Hit By Drunk Driver- Georgia Drunk Driving Accident Attorney
Hit By Drunk Driver- Georgia Drunk Driving Accident Attorney


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Hit By Drunk Driver- Georgia Drunk Driving Accident Attorney

Call Ben F. Windham, P.C. to represent you if you have been injured a by a drunk driver

Navigating the aftermath of a car wreck caused by a drunk driver is an extremely challenging journey. We understand the complexity and emotional toll it takes, as we’ve supported numerous individuals through this exact ordeal, leveraging our extensive expertise to unravel solutions.

This page will walk you through how Ben F. Windham P.C. can be your beacon of hope, assisting you in securing the justice and compensation you rightfully deserve following such an incident.

The Impact of Drunk Driving in Georgia

Drunk driving deeply affects Georgia. In 2016, nearly a quarter of all vehicle crash deaths in our state involved alcohol.

This shocking figure highlights the dangerous impact of impaired driving on our roads.

Drunk drivers not only risk their lives but also endanger others. Victims face huge challenges, often dealing with severe injuries or the loss of loved ones. They may try to get compensation from the drunk driver, but this can be hard if the driver has no money.

For those hurt or who have lost family because of such accidents, Georgia law allows them to sue bars or places that served alcohol to these drivers under dram shop liability laws.

This reveals how serious Georgia takes the issue and how it seeks justice for affected families through its liquor responsibility rules.

Role of a Drunk Driving Accident Attorney in Georgia

A drunk driving accident attorney in Georgia helps victims fight for justice. We dig deep into crash details and work hard to prove who caused the trouble.

Conducting Accident Investigations

We start accident investigations right away to help our clients. Our team works hard to gather facts, make sense of what happened, and build a strong case. Here’s how we do it:

  1. Visit the crash site: We go to where the accident happened to look for clues. This might include skid marks, broken parts, and road conditions that could tell us more about the incident.

  2. Talk to witnesses: People who saw the crash can give us important details. We ask them what they noticed before, during, and after the event.

  3. Review police reports: Officers at the scene write down what they find. Their reports can offer valuable information about the cause of the accident.

  4. Check video footage: Nowadays, many places have cameras. We look for any recordings that might have caught the crash on video.

  5. Collect medical records: Injuries tell a story too. We get medical documents that show how severe the injuries are and how they relate to the accident.

  6. Work with experts: Sometimes we need specialists like crash reconstruction analysts or medical doctors to help us understand complex details.

  7. Examine vehicle damage: The way cars are damaged can give clues about how fast they were going and how they hit each other.

  8. Gather electronic data: Modern cars have computers that record data like speed and brake use before a crash.

Each step helps us piece together what happened and prove our client’s case in court or with insurance companies.

Evidence Collection Strategies

We know how vital it is to gather strong evidence in personal injury cases involving drunk drivers. Our approach focuses on proving the other driver’s fault and showing the impact of their actions. Here are our strategies for collecting evidence:

  1. Obtain the police report: This document is key. It often includes details on the driver’s state and any citations for driving under the influence.

  2. Gather photos and videos: We collect visuals from the crash site. These can show vehicle positions, road conditions, and signs of impairment at the scene.

  3. Collect witness statements: People who saw the crash can provide accounts that support your claim. Their observations might confirm signs of intoxication in the other driver.

  4. Secure surveillance footage: Video from nearby security cameras can capture the accident and moments leading up to it, providing clear evidence of negligence.

  5. Compile medical records: Documenting injuries directly ties them to the accident. We ensure all injuries are accounted for and related expenses are noted.

  6. Preserve proof of intoxication: This includes breathalyzer, blood tests, or field sobriety test results that indicate blood alcohol concentration above legal limits.

  7. Track down expert testimonies: Specialists in fields like accident reconstruction can offer insights into how intoxication influenced the collision’s dynamics.

  8. Review cell phone records: These can show if distraction played a part alongside impairment.

Each piece strengthens your case against the impaired driver and helps us fight for fair compensation for you.

Next, we’ll discuss navigating legal processes after a DUI accident in Georgia.

Navigating Legal Processes

Lawyers take on the burden of proof in court, showing the judge and jury how the other driver was at fault. They use clear evidence like photos from the accident scene, police reports, and witness statements.

These pieces of evidence help to build a strong case for compensation. The goal is always to prove beyond a reasonable doubt that the drunk driver caused harm.

Justice in cases of drunk driving hinges on solid evidence and smart legal strategy.

Our team also handles all talks with insurance companies and opposing lawyers. This way, we ensure our clients are not pushed into accepting low settlements. If needed, we’re ready to go to trial to fight for fair compensation that covers medical bills, lost wages, and pain suffering.

Immediate Actions Following a Drunk Driving Incident

Right after a drunk driving incident, people need to act fast. They should see a doctor, report the event to their insurance provider, and think about talking to an attorney. These steps can really help later on.

Medical Attention Importance

Getting medical help right after an accident with a drunk driver is key. This step is critical not only for your health but also helps with your personal injury claim later on. Doctors can document your injuries and link them to the accident.

This proof shows the impact of the crash on your life, which is crucial in court or insurance claims.

We always tell our clients to keep all records from their hospital visits and treatments. These records are powerful evidence in fighting for compensation for medical bills and ongoing care needs.

If you were hurt because someone was driving under the influence of alcohol or drugs, these documents could show how they are at fault. Keeping detailed health care records makes it easier to prove your case against impaired motorists, ensuring you get what you deserve for recovery.

Insurance Company Reporting

After seeking medical attention, it’s time to report the drunk driving incident to your insurance company. This step is crucial in starting the process of recovering any losses from the accident.

Tell your automobile insurance provider about the car crash as soon as you can. They need to know what happened so they can help cover medical expenses and repair costs for your motor vehicle.

Prompt reporting to your insurance company ensures a smoother recovery process.

Your health insurance or worker’s compensation insurer might also want details if they’re covering initial treatment costs. These companies may try to get some money back from any settlement you receive later on.

It’s a complex dance, but informing them early keeps things moving forward without unexpected hitches.

Lawyer Consultation Considerations

Choosing the right attorney for your drunk driving case needs careful thought. Look for experience in personal injury lawsuits and a track record of winning settlements or verdicts related to auto accidents involving impaired drivers.

Ask about their approach to handling cases like yours, including how they plan on pursuing punitive damages, which Georgia law allows.

Discuss fees upfront to avoid surprises later. Most attorneys work on a contingency fee basis, meaning you pay nothing unless you win your case. This arrangement should cover all aspects of the lawsuit process, from initial investigation to final resolution in court or through negotiation.

Now let’s talk about the types of compensation victims might receive.

Compensation Types for Drunk Driving Victims

Victims of drunk driving incidents in Georgia can seek several types of compensation. These include money for medical bills, lost wages, and financial losses. Victims can also get money for pain and hurt they suffer because of the accident.

Besides these compensatory damages, victims might get punitive damages from the drunk driver. This extra money punishes the driver for their reckless actions.

Families who have lost someone in a drunk driving crash can claim money for funeral expenses and loss of companionship. We work hard to make sure victims receive the full compensation they deserve.

Our team fights against insurance companies that try to pay less than what is fair. Next, we will discuss the time limits for filing a lawsuit in these cases.

Drunk Driving Accident Statute of Limitations in Georgia

Georgia sets a clear time frame for filing lawsuits in personal injury claims from auto crashes involving drunk drivers. This period is two years. If you miss this deadline, the court usually won’t let you proceed with your case.

We stand ready to guide victims through their legal journey and ensure they meet all deadlines.

This rule encourages prompt action and helps keep evidence fresh, aiding in more effective settlement negotiations or trials. Our experience shows that understanding these limits is crucial for securing justice and compensation for our clients.

Dram Shop Liability Laws in Georgia

After exploring the statute of limitations for drunk driving accidents, we turn our attention to another important aspect: Dram Shop Liability Laws in Georgia. These laws make businesses that sell alcohol responsible if they serve a customer who then causes a drunk driving accident.

If an establishment serves alcohol to someone clearly already impaired or underage, and that person drives and hurts others, the business can be held accountable.

Georgia’s Dram Shop Laws allow victims of drunk driving or their families to sue alcohol-serving establishmentsfor damages. This means bars, restaurants, and even retail stores can face lawsuits if they provided alcohol to someone visibly intoxicated who was likely going to drive.

The state sets a blood alcohol concentration (BAC) limit of 0.08%. Driving with a BAC at or above this level is considered negligent per se in Georgia. Victims can seek compensation from these establishments through civil lawsuits for injuries or wrongful death caused by impaired drivers served at their premises.

Choosing Ben F. Windham P.C. for Your Drunk Driving Case

Picking Ben F. Windham P.C. means you’re trusting a team with proven wins for people hurt by drunk drivers. We fight on a no-win, no-fee promise, so you only pay when we win your case.

Contingency Fee Assurance

We offer legal help with no upfront costs. This is our contingency fee promise. It means that seeking justice after a drunk driving incident does not have to burden you financially.

We also provide free evaluations to understand your options better. This approach ensures everyone has access to legal advice following an accident, without the worry of immediate fees.

Legal Expertise of the Team at Ben F. Windham P.C.

After discussing our contingency fee assurance, it’s crucial to highlight the legal expertise of our team at Ben F. Windham P.C. Our attorneys specialize in handling drunk driving cases across Georgia.

We are ready to fight for our clients, pushing insurance companies for fair settlements. If they refuse, we’re prepared to take legal action.

Understanding the value of a personal injury claim from car crashes involving drunk drivers is complex. Our team uses their deep knowledge of civil cases, personal injury law, and liability insurance to evaluate each case accurately.

We aim to secure compensation that truly reflects the pain and suffering our clients endure.

Common Questions on Drunk Driving Cases in Georgia

We often get asked about drunk driving cases in Georgia. Here are some of the most common questions and our answers.

How long do I have to file a lawsuit?

You have two years from the date of the accident to start a lawsuit for personal injuries.

Can I get money for my injuries?

Yes, you can seek money for medical bills, lost wages, and pain and suffering caused by the accident.

Will the drunk driver face criminal charges?

Yes, driving under the influence (DUI) is a crime. The driver may face charges separate from your civil case.

What if the insurance company offers me a settlement?

Talk to an attorney before accepting. Insurance companies often offer less than what you might get with legal help.

What are punitive damages?

These are extra money courts make drunk drivers pay as punishment for their actions.

How is fault proven in court?

We use evidence like police reports, breathalyzer results, and witness statements to show the driver was at fault.

What if I was partly at fault?

Georgia follows comparative negligence rules so you might still get some compensation unless you were 50% or more at fault.

Can businesses be held responsible too?

Under Dram Shop laws, businesses that served alcohol to visibly intoxicated persons or minors who then cause accidents can be liable.

Is there a difference between criminal and civil DUI cases?

Yes, criminal cases address crimes against state laws while civil cases focus on damages and injuries to individuals.

How can a lawyer help me?

A lawyer can manage all aspects of your case including gathering evidence, dealing with insurers, and fighting for fair compensation in court.


Drunk driving harms many people in Georgia. Victims need strong lawyers to fight for them. Our team at Ben F. Windham P.C. knows how to win these cases, getting money for those hurt.

We take on the insurance companies and don’t back down. Choose us to stand up for your rights after a drunk driving accident.

There are thousands of bars across Georgia. Hundreds in Macon, Savannah, Athens and Augusta and there are thousands in Atlanta. Practically every corner in every major Georgia city has either bars or restaurants serving alcohol. On Friday and Saturday nights they are packed out with friends enjoying a night on the town. Unfortunately, many of these people turn into a drunk driver.

MYTH: When all the patrons leave these bars they are all sober.

TRUTH: Most are buzzed and a good number of them are drunk.

You are crossing through a green light at Piedmont Road and Peachtree Street in Atlanta while returning from a late night ice cream run at the grocery store and BAM. An individual / jerk in his new model BMW is texting his latest hook up that he met at the bar in Buckhead that night and he runs the red light and T BONES you and your spouse’s car on the driver’s side. Oh, and he has had nine Grey Goose Vodka and Tonics. The driver of the BMW is hammered. Oh and he has had a prior DUI.

You and your wife are hurt badly. Your left leg is shattered and will require two surgeries and months of rehab. Sounds Simple doesn’t it. His Automobile Insurance Carrier, GEICO, ALLSTATE (ALLSNAKE), STATE FARM (SNAKE FARM), or LIBERTY MUTUAL will not contest this case and simply pay you for all of your medical costs, lost wages and pain and suffering? WRONG.

All Automobile Insurance Carriers, many of which are listed above will fight you over the legitimacy of your treatment. They will actually try to tie in a minor arthroscopic knee procedure you had twenty years ago from high school football as the reason that the second surgery was needed. Oh, and they will pay a hired gun physician to review your medical bills and say it. All so they can save the cost of the second procedure that was necessitated by the wrongful actions of their drunk insured who ran a red light and smashed into you. There are ways to leverage Drinking and Driving or DUI Accident cases in your favor, despite aggressive tactics of Insurance Companies to defeat your claims. Call Ben F. Windham, P.C. to represent you if you have been injured a by a drunk driver in Georgia.


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