Getting hit by a drunk driver can be a traumatic experience, leaving victims with serious injuries, medical expenses, and emotional distress. DUI accident victims often ask our personal injury lawyers about what type of settlement they can expect.
We break down the key aspects of drunk driving accident settlements and how an experienced car accident attorney in Atlanta can help you pursue the maximum compensation.
If you or a loved one has been in a drunk driving accident in Georgia, contact our team at the Weinstein Firm today for a free consultation.
Average Settlement for Drunk Driving Accidents in Georgia
Drunk driving accident settlement amounts can vary widely. Average settlements for drunk driving accidents range from thousands to hundreds of thousands of dollars. Serious injuries like traumatic brain injury or spinal damage usually command higher settlement amounts due to long-term medical expenses and rehabilitation costs.
For instance, a victim with a traumatic brain injury may see a drunk driving accident settlement well above $100,000. Similarly, cases involving the loss of a limb or severe spinal injury can result in settlements exceeding $200,000.
It’s essential to understand that each case is unique. Factors such as insurance policy limits, the severity of injuries, and the quality of legal representation all play a crucial role in determining the final settlement.
Consulting with an experienced personal injury lawyer can help you understand your options and work toward securing a fair settlement. Legal experts can navigate the complexities of these cases to maximize compensation for victims.
Factors in Drunk Driving Accident Settlements
Drunk driver settlement amounts depend on multiple factors, including the severity of injuries and the liability coverage of the drunk driver.
Severity of Injuries
The extent of injuries plays a major role. Severe injuries like traumatic brain injury, spinal injury, or limb loss often result in higher medical bills. These injuries also necessitate long-term rehabilitation. Consequently, the settlement amount for such injuries tends to be substantial. Additionally, the long-term impact on the victim’s quality of life justifies higher compensation for pain and suffering.
Liability and Shared Fault
Georgia follows a modified comparative negligence rule. If the victim is partially at fault, the settlement amount may be reduced. For instance, if a victim is found to be 20% at fault, their compensation might be reduced by 20%.
Insurance Coverage
The policy limits of the drunk driver’s insurance heavily influence the settlement. If the insurance coverage is inadequate, the victim might need to explore other options. This could include filing a personal injury lawsuit or an underinsured motorist claim.
Evidence and Legal Representation
Thorough documentation and evidence can significantly increase the chances of a fair settlement. Collecting medical records, accident reports, and witness statements is vital.
Legal representation also plays a critical role. An experienced personal injury lawyer can help maximize the settlement by presenting a strong case.
In summary, several factors determine the settlement amount in drunk driving accidents. Understanding these can help victims navigate their personal injury claims effectively.
What Compensation Can You Demand If You’re Hit by a Drunk Driver?
After a crash with a drunk driver in Georgia, the injured party can seek several pursue compensation for economic and non-economic damages.
Economic damages cover tangible losses such as medical bills, lost wages, and property damage. Non-economic damages address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
In addition to car accident cases involving drunk drivers, victims can also seek punitive damages.
Medical Expenses
Medical bills can pile up quickly if you’re hit by a drunk driver. Immediate costs often include emergency room visits, surgeries, and hospitalization. Long-term medical bills might cover ongoing rehabilitation and therapy.
Injuries from drunk driving accidents can require extensive treatments, making medical costs a major factor in settlements.
Lost Wages and Income
Serious injuries from drunk driving accidents often lead to significant time off work. Victims can pursue compensation for lost wages during recovery. Additionally, if the injuries result in long-term or permanent disability, victims may claim future lost income. This ensures they get compensated for their inability to return to their previous job or work capacity.
Pain and Suffering
Accident victims endure physical pain and emotional distress. Settlements often include compensation for pain and suffering. This covers the physical agony and emotional turmoil caused by the accident. The impact on the victim’s quality of life is considered, ensuring fair compensation for ongoing struggles.
Property Damage
When a drunk driver hits you, property damage is inevitable. Compensation covers costs to repair or replace your vehicle. It may also include personal belongings damaged in the accident. This ensures victims are not left financially burdened by property losses.
Punitive Damages
In some cases, punitive damages are awarded. These are meant to punish the at-fault party for their reckless actions. This additional compensation serves as a deterrent against such negligent behavior.
Georgia law limits punitive damages to $250,000 in most cases. However, drunk drivers are one of the exceptions. There is no cap on punitive damages in drunk driving accidents.
Who Can You Sue for a Drunk Driving Accident in Georgia?
In accidents involving drunk drivers, the intoxicated driver is almost always to blame. However, other people could also be liable in your DUI car accident case.
The Drunk Driver
When a drunk driver hits you, they are primarily responsible for the accident. You can file a personal injury lawsuit against them to seek compensation for your medical expenses, lost wages, pain and suffering, and property damage. The drunk driver’s insurance company will typically handle the claim, but if their coverage is insufficient, you may need to pursue additional legal avenues.
Bars/Restaurants
In some cases, you can also sue bars or restaurants. Georgia’s dram shop laws allow you to hold these establishments accountable if they served alcohol to the drunk driver knowing they were already intoxicated or if the driver was underage. This means both the drunk driver and the establishment could share liability for the accident.
Employers
If the drunk driver was on the job when the accident occurred, you might be able to sue their employer. This is particularly relevant if the driver was operating a company vehicle or performing work-related tasks at the time. Employers have a responsibility to ensure their employees do not drive under the influence.
Vehicle Owners
If the drunk driver was borrowing someone else’s car, you could potentially sue the vehicle owner. This is especially true if the owner knew or should have known that the driver was intoxicated and still allowed them to drive.
Insurance Coverage for Car Accidents in Georgia
In Georgia, auto insurance laws mandate certain minimum coverage requirements to protect drivers in case of car accidents, including those involving drunk drivers. Georgia’s at-fault laws mean the insurance company of the at-fault drunk driver should pay for the accident.
Understanding insurance coverage can be crucial when pursuing compensation after being hit by a drunk driver.
Minimum Insurance Requirements for Georgia
Georgia law requires all drivers to carry minimum liability insurance coverage. This includes:
- Bodily Injury Coverage: At least $25,000 per person and $50,000 per accident. This coverage helps pay for medical expenses, pain and suffering, and other damages for the injured parties.
- Property Damage Coverage: At least $25,000 per accident. This covers the costs of repairing or replacing the property damaged in the accident, including vehicles and personal belongings.
Uninsured and Underinsured Motorist Coverage
While not mandatory, uninsured motorist coverage is highly recommended. This type of insurance kicks in when the at-fault driver has no insurance. It helps cover medical bills, property damage, and other expenses.
Underinsured motorist coverage comes into play when the at-fault driver’s insurance is insufficient to cover the damages. This ensures that the accident victim is not left paying out-of-pocket for expenses that exceed the drunk driver’s policy limits.
What to Do If You’re Hit by a Drunk Driver
Being involved in an accident with a drunk driver can be overwhelming. However, taking the right steps immediately after the incident can make a significant difference in your drunk driving accident claim.
- Ensure Safety: First, check yourself and any passengers for injuries. If possible, move your car to the side of the road to avoid further accidents.
- Contact Police: Call the police right away. Reporting the accident is crucial, especially in cases involving a drunk driver. The police report will be vital evidence in your claim.
- Exchange Information: Exchange contact and insurance details with the other driver. Make sure to gather the drunk driver’s license plate number and the make and model of their car.
- Gather Evidence: If you’re able, take pictures of the accident scene, damage to the cars involved, and any visible injuries. Collect contact information from witnesses too.
- Avoid Arguments: Do not argue or try to assign blame at the scene. Avoid making statements that could be taken as admitting fault.
- Seek Medical Attention: Even if you feel fine, seek medical attention immediately. Some injuries might not show symptoms right away. Medical records will also support your claim.
- Notify Your Insurance Company: Contact your insurance company to report the accident. Provide them with all the necessary details.
- Consult an Attorney: Contact an experienced personal injury attorney. They can guide you through the process, help gather evidence, and deal with the drunk driver’s insurance company.
- Keep Records: Keep detailed records of all medical bills, repair costs, and any other expenses related to the accident. These will be crucial in calculating the total compensation you deserve.
How an Atlanta Car Accident Lawyer Can Help
An experienced car accident attorney can be your strongest ally after an accident involving a drunk driver. They will collect essential evidence and handle negotiations. This can significantly increase the average settlement amount in a car accident claim. If negotiations fail, your personal injury lawyer will be prepared to represent you in court.
Gathering Evidence
An experienced personal injury attorney is crucial in collecting and organizing evidence. This includes medical records, accident reports, and witness statements. These documents can support your claim and demonstrate the severity of your injuries.
Documenting Your Losses
A key role of a car accident attorney is to document your losses. This includes lost income, medical costs, and more. They collaborate with medical experts to quantify pain and suffering, making a stronger case for fair compensation.
Settlement Negotiations with the Insurance Company
Dealing with the drunk driver’s insurance company can be daunting. A personal injury lawyer handles all communications, aiming to maximize the settlement value through effective negotiation. They understand the tactics insurance companies use to minimize payouts and can counter these strategies to secure a fair settlement.
Representing You in Court if Necessary
If negotiations fail, your attorney will be ready to represent you in a lawsuit. The role of an experienced car accident attorney becomes even more significant here. They present evidence, argue on your behalf, and strive to win the maximum compensation.
Contact the Weinstein Firm Today for a Free Consultation
Being hit by a drunk driver can be overwhelming. The injuries, financial burdens, and emotional distress can take a toll. However, you don’t have to face this daunting situation alone. The Weinstein Firm specializes in helping drunk driving accident victims get the compensation they deserve.
Our skilled attorneys have extensive experience in car accident cases and have millions of dollars for clients across Georgia. Don’t wait. Contact us today at 770-HELP-NOW for a free consultation!
