Each life lost to drunk driving accidents is a tragedy. According to the Center for Disease Control and Prevention (CDC), more than 10,000 people die in the United States each year as a result of drunk driving accidents. In Georgia alone, 3,241 people were killed as a result of these accidents from 2009-2018.
At Butler Kahn, we are proud to support victims of drunk driving accidents in their time of need. Our Roswell drunk driving accident lawyers have decades of experience helping people recover fair compensation for their injuries and losses. We are ready to help you. If you were injured by a drunk driver in Roswell, contact our firm today for a free consultation.
If you were injured by a drunk driver in Roswell, Georgia, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. Drunk driving accidents often cause catastrophic injuries because intoxicated drivers have slower reaction times, impaired judgment, and reduced ability to control their vehicles. The Roswell personal injury law firm of Butler Kahn helps victims of drunk driving crashes pursue full and fair compensation from the at-fault driver, their insurance company, and any other responsible parties.
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Is Drunk Driving a Crime in Roswell?
In Roswell, operating a motor vehicle while intoxicated is a serious crime known as “driving under the influence” (DUI). Unfortunately, the law does not deter all drivers from consuming alcohol before getting behind the wheel. In 2020, Georgia recorded 12,008 DUI convictions statewide, and drunk driving remains a leading cause of serious car accidents in Roswell and throughout North Fulton County.
In most cases, authorities measure intoxication by testing blood-alcohol concentration (BAC). The law specifically states, “A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person’s blood, breath, or urine.” For non-commercial drivers, a BAC level of 0.08 percent or higher results in a violation known as a DUI per se, meaning that alcohol concentrations at this level or higher serve as automatic evidence of the crime.
However, BAC tests are not the only way to prove a DUI. A motorist who engages in unsafe driving behaviors while there is a measurable amount of alcohol in their system can also be convicted of a DUI. In other words, while certain BAC levels serve as direct evidence of a DUI, prosecutors can also rely on circumstantial evidence such as erratic driving, slurred speech, or failed field sobriety tests.
Criminal Penalties for DUI in Georgia
In Georgia, being convicted of a DUI is typically a misdemeanor, so long as the intoxicated driver does not injure or kill anyone. The criminal penalties escalate with each subsequent offense:
First DUI conviction: 10 days to 12 months in jail (24 hours minimum mandatory), fines of $300 to $1,000, 40 hours of community service, and license suspension
Second conviction (within 5 years): 90 days to 12 months in jail (72 hours minimum mandatory), fines of $600 to $1,000, and 30-day community service
Third conviction (within 5 years): 120 days to 12 months in jail (15 days minimum mandatory), fines of $1,000 to $5,000, and designation as a “habitual violator”
Fourth DUI conviction (within 10 years): Automatic felony with 1 to 5 years in state prison
When a drunk driver causes serious injuries or death, the criminal charges become more severe. Serious injury by vehicle while DUI is a felony that can result in 1 to 15 years in prison. Vehicular homicide while DUI carries 3 to 15 years imprisonment. These criminal penalties are separate from the civil liability the drunk driver faces in a personal injury lawsuit.
Is the Drunk Driver Always Considered at Fault in a Drunk Driving Accident?
No, a drunk driver is not automatically at fault for an accident simply because they were intoxicated at the time it occurred. For a drunk driver to be held liable in a civil lawsuit, their actions must have actually contributed to the crash. If their intoxication was merely incidental to the collision—meaning it did not cause or contribute to the accident—it would not establish liability.
For example, a drunk driver who is rear-ended by another vehicle while properly stopped at a red light is not at fault simply because they were intoxicated. In that scenario, the driver who caused the rear-end collision would bear responsibility. A Roswell drunk driving accident lawyer can investigate the circumstances of your crash and help establish who was truly at fault.
That said, in the vast majority of drunk driving accident cases, the intoxicated driver’s impairment directly contributes to the collision. Alcohol impairs reaction time, judgment, coordination, and the ability to perceive hazards—all of which frequently cause accidents. Georgia also applies comparative negligence rules, meaning that if you were partially at fault for the accident, your compensation may be reduced proportionally. However, you can still recover damages as long as you were less than 50% responsible for the crash.
Who Can Be Held Liable If the Drunk Driver Has No Insurance in Roswell?
Drivers in Georgia are legally required to carry auto insurance with minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury. Unfortunately, many drivers ignore this requirement. If you are injured by an uninsured drunk driver, you may still have options for recovering compensation.
Filing a Lawsuit Against the Drunk Driver
Your drunk driving accident attorney will likely file a lawsuit directly against the drunk driver. However, uninsured drivers typically lack the financial resources to pay a significant judgment. Even if you win in court, collecting compensation from an uninsured, financially limited defendant can be difficult or impossible.
Uninsured/Underinsured Motorist Coverage
Your best option for recovering compensation after an accident with an uninsured drunk driver may be to file a claim with your own insurer through your uninsured/underinsured motorist (UM/UIM) policy. Georgia law requires insurers to offer this coverage, and you must specifically reject it in writing if you do not wish to purchase it. UM/UIM coverage protects you when the at-fault driver cannot pay for your losses.
Georgia’s Dram Shop Laws
In some cases, you may also file a lawsuit under Georgia’s dram shop laws. These laws allow you to recover compensation from a bar, restaurant, or other alcohol vendor whose negligent actions contributed to the accident. Specifically, alcohol vendors may be held liable for serving alcohol to anyone “in a state of noticeable intoxication” or to a minor who later causes an accident. If a Roswell bar continued serving a visibly intoxicated patron who then crashed into you, that establishment may share liability for your injuries.
What Are the Most Common Injuries Resulting from a Drunk Driving Accident?
Drunk driving accidents frequently cause catastrophic injuries because impaired drivers often fail to brake, swerve, or take other evasive actions before a collision. The force of impact tends to be greater when a driver does not react appropriately to an impending crash. Common injuries from drunk driving accidents include:
Spinal cord injuries that can result in partial or complete paralysis
Back and neck injuries including herniated discs and vertebral fractures
Internal organ damage and internal bleeding
Severed, crushed, or amputated limbs
Broken bones, including compound fractures requiring surgical repair
Lacerations, puncture wounds, and facial injuries
Sprains, strains, bruises, and other soft-tissue injuries
Permanent disfigurement and scarring
Burn injuries from vehicle fires or contact with hot surfaces
Post-traumatic stress disorder (PTSD) and other emotional trauma
Many drunk driving accident injuries require extensive medical treatment, multiple surgeries, and long-term rehabilitation. Some victims face permanent disabilities that prevent them from returning to work or living independently. A wrongful death claim may be pursued when a drunk driving accident takes someone’s life.
What Compensation Is Available for a Drunk Driving Accident Victim?
The compensation you receive will be calculated based on the severity of your injuries, the impact on your daily life, and the losses you have suffered. If you were injured in an accident caused by a drunk driver, the personal injury attorneys of Butler Kahn can help you seek compensation for:
Medical expenses: Emergency room visits, hospitalization, surgery, medication, physical therapy, rehabilitation, and future medical care
Lost wages: Income you have already lost and wages you will lose during your recovery
Reduced earning potential: Compensation if your injuries prevent you from earning what you could have earned before the accident
Permanent disfigurement and disability: Damages for lasting physical impairments that affect your appearance or abilities
Pain and suffering: Compensation for the physical pain caused by your injuries
Emotional distress: Damages for anxiety, depression, PTSD, and other psychological effects
Loss of enjoyment of life: Compensation when injuries prevent you from participating in activities you previously enjoyed
Loss of consortium: Damages for the impact on your relationship with your spouse
Damaged personal property: Repair or replacement of your vehicle and other belongings
Funeral and burial expenses: If a drunk driving accident results in a loved one’s death
Wrongful death damages: Compensation for surviving family members when a drunk driver kills someone
Can I Recover Punitive Damages in a Drunk Driving Accident Case?
Yes, drunk driving accident cases are among the most likely personal injury cases to result in punitive damages. Unlike compensatory damages that reimburse you for your losses, punitive damages are designed to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Under Georgia law, punitive damages may be awarded when the defendant’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Choosing to drive while intoxicated often meets this standard because the drunk driver consciously disregarded the known risk of harming others. Georgia generally caps punitive damages at $250,000, but this cap does not apply when the defendant was under the influence of alcohol or drugs at the time of the accident.
What Is the Time Limit for Filing a Drunk Driving Injury Lawsuit in Georgia?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit against a drunk driver in Georgia. For wrongful death claims, the two-year period typically begins on the date of the victim’s death. This deadline, known as the statute of limitations, is strictly enforced. Missing it almost always means forfeiting your right to seek compensation through the court system.
However, certain circumstances can affect this deadline. If the drunk driver fled the scene (a hit-and-run accident), the statute of limitations may be tolled while you work to identify the responsible party. Claims involving minors or individuals with legal disabilities may also have extended deadlines. Because these rules are complex, you should speak with a drunk driving accident attorney as soon as possible after a crash to protect your rights.
Drunk Driving Accident Cases We Handle in Roswell and North Fulton
Butler Kahn’s Roswell office serves victims of drunk driving accidents throughout North Fulton County and the surrounding communities. Our attorneys regularly handle cases involving crashes on GA 400, Holcomb Bridge Road, Alpharetta Highway, and Canton Street—some of the busiest and most dangerous roads in the area. We represent clients injured in drunk driving accidents in:
Roswell: Including Historic Roswell, Canton Street district, Horseshoe Bend, Edenwilde, and Willow Springs
Alpharetta: Windward, Downtown Alpharetta, Avalon, and North Point areas
Johns Creek: Medlock Bridge, State Bridge, and Ocee communities
Milton: Birmingham, Crabapple, and Deerfield areas
Sandy Springs: Including Dunwoody and Perimeter Center areas
Mountain Park: And other communities along the Chattahoochee River corridor
Throughout North Fulton County: Including unincorporated areas and communities near Big Creek Greenway, Roswell Area Park, and East Roswell Park
Our Roswell office is conveniently located on Canton Street, near the heart of historic downtown Roswell. We also serve clients from our offices in Atlanta, Lawrenceville, and Jonesboro.
Frequently Asked Questions About Drunk Driving Accidents in Roswell
What should I do immediately after being hit by a drunk driver?
Call 911 to report the accident and request medical assistance. Do not leave the scene. If you can safely do so, document the scene with photos and gather contact information from witnesses. Do not confront the drunk driver or accept any statements they make about being “fine to drive.” Seek medical attention even if you feel okay, as many injuries do not show symptoms immediately. Then contact a drunk driving accident lawyer to discuss your legal options.
Can I still recover compensation if I was partially at fault for the accident?
Yes, Georgia follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault for the accident. However, your award will be reduced by your percentage of fault. For example, if you were found 20% at fault and your damages totaled $100,000, you would recover $80,000.
How long does a drunk driving accident lawsuit take to resolve?
The timeline varies significantly depending on the complexity of your case, the severity of your injuries, and whether the case settles or goes to trial. Simple cases with clear liability may settle within several months. Complex cases involving catastrophic injuries, disputed fault, or multiple defendants can take one to three years or longer. Your attorney can give you a more specific estimate after reviewing your situation.
What if the drunk driver was arrested but not convicted of DUI?
A criminal conviction is not required for you to succeed in a civil lawsuit. The standards of proof are different: criminal cases require proof “beyond a reasonable doubt,” while civil cases require only proof by a “preponderance of the evidence” (more likely than not). You can pursue and win a personal injury claim even if criminal charges are dropped, reduced, or result in acquittal.
Can I sue a bar or restaurant that served the drunk driver?
Possibly. Georgia’s dram shop law allows lawsuits against alcohol vendors who serve alcohol to someone who is “noticeably intoxicated” or to a minor, if that person then causes an accident. These cases require evidence that the establishment knew or should have known the patron was intoxicated and continued serving them anyway. Your attorney can investigate whether a dram shop claim is viable in your case.
What evidence is important in a drunk driving accident case?
Key evidence includes the police report, the drunk driver’s BAC test results, witness statements, photos and videos from the scene, surveillance footage, the drunk driver’s cell phone records, and your medical records. If the drunk driver was arrested, records from the criminal case can also support your civil claim. An experienced attorney can help preserve and gather this evidence before it is lost or destroyed.
Do I need a lawyer for a drunk driving accident claim?
While you are not legally required to hire a lawyer, drunk driving accident cases are often complex and involve significant compensation. Insurance companies aggressively defend these claims despite the defendant’s obvious wrongdoing. A lawyer can handle negotiations with insurers, investigate the accident, gather evidence, calculate your full damages, and take your case to trial if necessary. Most drunk driving accident lawyers, including Butler Kahn, work on a contingency fee basis, meaning you pay nothing unless we win your case.
What if the drunk driver’s insurance policy limits are not enough to cover my damages?
If the drunk driver’s insurance policy limits are insufficient to cover your losses, you may have other options. Your own uninsured/underinsured motorist coverage can provide additional compensation. You may also be able to pursue a dram shop claim against a bar or restaurant, or file a lawsuit directly against the drunk driver’s personal assets. An attorney can help identify all possible sources of recovery.
How much does it cost to hire a Roswell drunk driving accident lawyer?
Butler Kahn handles drunk driving accident cases on a contingency fee basis. This means you pay no upfront costs and no attorney fees unless we recover compensation for you. If we do not win your case, you owe us nothing. This arrangement allows accident victims to access quality legal representation regardless of their financial situation.
What makes drunk driving accident cases different from other car accident cases?
Drunk driving accident cases often involve more severe injuries, greater potential for punitive damages, and additional liable parties (such as bars or restaurants). The criminal DUI case can provide valuable evidence for the civil lawsuit. Because the drunk driver’s conduct was particularly reckless, juries tend to award higher damages. However, these cases also attract aggressive defense tactics from insurance companies trying to minimize their exposure.
Can I recover compensation if the drunk driver died in the accident?
Yes. You can file a claim against the deceased driver’s estate and their insurance policy. The insurance company remains obligated to compensate you for your injuries up to the policy limits, regardless of whether the at-fault driver survived. Additionally, you may have claims against other parties such as a bar that over-served the driver or the vehicle owner if different from the driver.
What is the average settlement for a drunk driving accident in Georgia?
There is no meaningful “average” because every case is different. Settlement amounts depend on factors including the severity of your injuries, your medical expenses, your lost wages, your pain and suffering, whether you have permanent disabilities, the defendant’s insurance coverage, and whether punitive damages apply. Some drunk driving accident cases settle for tens of thousands of dollars; others involving catastrophic injuries or wrongful death settle for millions.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is located on Canton Street in the heart of historic Roswell, near the intersection with Alpharetta Street. Free parking is available. We serve clients throughout North Fulton County, including Roswell, Alpharetta, Johns Creek, Milton, Sandy Springs, and surrounding communities.
Contact a Roswell Drunk Driving Accident Lawyer
Drunk driving is a serious crime that destroys innocent lives. The car accident lawyers at Butler Kahn are committed to helping victims of drunk driving accidents understand their rights and secure the compensation they deserve. We take fewer cases on purpose so we can do deeper work on each one, and we prepare every case as if it’s going to trial.
We are ready to fight for you. If you or a loved one has been hurt in a drunk driver accident in Roswell, Alpharetta, Johns Creek, or anywhere in North Fulton County, call Butler Kahn today at (770) 766-1056 or contact us online for a free consultation. You pay nothing unless we win your case.
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