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Seeking Punitive Damages in a Clayton County DUI Accident

Georgia drunk driving accident victims face a life-altering sentence following the accident, one potentially filled with pain, fear, nightmares and other challenges. The DUI driver faces legal penalties as a result of the decision to drive while impaired: financial penalties, jail and other punishments. However, these penalties can be satisfied and the DUI driver can move on with his life. Not so for the DUI victim.


Georgia's Driving Under the Influence Laws are complex. Clayton County DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.


DUI victims can seek more than their medical expenses, lost wages, property damage and pain and suffering in a civil suit against the offender. A jury may be allowed to award punitive damages that are intended to punish the offender and to discourage impaired driving.

The conduct that could lead to punitive damages being awarded includes that which is considered to be intentionally harmful or shows reckless disregard (gross, wanton, or willful) for those others who use public roadways.

There is no limit on punitive damages in a Georgia DUI accident, but the victim must present convincing evidence that the offender's conduct justifies punitive damages. This figure can be high since the offender's insurance company could be responsible for these damages.

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next? Contact the Law Offices of Shane Smith to schedule a free legal consultation.

Shane Smith
Advocate for the Seriously Injured in Georgia