Top Atlanta Drunk Driving Accident Attorney: Your Ally in Justice

After a drunk driving accident in Atlanta, you need an attorney who immediately steps in to protect your rights and secures the compensation you deserve. This article will guide you through what an Atlanta drunk driving accident attorney does for you: from the moment they take on your case, through the intricate legal process, all the way to the resolution. Expect to learn about the strategies they use, the negotiations they handle, and the relentless pursuit of justice on your behalf, without any presumption of outcomes. 

Key Takeaways

  • Immediate action after an Atlanta drunk driving accident is essential, including medical attention, police notification, and gathering evidence to establish the liable party’s negligence and direct causation of the accident.
  • A specialized Atlanta DUI accident attorney plays a key role in holding the drunk driver accountable by investigating the driver’s history, negotiating with insurance companies, and pursuing litigation to achieve fair compensation for economic, non-economic, and punitive damages.
  • Time-sensitive filing of claims is critical in DUI accident cases, with a general two-year statute of limitations in Georgia for personal injury and wrongful death claims; a specialized attorney with in-depth knowledge of Georgia DUI laws is essential for navigating complex settlement issues and securing just compensation.

Navigating Legal Action After a Drunk Driving Accident in Atlanta

Right after an Atlanta drunk driving accident, immediate action is crucial. Picture this: the sirens wailing, the flashing lights, the sense of shock and disbelief. Amid this turmoil, it’s important to seek medical attention, contact the police, and gather as much evidence as you can at the scene.

Proving the negligence of drunk drivers goes beyond their mere intoxication. The intoxicated driver’s actions must be the direct cause of the accident. If settlement issues arise, a skilled Atlanta DUI accident lawyer can be your ally in establishing liability and advocating for your rights. 

Immediate Steps to Take at the Accident Scene

At the accident scene, details matter. Here are some steps to follow:

  1. Take photos and videos of the scene, the vehicles involved, and any visible injuries. These form part of the critical evidence in your drunk driving accident case.
  2. If it’s safe, move your vehicle off the road.
  3. Exchange insurance and contact information with the other driver.

In Georgia, it’s mandatory to notify local law enforcement in accidents involving injury, death, or property damage over $500. Securing a police report is crucial. The police can gather vital evidence, perform sobriety tests, and make arrests if necessary. Their presence can heavily influence the settlement amount and provide a strong starting basis for proving fault, especially to their responsible insurance carrier.

Establishing Liability and Proving Negligence

In a DUI accident case in Atlanta, proving negligence requires establishing four key elements:

  1. The driver owed a duty of care.
  2. The driver breached this duty through a negligent act.
  3. The driver’s actions were the cause for the accident.
  4. Injuries were inflicted as a result.

An attorney assists in collecting crucial evidence such as:

  • 911 and police recordings
  • police reports
  • driver’s information
  • photos of injuries and damage
  • surveillance footage
  • witness statements

This evidence is used to establish the liability of the drunk driver. Getting the blood alcohol concentration (BAC) test results from the drunk driver, although challenging, can be a critical component of the evidence. 

Understanding Your Rights and Legal Options

For DUI accident victims, knowing your rights is paramount. A dedicated DUI accident attorney like Scholle Law, ensures that your rights are upheld throughout the legal process. They obtain police reports to determine if the drunk driver was under the influence at the time of the accident.

The DUI accident attorney offers guidance and support, managing all aspects of the case. This provides peace of mind for clients, allowing them to focus on recovery and their families. Their expertise includes navigating complex settlement issues and recognizing any circumstances that may alter the standard statute of limitations. 

Holding the Drunk Driver Accountable: The Role of Your Attorney

With a skilled DUI lawyer, the chances of success in a DUI case are significantly higher. They play a crucial role in:

  • Building a strong case strategy
  • Presenting the case effectively
  • Negotiating a settlement
  • Filing a lawsuit if needed

The right personal injury lawyer, specializing in drunk driving accidents,, can help DUI accident victims in Atlanta seek justice and compensation for their losses.

The attorney takes on the responsibility of investigating the drunk driver’s history, liaising with the insurance companies involved, and pursuing litigation if necessary. They navigate the complex legal landscape, ensuring the drunk driver is held accountable for their actions. 

Investigating the Drunk Driver’s History

Investigating the drunk driver’s history can unearth a pattern of habitual dangerous behavior. The attorney examines the driver’s record for a history of traffic violations and DUI offenses. If a pattern of negligence emerges, it can significantly bolster the plaintiff’s case.

To support the injured party’s claim, lawyers access the drunk driver’s conviction records from public databases and monitor the progression of their DUI case. Evidence such as eyewitness testimonies and prior DUI records, along with collaboration with law enforcement during the investigation, are crucial for DUI accident cases. 

Liaising With Insurance Companies Involved

Insurance companies often attempt to offer low settlements. However, being represented by an attorney skilled in handling DUI accident claims can prevent this. Understanding the full value of a claim is essential before beginning negotiations. This is facilitated by the attorney’s expertise in the field.

Experienced auto accident attorneys utilize aggressive negotiation tactics to secure the highest possible settlement. They’re familiar with counteracting the tactics of insurance companies. All negotiations should be documented in writing to maintain a professional and verifiable record, a practice adhered to by firms with a proven success rate in DUI cases. 

Pursuing Maximum Compensation Through Litigation

If the insurance company fails to offer a fair settlement, attorneys are prepared to advise their clients to file a lawsuit against the drunk driver. The litigation process includes:

  • Drafting and filing a complaint
  • Serving the defendant
  • Undergoing the discovery process
  • Potentially proceeding to trial.

During the discovery and deposition phases, further evidence is gathered, and testimonies are taken from all relevant parties. While defense attorneys may attempt to discredit the victim’s claim, the victim’s attorney counters such attempts to maintain the integrity of the case. Victims may be entitled to higher settlements due to the recklessness inherent in drunk driving cases.

The timeline for resolving a litigation case varies, taking anywhere from months to years. 

Compensation Claims in Drunk Driving Accidents

DUI accident victims have a right to compensation for their losses. A DUI victim may recover three main types of damages:

  1. Economic damages: cover fixed monetary expenses like medical bills, lost wages, and property damage.
  2. Non-economic damages: address the severity of losses such as pain and suffering, and loss of consortium.
  3. Punitive damages: aim to punish the at-fault party.

These damages aim to compensate for financial losses, emotional suffering, and to punish the at-fault party.

Atlanta drunk driving accident attorneys can assist in breaking down these compensatory damages. They also seek additional punitive damages, which serve to punish the at-fault drunk driver for reckless behavior. While the average cost of auto liability claims varies for property damage, DUI accidents can see much higher figures depending on the case. 

Economic Damages: Covering Tangible Losses

Economic damages in DUI accident cases include:

  • Medical expenses
  • Lost wages
  • Diminished employment ability
  • Vehicle repairs

Attorneys enlist expert witnesses to provide a precise valuation of the victim’s injuries to substantiate their compensation claim.

While the average figures for claims provide a baseline, the actual costs for individual cases can vary and may be significantly higher. This emphasizes the importance of securing fair compensation to cover all tangible losses. 

Non-Economic Damages: Valuing Intangible Suffering

Non-economic damages can include intangible losses such as pain and suffering, and loss of consortium or affection. These damages may not have a fixed monetary value and can potentially escalate to the hundreds of thousands of dollars, varying significantly based on the accident’s impact on the victim’s life.

Successful DUI accident attorneys bring profound understanding of the physical, emotional, and financial ramifications of DUI accidents. Their expertise enables them to adeptly advocate for their clients’ comprehensive interests. 

Punitive Damages: Punishing Reckless Behavior

Punitive damages may be awarded in both personal injury and wrongful death lawsuits to punish the at-fault driver and deter similar behavior, particularly in cases of gross negligence or DUI. In Georgia, a single instance of causing injury while driving under the influence is considered an aggravating circumstance that may lead to punitive damages.

Punitive damages in DUI cases require clear and convincing evidence showing the defendant’s actions demonstrated:

  • willful misconduct
  • malice
  • fraud
  • wantonness
  • oppression
  • a complete lack of care indicating a conscious indifference to the consequences

Understanding the provisions of Georgia law regarding punitive damages without cap limitations in DUI cases is essential to fully comprehend the potential impact on compensation for victims. 

The Statute of Limitations and Your DUI Accident Case

Time is of the essence in DUI accident cases. In Georgia, victims of DUI accidents have a general statute of limitations of two years to file a personal injury claim. For wrongful death claims resulting from DUI accidents, Georgia law sets the statute of limitations at two years from the deceased’s date of death.

Failure to file a lawsuit within the two-year statute of limitations can result in a permanent loss of the right to seek compensation for damages. Engaging a DUI accident attorney promptly after the incident is essential to ensure your claim is filed within Georgia’s statutory time limits, thereby preserving your right to compensation.

Why Choose an Experienced Atlanta DUI Accident Attorney?

Choosing an experienced Atlanta DUI accident attorney, like Scholle Law Car & Truck Accident Attorneys ensures that you have an ally with in-depth knowledge of Georgia’s constantly evolving DUI laws. These attorneys offer:

  • Legal strategies proven effective in DUI cases
  • Specific experience in this field
  • Access to a network of resources
  • Ability to bring in expert witnesses to analyze evidence and corroborate the client’s claims

Their expertise extends to navigating complex settlement issues, such as subrogation liens, that can significantly affect the outcome of the claim. Firms like Scholle Law are committed to providing personalized legal services, ensuring that clients receive tailored strategies and support throughout the process.  

Experience with Georgia’s Drunk Driving Laws

Specialized attorneys have an in-depth knowledge of Georgia’s DUI laws and can navigate complex cases. They are well-versed in the state’s Implied Consent Law, which obligates drivers to comply with BAC testing. They also understand Georgia’s Dram Shop Law, crucial for holding establishments liable when they serve alcohol to visibly intoxicated persons or minors who subsequently cause accidents.

These attorneys also have comprehensive knowledge about the modified comparative negligence law in Georgia, which is pivotal when a plaintiff may share a degree of fault. This expertise is crucial in navigating the complex legal landscape of DUI accidents. 

Successful Track Record in Drunk Driving Accident Cases

Experienced drunk driving accident lawyers have a proven track record in securing favorable outcomes for DUI accident victims. They have years of experience representing injured victims and securing favorable outcomes. Lawyers with a track record of success may also have experience in wrongful death claims related to drunk driving, providing a range of expertise for clients dealing with severe outcomes.

Their successful track record is a testament to their commitment and expertise in handling DUI accident cases. It’s an assurance to prospective clients that they have a higher chance of getting the compensation they deserve.

Personalized Legal Services Tailored to Your Needs

Personalized legal services ensure that clients receive tailored strategies and support throughout the process. DUI accident attorneys in Atlanta offer the following services:

  • In-depth case evaluations to understand the unique circumstances of each client and tailor legal strategies accordingly
  • Open communication, ensuring that clients receive updates and have their questions answered
  • Fostering trust and support during the legal process

These services provided by our law firm help clients navigate the legal system and achieve the best possible outcome for their case.

Moreover, Scholle Law offers 100% of services on a contingency fee basis, highlighting their commitment to financial accessibility. This means clients are not asked for upfront payment, further relieving the financial burden on DUI accident victims. 

Common Questions About Drunk Driving Accidents and Legal Representation

Here, we address common questions about DUI accidents and legal representation. Questions often arise about Georgia’s BAC limits, DUI-related fatalities, and the role of an attorney in evaluating fault and providing advice. For example, in 2019, Georgia recorded 353 alcohol-impaired driving fatalities, with a rate of 3.3 per 100,000 population, which is slightly higher than the national rate of 3.1.

Even if you were partially responsible for a DUI accident, you may still have a claim for compensation to cover your injuries and damages. In such cases, seeking legal advice is crucial. Consulting with an experienced Atlanta DUI accident lawyer is crucial after a DUI accident, particularly to evaluate the circumstances and degree of fault, and to receive advice on the best course of action. 


Navigating the aftermath of a drunk driving accident in Atlanta can be daunting. However, with the right legal representation, victims can hold the drunk driver accountable, claim fair compensation for their losses, and achieve justice. An experienced Atlanta DUI accident attorney offers invaluable guidance, providing expert advice based on Georgia’s DUI laws, and delivering personalized legal services to meet the unique needs of each client. If you or a loved one are a victim of a DUI accident, don’t hesitate to seek legal consultation. You have a right to justice and compensation, and an Atlanta DUI accident attorney can help you achieve it.

Frequently Asked Questions 

What is the average settlement for a drunk driving accident in Georgia?

The average settlement for a DUI accident in Georgia is difficult to pinpoint as it varies widely depending on the specifics of each case. Factors such as the severity of the injuries, total medical expenses, lost wages, the extent of property damage, pain and suffering, and the presence of punitive damages all play a role in determining the settlement amount. While some cases may settle for modest amounts, others can reach substantial figures, especially when severe or long-term injuries are involved. It’s important to consult with an experienced DUI accident attorney to get a more accurate estimate based on the particulars of your case.

Yes, you can be charged with a DUI after an accident in Georgia if there is evidence of impairment or reckless driving, especially if the accident caused serious bodily injury to another person. It is important to consider the circumstances of the accident as it can be used to support a DUI charge.

Yes, it’s crucial to hire a GA DUI Personal Injury Lawyer with significant experience to ensure the best possible outcome for your case. Don’t take the chance of representing yourself and get short-changed with a lowball offer. Insurance carriers only pay a settlement amount one time.

In Georgia, the BAC legal limits are 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21, so it’s important to be aware of these limits to avoid legal issues.