Atlanta DUI Accident Lawyer
Drunk and impaired drivers cause some of the most devastating crashes on Atlanta’s roads. Beyond the criminal charges the driver faces, you may be able to recover punitive damages — and hold the bar or restaurant that overserved them civilly liable. Landry Legal fights for DUI crash victims across the Atlanta metro.
Punitive Damages in Georgia DUI Crashes
DUI crashes are the textbook case for punitive damages. Georgia juries punish drunk drivers, and O.C.G.A. § 51-12-5.1 specifically authorizes punitive awards where a driver acted with willful misconduct or that entire want of care that raises a presumption of conscious indifference. We build the case that asks for everything you’re owed — plus the verdict that sends a message.
Dram Shop Liability — Holding the Bar Responsible
Under Georgia’s dram shop law (O.C.G.A. § 51-1-40), a bar or restaurant that knowingly serves a noticeably intoxicated person who they know will soon drive can be held liable for the harm that driver causes. We investigate the establishment’s service records, receipts, and surveillance to add a deep-pocket defendant when one exists.
Your Claim Is Separate From the Criminal Case
The State of Georgia prosecuting the drunk driver for DUI is a criminal matter — it does not compensate you. Your civil personal injury claim is separate and proceeds on its own timeline. A criminal conviction can strengthen your civil case, but you do not need one to recover. The general statute of limitations is 2 years.
Common Questions
DUI Accidents FAQ.
Can I sue a drunk driver who hit me in Atlanta?
Yes. A criminal DUI prosecution punishes the driver but does not pay your medical bills or lost wages. You bring a separate civil personal injury claim for those damages — and in DUI cases, Georgia law allows punitive damages on top of your actual losses. You generally have 2 years from the crash to file.
What are punitive damages and can I get them in a DUI case?
Punitive damages punish especially reckless conduct rather than compensate a specific loss. Drunk driving is one of the clearest cases for them under O.C.G.A. § 51-12-5.1. While Georgia caps most punitive awards at $250,000, that cap does NOT apply when the defendant was driving under the influence — making DUI crashes uniquely valuable for victims.
Can the bar or restaurant that served the drunk driver be sued?
Sometimes. Georgia’s dram shop statute allows liability when an establishment knowingly serves a visibly intoxicated person who they know will soon be driving. We move fast to preserve service records and surveillance video before they are erased, then evaluate whether a dram shop claim adds a second source of recovery.
What if the drunk driver had no insurance?
Many DUI drivers are underinsured. Your own uninsured/underinsured motorist (UM/UIM) coverage often steps in, and a dram shop claim against an overserving bar can provide additional recovery. We map every available insurance policy before settling.
Injured in Atlanta? Get your free case evaluation.
Our Atlanta personal injury attorneys are ready to evaluate your dui accidents case at no cost. Call us or fill out the form to get started.