What to Do If You’ve Been Hit by a Drunk Driver

By Bruce MillarOctober 28, 2024

This Georgia legal resource is provided by The Millar Law Firm, Georgia lawyers who specialize in helping the victims of drunk driving accidents.

Key Points:

After you have received medical attention, your next step should be to contact the police department and request a copy of the accident report.
To put together a strong case, you or a personal injury car accident lawyer may need to conduct an independent accident investigation.
Investigation of a drunk driver may involve conducting background checks of the at-fault driver, obtaining the prosecutor’s file, gathering all video evidence, and hiring a toxicologist or reconstruction expert.
DUI accident injury victims have two years to file a claim, but in some cases, Georgia’s statute of limitations may be extended.

Immediate Steps to Take at the Scene of a DUI Accident:

Call 911 immediately for medical assistance and police intervention.
Safely move your vehicle off the road, if possible.
Exchange insurance and contact information with the other driver(s).
If the other driver is too intoxicated to provide details, document or record this fact.
Capture photos and videos of the accident scene.
Collect contact information from any witnesses.

Actions to Take if You Suspect the Other Driver is Intoxicated (At the Accident Scene):

If seriously injured, continue to focus on getting medical help.
Work with Law Enforcement and have them check the vehicle for any drugs or alcohol.
Request for feedback from Law Enforcement if they believe the driver is or was intoxicated.
If Law Enforcement does not perform any DUI/DWI tests, consider encouraging them to test.

Actions to Take Beyond the Accident Scene (If Injured):

Prioritize healing and recovery from the DUI accident.
Seek out and hire an experienced DUI accident attorney.
Collaborate with your attorney by sharing all relevant evidence and documents to strengthen your claim.

Why It’s Important to Identify Intoxication of the At-fault Driver at the Accident Scene

Immediately establishing the intoxication of the other driver after an accident can significantly bolster your legal claim in several ways:

Proving the other driver’s intoxication can make it harder for anyone to argue that you were at fault.
If injuries were sustained, your settlement might even increase due to the possibility of punitive damages. These damages are additional fines that are meant to punish the driver for their reckless choices.
The chances of securing a settlement can rise because insurance companies would rather avoid trials when it’s clear their client was under the influence.

If there is a delay in intoxication verification, it can complicate matters and make your legal claim harder to pursue; it’s imperative these steps are completed immediately.

The Importance of Collaborating with Police to Confirm the Other Driver’s Intoxication

The presence of police at a DUI scene is critical, as they help to gather the right type of evidence to show that the driver was intoxicated.

One way this evidence is collected is via a body cam–the most valuable assist in a DUI case. A seasoned DUI accident lawyer will always see that they can obtain this footage, which will show the driver’s behavior and overall demeanor after the incident. Sobriety tests are also often recorded, both on body cams or on dash cams, which can provide additional tangible evidence.

If a driver is found intoxicated, the police will make an arrest on the scene as a DUI incident is a very serious violation. Documents like the police report from the incident, as well as any past criminal records or traffic tickets, can also play a role in validating claims about the driver’s intoxicated state.

Do I “Really” Need to Hire A Lawyer Who Specializes in Drunk Driving Accidents?

If you or a loved one has been involved in an accident caused by a drunk driver in Georgia, you may wonder if you really need a lawyer. However, DUI cases are not as straightforward as you may think, as they do differ from standard vehicular accidents. While the driver might face DUI charges, it still remains crucial for your civil case to prove the driver was intoxicated and was a threat to those in their path.

To prove the driver’s intoxication, collecting the right evidence is important. A personal injury lawyer who specializes in DUI incidents will be able to pinpoint the right documents that need to be collected. Evidence can include anything from an eyewitness who was there during the incident to 911 and police recordings and body cams, as well as breathalyzer results and toxicology reports. Although some of this information can be accessed via Georgia’s open record laws, the pending charges against the driver might delay the release of this evidence, necessitating you to undertake independent investigations.

As drunk driving incidents are considered reckless, they usually come with a higher settlement. Because of this, insurance companies might try to lowball offers unless a personal injury lawyer steps in who can leverage all available evidence to strengthen the DUI accident claim. From helping to gather the right evidence to handling the back-and-forth with insurance, hiring a personal injury lawyer who specializes in drunk driving accidents can make a huge difference in your case.

Securing Your Future After a DUI Accident: The Role of an Experienced Attorney

Your future well-being and financial security rests on the legal actions you take after being injured by a drunk driver. While it is possible to handle the case entirely on your own, a DUI accident lawyer can be invaluable. They can find evidence that might be challenging for you to access, like the driver’s criminal background, detailed toxicology reports, and insights from accident reconstruction experts. They can also work with your medical team to understand the full extent of your injuries for years to come.

Could you manage these tasks on your own? Of course. But DUI cases carry a huge weight, and the offending driver might have a history of DUI convictions. Having this background can open avenues for you to claim enhanced or supplementary damages.

Fascinating Facts about Georgia’s Drinking and Driving Problem

DUI Arrests: In the past few years, the state of Georgia has seen thousands of DUI arrests annually. The exact number changes based on enforcement initiatives and other factors.
Alcohol-Impaired Fatalities: In certain years, around one-fourth of all motor vehicle fatalities in Georgia were attributed to alcohol-impaired driving.
Repeat Offenders: A large percentage of DUI arrests in Georgia have involved repeat offenders, which shows the recurrent nature of this problem.
Underage DUI: While DUI rates for drivers under 21 have been decreasing nationwide due to strict enforcement and awareness campaigns, Georgia still reported underage DUI incidents.
DUI Conviction Rate: Georgia’s DUI conviction rate has historically been under scrutiny, with concerns raised about the gap between the number of arrests and actual convictions.