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Q
What if I was hit by a drunk driver or a DUI driver?

Atlanta Car Accident Lawyer Shane Smith, an Atlanta Personal Injury Attorney who limits his practice to Car Wrecks, Car Accidents, Personal Injury, DUI Victims, Slip and Falls, and other injuries relating to Back and Neck Injuries

A

     Our society has decided that if you drink and drive then you are responsible for your actions. The court system levies extra punishment on someone for drinking and driving. 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.

     As a caution – I have never seen punitive damages paid when an attorney was not involved in the 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 adjuster about punitive damages. After getting his response call an attorney 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 check out our section that talks specifically about how a car accident case is different where someone is hit by a drunk driver.

Shane Smith
Advocate for the Seriously Injured in Georgia