Two cases begin after the crash. Only one of them pays you. Getting hit by a drunk driver in Georgia starts a criminal prosecution, and that case belongs to the state rather than to you.
Below, we explain what each case does, why an arrest guarantees you nothing, and why Georgia treats these claims differently from every other wreck.
What Happens After You Are Hit by a Drunk Driver in Georgia
Officers arrive, treat the injured, and investigate impairment. Signs they look for include slurred speech, the smell of alcohol, unsteady movement, and open containers in the vehicle.
A field sobriety test usually follows. Chemical testing may come next, and an arrest may follow those results. All of it feeds the state’s case, not yours.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Why the Criminal Case Does Not Pay Your Bills
Prosecutors seek fines, license suspension, and jail time. Courts do not award you compensation there.
The two cases also demand different proof. A prosecutor must convince a jury beyond a reasonable doubt, while your civil claim needs only a preponderance of the evidence. Consequently, a driver acquitted of DUI can still owe you money.
Why Georgia Removes the Punitive Damages Cap for Drunk Drivers
Most Georgia tort cases cap punitive damages at $250,000 under O.C.G.A. § 51-12-5.1(g). Drunk driving cases sit outside that limit.
Subsection (f) says so directly. The exception applies when a defendant acted under the influence to a degree that substantially impaired judgment. In that situation the statute allows “no limitation regarding the amount which may be awarded as punitive damages.”
That exception changes case value dramatically. Moreover, it explains why insurers approach these claims far more cautiously than ordinary collisions.
Who Else May Owe You
The driver is rarely the only responsible party. A bar, restaurant, or store that served a visibly intoxicated customer can share liability, and so can a private party host.
Our article on Georgia social host liability explains when that second claim exists. It often matters enormously, because a single driver’s policy limits run out fast.
Why Waiting Costs You
Georgia gives most injury victims two years to file. Still, the proof degrades long before then.
Bar receipts, surveillance video, and witness memory all fade within months. So an attorney who starts early preserves what a late claim never recovers.
Talk to a Georgia Drunk Driving Accident Lawyer
Shane Smith Law holds impaired drivers and their suppliers accountable. Call (980) 246-2656 for a free consultation. Ask for a free copy of our book, I Was Hit by a Drunk Driver: What Do I Do Next?
