frequently Asked Questions

Atlanta Car Accident Lawyer R. Shane Smith, An Atlanta Personal Injury Attorney who limits his practice to Car Wrecks, Car Accidents, Personal Injury, Slip and Falls, and Back and Neck Injuries

Q: What is different about being in a car accident with a DUI driver and any other car accident in Georgia?

Our society has decided that if you drink and drive then you are responsible for your actions. The Georgia court system levies extra punishment on someone for drinking and driving and have a car accident. These are called punitive damages. It is possible to get some punitive damages against a DUI driver even if you were not injured. The case law or courts in Georgia have stated that punitive damages are available in a property damage only case or a case where only your vehicle is damaged.

As a caution – I have never seen punitive damages paid when a lawyer was not involved in the car accident case. This is normally because only attorneys know to demand them from the insurance company. If you were hit by a DUI driver ask the insurance adjuster about punitive damages. After getting his response call a lawyer to talk about what he offers. The amount depends on the type of DUI he has, the amount of their BAC, and whether there are any prior DUI’s in his history. Please see my website to find out more about the things we do to ensure that our client's can get larger settlements on DUI cases.