Drunk driving continues to be a serious problem in Georgia despite the strict laws against it and the availability of ridesharing services like Uber and Lyft. Driving under the influence of alcohol can significantly increase the risk of a severe car accident, resulting in serious injuries or even fatalities. The tragedy is compounded by the fact that these accidents could have been avoided if the intoxicated driver had not gotten behind the wheel.

If you or a loved one has been seriously injured in a drunk driving accident, you may be entitled to financial compensation. The Effingham County drunk driver accident lawyers at Kicklighter Law are committed to protecting your legal rights, helping you navigate the claims process, and pursuing the maximum damages you deserve.

What Is Considered Drunk Driving in Georgia?

If you were involved in an accident caused by a drunk driver, it’s essential to prove that the driver was intoxicated to pursue a personal injury claim. In Georgia, a motorist is considered to be under the influence of alcohol if any of the following conditions are met:

• The motorist has a blood alcohol content (BAC) of .08 or higher after taking a breathalyzer test.
• The motorist refused to take a blood alcohol test and/or failed to provide a blood or urine sample.
• The motorist is under the age of 21, and any detectable alcohol is present in their system (Georgia has a zero-tolerance policy for underage drinking and driving).
• The motorist is a commercial driver and has a BAC of .04 or higher.
• A failed field sobriety test may be presented in a civil lawsuit. However, a failed field sobriety test alone is not sufficient for someone to be found guilty of drunk driving in a criminal court. A civil lawsuit may help establish negligence, but other evidence is required for a stronger case.

What Are Some Important Georgia DUI Laws?

Drunk driving is a severe offense in Georgia, and the penalties are substantial. If you are involved in a drunk driver accident, it’s crucial to understand your rights and how to recover the compensation you deserve. A first DUI offense can lead to significant fines, license suspension, mandatory alcohol education programs, and even imprisonment if circumstances warrant it. The penalties grow more severe with each subsequent offense. The following are key DUI laws enforced in Georgia:

• Implied Consent Law: By operating a motor vehicle in Georgia, drivers automatically consent to breath, blood, or urine testing if they are arrested for DUI. Refusal to take a chemical test can result in immediate license suspension and other legal consequences.
• Dram Shop Laws: These laws hold bars, restaurants, and other alcohol-serving establishments accountable if they serve alcohol to visibly intoxicated individuals or minors and that intoxicated person later causes an accident. If it can be proven that the establishment continued serving alcohol to a visibly intoxicated person, they may be held liable for the resulting damages.
• Car Accident Liability: Georgia follows the modified comparative negligence rule. This means you may recover damages even if you are partly at fault for the accident. However, your total recovery will be reduced by your percentage of liability. For example, if a drunk driver hits you while you’re texting and driving, and you’re found 30% responsible, your damages will be reduced by that amount. If the total damages were $10,000, you would recover $7,000.

What Steps Should I Take Immediately Following a Drunk Driver Accident?

The moments following a drunk driver accident can be traumatic and overwhelming, especially if you sustain severe injuries. It’s important not to panic and take the following steps to ensure help arrives quickly:

• Call 911. Report the accident immediately, informing dispatch that you were hit by a drunk driver and that you’ve suffered injuries so they can send an ambulance.
• Move your vehicle to a safe spot. If you are physically able to, move your vehicle off the road to avoid further accidents.
• Seek immediate medical attention. Once police and emergency medical technicians (EMTs) arrive, let them examine you to assess the severity of your injuries. Failing to seek medical attention can result in worsening injuries and may negatively affect your personal injury claim.
• Collect evidence. Take photos of the accident scene, including vehicle damage, injuries, skid marks, or their absence. If the other driver shows signs of intoxication, such as slurred speech or difficulty standing, document this behavior.
• Exchange information. Get the other driver’s license, insurance, and contact details. If the driver is too intoxicated to provide this, inform the responding officer.
• Obtain witness statements. If there were witnesses to the accident, ask if they would be willing to provide a statement and gather their contact information.
• Contact an experienced Effingham County drunk driver accident lawyer. We will help collect evidence, including police reports, bodycam footage, breathalyzer results, and toxicology reports, to prove that the other driver was intoxicated. Our legal team will work to negotiate with insurance companies and represent you in court if necessary.

What Is the Statute of Limitations for Filing a Drunk Driver Accident Claim?

In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. If you file after the statute of limitations has expired, your claim will likely be denied, and you will be unable to recover damages. Your attorney will guide you through the claims process, ensure that your claim is filed on time, and pursue the maximum compensation for your injuries.

Effingham County Drunk Driver Accident Lawyers at Kicklighter Law Seek Compensation for Victims of Drunk Driving Accidents

If you or a loved one was severely injured in a drunk driving accident, do not hesitate to contact the Effingham County drunk driver accident lawyers at Kicklighter Law. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we proudly serve clients in Effingham County, Savannah, and the surrounding areas.