7 Oct 2021

By Michael Weaver

In Personal Injury

If you have been involved in a collision with a driver who was under the influence of alcohol, you might be wondering what rights you may have to compensation. 

Drunk driving is against the law, and it is clearly a reckless decision to make. So, what action can you take against the drunk driver? What type of compensation might you be owed if you were injured and if your car is damaged or totaled? 

The Georgia car accident attorneys at the Weaver Law Firm are here to answer your questions and provide attentive representation if a drunk driver has injured you. 

What Happens If You’re Involved in a Drunk Driving Accident?

In a drunk driving accident, an impaired driver could be arrested and charged with a criminal offense. Depending on the circumstances, they could face a DUI charge and felony assault or manslaughter charges if people were severely injured or killed in the accident. 

Injured victims could potentially pursue a civil claim against the drunk driver and their insurer to seek compensation for their medical bills, lost wages from time off of work, loss of future earnings, pain, and suffering, and more. 

Liability for Accidents While Driving Drunk

In Georgia, a drunk driver might be charged with a felony DUI offense rather than the standard misdemeanor charge if the driver causes an accident that leads to severe injury or death. A felony conviction can lead to a sentence that includes prison time and thousands of dollars in fines. A fatal drunk driving accident will also likely result in the drunk driver being charged with the felony offense of vehicular manslaughter. 

In addition, a drunk driver can also be held civilly liable for the losses injured victims suffer in the accident. Civil liability is a separate legal matter from any criminal charges.

Can a Driver Be Charged with Drunk Driving in an Accident?

A driver may be arrested for drunk driving if police respond to the scene of the accident. If an officer suspects that a driver might be drunk, they may administer field sobriety tests or perform a breathalyzer test.

Can a Driver Be Held Civilly Liable Regardless of Criminal Charges?

A drunk driver can be held civilly liable for injuries and losses suffered by others in a drunk driving accident, even if the drunk driver ultimately is not convicted of DUI or is never even charged with DUI. Civil and criminal matters are entirely separate areas of law. Civil cases carry a lower burden of proof than criminal cases for establishing that a motorist was impaired.

Reach Out to Our Experienced Car Accident Attorneys Today

If you have been injured in a collision caused by a drunk driver in Georgia, contact the Weaver Law Firm for a free, no-obligation consultation. Our experienced car accident attorneys have more than two decades of experience helping people like you seek fair compensation for the harm they’ve suffered in accidents. Let us take the pressure off of you and help you get back on your feet. 

Call us or contact us online now for a free consultation today.  

About the Author

Michael Weaver
Michael Weaver focus his work on Personal Injury, Criminal Defense, Family Law, Civil Litigation, and Bankruptcy cases.