Between Thanksgiving and New Year’s, Georgia’s roads get busier and more dangerous. If you were hit by a drunk driver, you may be facing injuries, a totaled car and an insurance company that wants to settle fast. Georgia law treats drunk driving crashes differently from ordinary wrecks, and knowing how can make a real difference in what you recover.
The numbers explain why the holidays matter. The Governor’s Office of Highway Safety reports that 500 people were killed in drunk driving crashes in Georgia in 2022. NHTSA data shows that from 2017 to 2021, 36% of people killed in Georgia crashes on New Year’s Eve and New Year’s Day involved a driver over the 0.08 legal limit, and 81% of those drunk driving crashes involved a driver at twice the limit. During the 2025 Christmas travel period alone, the Georgia Department of Public Safety reported 13 crash deaths and 239 DUI arrests statewide.
Here’s what to do if it happens to you, and what Georgia law allows you to recover.
What to Do if You’re Hit by a Drunk Driver
- Call 911 and stay at the scene. Tell the dispatcher you suspect the other driver is impaired. Under O.C.G.A. § 40-6-273, crashes involving injury must be reported to police, and the officer’s DUI investigation often becomes the backbone of your civil case.
- Get medical care right away. Some injuries, such as concussions and internal bleeding, don’t show symptoms for hours. A same-day medical record also links your injuries to the crash.
- Note what you saw. Slurred speech, the smell of alcohol, open containers, or the driver leaving a bar or party are all details worth writing down while they’re fresh.
- Photograph everything and collect witness names. Pictures of the vehicles, the road and your injuries help prove what happened.
- Don’t give a recorded statement to the other driver’s insurer. Adjusters may try to lock you into details before you know the full extent of your injuries.
- Keep track of the criminal case. A DUI charge or conviction can support your injury claim, but your civil claim is separate and has its own deadline.
For a broader checklist, see our step-by-step guide to what to do after a car accident in Georgia.
How a Drunk Driving Accident Claim Differs From a Regular Crash
In most car wrecks, you have to prove the other driver was careless. When the driver was drunk, Georgia’s negligence per se rule (O.C.G.A. § 51-1-6) lets you argue that breaking the DUI law under O.C.G.A. § 40-6-391 is itself evidence of negligence. You still have to show the impairment caused your injuries, but the starting point is stronger.
You can pursue the same compensatory damages as in any injury case, including:
- Medical bills, now and in the future
- Lost wages and lost earning ability
- Pain and suffering
- Vehicle and property damage
- Wrongful death damages if a loved one was killed
Our guide on how much a personal injury case is worth in Georgia explains how these damages are valued.
Punitive Damages: Georgia Removes the Cap for Drunk Drivers
Punitive damages are meant to punish dangerous conduct, not to repay your losses. Georgia usually caps them at $250,000 under O.C.G.A. § 51-12-5.1. But subsection (f) of that law removes the cap when the at-fault driver was under the influence of alcohol or drugs to the point that their judgment was substantially impaired.
That doesn’t make punitive damages automatic. They must be proven by clear and convincing evidence, and a jury decides whether to award them and how much. Still, it is one of the biggest reasons a drunk driving accident claim can be worth more than an ordinary crash claim, and why the other side often takes these cases seriously.
Can a Bar, Restaurant or Party Host Be Held Liable? Georgia’s Dram Shop Law
Holiday parties and bar crawls raise a common question: can whoever served the drinks be responsible too? Under Georgia’s dram shop law, O.C.G.A. § 51-1-40, the answer is sometimes yes. A business or social host may be liable if they knowingly served alcohol to:
- Someone under 21, knowing they would soon be driving, or
- Someone who was noticeably intoxicated, knowing they would soon be driving
Georgia’s version of this law is narrow, and the intoxicated driver can’t use it to sue the bar that served them. But when it applies, it can add another source of insurance coverage, which matters a great deal when the drunk driver carries only the state minimum. These claims depend on evidence such as receipts, surveillance video and bartender testimony, which can disappear quickly.
What if the Drunk Driver Has Little or No Insurance?
Many impaired drivers carry only the minimum coverage, and some carry none. In that case, your own policy may help. Read our explainer on uninsured motorist coverage in Georgia to see how added-on and reduced-by coverage affect what you can collect. If the driver fled the scene, our post on what to do after a hit-and-run accident in Georgia covers your next steps.
Seat Belt Evidence and Georgia’s 2025 Tort Reform
Georgia’s 2025 tort reform law, Senate Bill 68, changed O.C.G.A. § 40-8-76.1 so that not wearing a seat belt can now be used as evidence in car accident cases. Even when the other driver was drunk, the defense may argue that your injuries would have been less severe if you were buckled in. Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), your recovery can be reduced by your share of fault, and you can’t recover if you are found 50% or more at fault. A lawyer can challenge these arguments and keep the focus on the impaired driver’s choice.
How Long Do You Have to File? Georgia’s Statute of Limitations
Under Georgia’s statute of limitations for personal injury, O.C.G.A. § 9-3-33, you generally have two years from the date of the crash to file a lawsuit. Wrongful death claims also generally have two years. Some deadlines can be paused while a criminal case is pending, but you shouldn’t count on that. Learn more about timelines for filing personal injury claims in Georgia.
Frequently Asked Questions About Being Hit by a Drunk Driver
What happens if you’re hit by a drunk driver in Georgia?
You can file an injury claim against the drunk driver’s insurance for medical bills, lost wages, pain and suffering and property damage. Because the driver was impaired, you may also seek punitive damages, which Georgia does not cap in drunk driving cases.
How much can you get for being hit by a drunk driver?
It depends on your injuries, your losses, the available insurance and whether punitive damages are awarded. Georgia removes its usual $250,000 punitive damages cap when the at-fault driver was impaired, so these claims can be worth more than ordinary crash claims.
Do I need a drunk driving accident lawyer if the driver was arrested?
Often, yes. The criminal case punishes the driver, but it doesn’t pay your bills. Your injury claim is separate, and a lawyer can gather the police and toxicology evidence, look for dram shop claims and deal with the insurance companies.
Can I sue a bar that served the drunk driver in Georgia?
Sometimes. Georgia’s dram shop law allows claims against a business or host that knowingly served a noticeably intoxicated person, or someone under 21, knowing they would soon be driving.
How long do I have to file a claim after a DUI accident in Georgia?
In most cases, two years from the date of the crash under O.C.G.A. § 9-3-33. Talk to a lawyer early, since evidence like bar receipts and video can be lost quickly.
Talk to a Georgia DUI Accident Lawyer at Dozier Law
If you or someone you love was hit by a drunk driver, you shouldn’t have to fight the insurance company alone. Since 1966, Dozier Law has helped injured Georgians in Macon, Atlanta, Savannah, Albany and Tifton recover compensation after serious crashes. Our Macon car accident attorneys handle drunk driving injury and wrongful death claims across the state. Call us at 888-239-2129 or contact us online for a free consultation. Servicios disponibles en español.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; contact an attorney about your specific situation.
