You can get punitive damages for DUI accident cases in Georgia if a court finds your evidence compelling enough to award them. These damages serve two purposes: to punish a defendant for extremely harmful wrongdoing and to discourage such behavior in the future.
The state also allows victims to pursue compensatory damages for medical bills, lost income, pain and suffering, and other losses. If you or a loved one suffered injuries in a DUI accident in Georgia, our Atlanta drunk driving accident lawyer can advise you on recoverable damages and lead your case. We can also tell you if punitive damages apply and how we can help you.
Why Georgia Allows DUI Crash Victims to Seek Punitive Damages
Georgia motorists who operate a vehicle while impaired are committing a serious offense. The legal blood alcohol concentration (BAC) limit in Georgia is:
- 0.08% for non-commercial drivers
- 0.04% for commercial drivers
- 0.02% for drivers under 21, the legal drinking age
If a person’s BAC level exceeds these limits, they are legally drunk and should not operate a vehicle. It must be noted that even drivers who feel the effects of alcohol should avoid driving, even if their level of intoxication falls below the limit.
Defendants in DUI cases can face criminal charges and civil lawsuits. The severe consequences of drinking while driving or using drugs are enough to prompt Georgia to allow victims to sue a DUI offender for punitive damages.
Georgia Lifts Cap on Punitive Damages in DUI Accident Cases
In non-DUI motor vehicle accidents, the state law limits these damages to $250,000, per O.C.G.A. § 51-12-5.1(g). However, there is no limit on punitive damages for traffic accidents involving at-fault drivers who cause accidents while driving under the influence (DUI) of alcohol or drugs.
By allowing for uncapped punitive damages in DUI cases, Georgia law emphasizes the seriousness with which it treats such offenses and how it aims to discourage individuals from engaging in similar conduct in the future.
How to Prove Punitive Damages in a Georgia DUI Accident Case
Plaintiffs pursuing punitive damages must provide clear and convincing evidence that the defendant exhibited willful misconduct that was extremely harmful or dangerous to others’ safety and well-being.
Our Atlanta personal injury lawyer can build your case for punitive damages. We know the evidence you will need, which could include the following:
- Testimonies from witnesses detailing the driver’s irresponsible actions
- Official police documents stating that the motorist was driving under the influence or speeding
- Recorded video capturing the collision and the defendant’s reckless driving habit
- Documentation of the defendant’s past similar infractions
- Analysis from experts on the severity of the defendant’s actions
Other Ways a Georgia DUI Auto Accident Lawyer Can Help
If you are trying to get punitive damages for a DUI accident in Georgia, we urge you to reach out to us for legal help now. It takes time to build a case for punitive damages and complete tasks like the following:
- Consulting experts who can review the defendant driver’s conduct and its effects
- Identifying judicial precedents that support their client’s punitive damages claim
- Preparing compelling court arguments to prove your case
Working with an attorney can advise you on when you can make an injury claim for punitive damages after an accident in Atlanta and tell you what to expect.
Recovering Compensatory Damages for a Drunk-Driving Accident
In addition to seeking punitive damages, you can file an insurance claim or lawsuit for the compensatory losses you suffered. Some are actual financial losses, while others are intangible losses with no fixed dollar amount. Our DUI car accident attorney can review your damages and tell you how much financial compensation you can seek.
Common recoverable compensatory damages in these cases include:
- Medical care and rehabilitative therapy: These expenses include emergency room visits, hospital stays, imaging tests, surgeries, medications, and medical devices. You also can seek repayment for physical therapy and other rehabilitation costs.
- Lost income: You can demand the income you lost if you missed work to heal from the accident. If injuries affect your ability to work, you could recover lost earning capacity damages.
- Pain and suffering: Car accidents can cause physical pain and emotional distress. You can seek compensation for therapy or counseling you received.
- Property damage: If the accident damaged your personal property, you could receive payment for repair or replacement costs.
Wrongful Death Damages
If your loved one suffered fatal injuries in an accident caused by an impaired driver, our Atlanta wrongful death lawyer can determine if you can recover damages, such as:
- Your loved one’s medical expenses
- Funeral and burial/cremation expenses
- The decedent’s lost income (including income they could have earned)
- Pain and suffering the decedent experienced before their death
- Lost care, companionship, guidance, and protection
- Surviving family members’ emotional distress
Can You Seek Punitive Damages for a DUI Accident With a Wrongful Death Lawsuit in Georgia?
You can ask for punitive damages if your loved one was fatally injured in a DUI accident, but not through a wrongful death lawsuit. Instead, the estate of the person who died must file a survival action. This action focuses on the time from when the person was injured to when they died.
Punitive damages in this case relate to how the defendant’s actions affected the person while they were still alive. Plus, punitive damages serve a different purpose from wrongful death damages. They penalize a DUI defendant for extremely reckless behavior.
Wrongful death damages, however, compensate the victim’s family or estate for losses related to the decedent’s death.
Call Us Today for Legal Help for a DUI Accident in Georgia
If you or a loved one got hurt in a DUI car accident in Georgia, you can get punitive damages that seek to punish the offender and deter future negligence. Your case’s evidence, however, must be clear, convincing, and compelling enough for a court to consider them.
Don’t let the negligent party’s actions go unchallenged. We will help you hold them accountable for your losses. Call or contact us today for a comprehensive evaluation of your case.
