorney
Establishing fault in a DUI case often requires a combination of investigation and expert insight. Police reports, medical documentation, toxicology testing, and witness accounts help build the foundation of the claim. Accident reconstruction may be used to explain how the crash happened, especially in cases where speed, blind spot issues, or sudden lane changes played a role.
Insurance companies sometimes argue that impairment had nothing to do with the collision or that the injured person contributed to what happened. A detailed accident report and supporting evidence can counter these arguments. Claims involving non-economic losses, pain and suffering, or permanent limitations may also require input from medical experts.
Some cases involve catastrophic injuries such as traumatic brain injury, spinal damage, or internal trauma. These claims often require documentation from multiple specialists and may include evaluations from economists who can explain future financial losses. An experienced Atlanta drunk driving accident attorney may also bring in accident reconstruction experts to clarify disputed details.
Representation for Victims of Catastrophic DUI Injuries
DUI crashes frequently result in more severe injuries than other types of collisions. High-speed impacts and sudden loss of control often lead to fractures, head trauma, spinal injuries, and internal damage. When a crash results in a fatality, families may consider filing a wrongful death claim under O.C.G.A. § 9-3-33 to seek accountability and compensation.
These cases often involve significant medical costs, long-term treatment needs, and emotional strain. Some families also pursue compensation when the injured person can no longer provide the same level of care or financial contribution, known as loss of consortium and support. Because of the serious nature of these injuries, claims often rely on testimony from medical professionals, accident reconstruction analysts, and other specialists who can describe the full scope of the harm.
Why Choose Kermani LLP as Your Atlanta DUI Accident Victim Lawyer
DUI accident claims require a focused approach that combines evidence, expert support, and knowledge of Georgia’s civil rules. Kermani LLP handles cases involving impaired driving throughout the Atlanta area and understands how these collisions unfold on busy roads and highways. The firm considers the complete impact of the crash, including financial losses, long-term medical needs, and the emotional effect of a sudden injury.
Many claims depend on toxicology results, dashcam recordings, or officer observations collected at the scene. Others hinge on medical assessments or accident reconstruction that clarifies what happened in the moments before the crash. Kermani LLP reviews every detail to build a clear, supported case against the at-fault driver.
Navigating the aftermath of a DUI collision can feel overwhelming, especially when injuries are severe. An Atlanta drunk driving accident attorney can help clarify the process and explain the options available under Georgia law. Kermani LLP provides representation for those seeking accountability and financial recovery after a serious collision caused by an impaired driver.
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Frequently Asked Questions
Our personal injury team is here to help. Get a free case evaluation.
Can I sue if the driver was acquitted in criminal court?
Yes. A civil injury claim is completely separate from a criminal DUI case. Even if a driver is acquitted, an injured person can still pursue damages in civil court. Criminal cases require proof beyond a reasonable doubt, which is a much higher standard. Civil cases rely on a lower standard known as the preponderance of the evidence. This means the injured party only needs to show that the defendant was more likely than not responsible for causing the harm. Evidence such as police reports, field sobriety observations, blood alcohol readings, and witness statements can still support a civil claim even when prosecutors were unable to secure a conviction.
Does insurance cover drunk driving accidents?
In many cases, insurance policies do cover drunk driving accidents. Georgia law generally requires liability coverage, and that coverage applies regardless of whether the at-fault driver was impaired. While some policies contain exclusions, they rarely apply to claims brought by an injured third party. Insurance carriers may attempt to dispute the severity of injuries or the cause of the crash, but impairment by itself does not remove coverage. People affected by a drunk driving collision often rely on liability insurance, uninsured motorist benefits, or medical payments coverage to help with medical bills and other losses.
Is there a cap on punitive damages in Georgia DUI cases?
Georgia typically caps punitive damages at $250,000 in most personal injury claims. However, that cap does not apply to cases involving drunk driving. State law allows higher punitive awards when a driver chooses to operate a vehicle while impaired. The purpose of these damages is to punish dangerous conduct and discourage similar behavior in the future. Courts still require clear and convincing evidence to award punitive damages, but the absence of a cap gives juries more flexibility when evaluating the seriousness of the misconduct.
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