If a drunk or drugged driver hurt you or killed someone you love in the Atlanta area, you may be entitled to compensation for your medical bills, lost income, pain, and more. Humphrey & Ballard Law is an Atlanta personal injury firm. We represent people who were injured by impaired drivers. We do not defend people charged with DUI, and this page is about the civil injury claim that follows a DUI crash, not a criminal case.

A DUI crash is different from an ordinary collision. The other driver made a choice that Georgia law treats as serious, and that choice can change what you are able to recover. Our attorneys handle these claims from the first call to the final settlement or verdict, and our clients pay nothing unless we win.

Call or text 404-446-9854 for a free, no-obligation case evaluation.

What an Atlanta DUI Accident Lawyer Does for You

After a crash with an impaired driver, you are dealing with injuries, missed work, and insurance adjusters who want a quick, low settlement. A DUI accident lawyer takes that burden off you. We investigate the crash, preserve the evidence, identify every party who may be responsible, and build the claim for the full value of your losses, not just the bills you have received so far.

In practice, that means we:

Obtain the police report, any citations, and the results of breath or blood testing
Send preservation letters so dashcam video, surveillance footage, and bar or restaurant records are not erased
Document your injuries and future medical needs with your treating providers
Deal with the at-fault driver’s insurer and your own insurer so you do not have to
Pursue every source of recovery, including punitive damages where Georgia law allows them

DUI Accident Cases We Handle

Drunk Driving Crashes

These are the most common DUI injury claims: rear-end collisions, head-on crashes, wrong-way driving, and intersection wrecks caused by a driver who was over the legal limit or too impaired to drive safely. For more detail on car crash claims in general, see our Atlanta car accident lawyer page.

Drugged and Impaired Driving

Georgia’s DUI law covers more than alcohol. It also reaches drivers impaired by drugs, inhalants, or a combination of substances, and it makes it unlawful to drive with marijuana or a controlled substance in the blood or urine. If a driver who was impaired by something other than alcohol hurt you, you can still bring a claim.

Rideshare, Commercial, and Truck Drivers

Georgia sets a lower threshold for commercial drivers, and the companies behind them may share responsibility. If the impaired driver was working, we look at the employer and the insurance policies that apply. See our pages on truck accidents and Uber and rideshare accidents.

Pedestrian and Motorcycle Victims

People outside a car are often hurt the worst by an impaired driver. We represent pedestrians and motorcyclists injured in DUI crashes.

Wrongful Death

When a DUI crash kills someone, the family may bring a claim for the loss. Our wrongful death attorneys handle these cases with care and without pressure on grieving families.

Who Can Be Held Responsible After a DUI Crash

The impaired driver is the obvious defendant, but they are not always the only one, and they are not always the one with enough insurance to cover your losses.

The impaired driver. Their liability insurance is usually the first source of recovery.
An employer. If the driver was on the job or driving a company vehicle, the employer may share responsibility.
A bar, restaurant, or other seller of alcohol. Under Georgia’s dram shop law, O.C.G.A. § 51-1-40, a seller can be liable if it knowingly served someone who was noticeably intoxicated, knew that person would soon be driving, and that service was a proximate cause of your injuries. Serving someone under 21 can create liability on similar terms. These claims are hard to prove, which is one reason to contact a lawyer early.
Your own insurer. If the at-fault driver has little or no insurance, your uninsured or underinsured motorist coverage may apply.

Compensation Available in a Georgia DUI Injury Claim

A DUI injury claim can include:

Past and future medical expenses
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Loss of enjoyment of life and the effects of permanent injury
Funeral costs and the value of the life lost, in a wrongful death case
Punitive damages, where the facts and Georgia law support them

Every case is different, and we do not promise a particular result. What we can promise is that we will not let you settle for less than the claim is worth because an insurer is in a hurry.

Punitive Damages in Georgia DUI Injury Cases

Compensatory damages repay your losses. Punitive damages are different. They are meant to punish especially reckless conduct and deter it. Under O.C.G.A. § 51-12-5.1, you must prove by clear and convincing evidence that the defendant’s conduct showed willful misconduct, malice, wantonness, oppression, or an entire want of care.

Georgia generally caps punitive damages at $250,000. The statute removes that cap, however, when the defendant acted while impaired by alcohol or drugs to the point that their judgment was substantially impaired. In those cases there is no limit on the amount, and the award can only be imposed on the person who actually committed the act. Whether punitive damages are available in your case depends on the evidence, including the driver’s blood alcohol level and driving history.

For a deeper look at how this works, read our guide: What It Means If a Drunk Driver Hit You.

Your Civil Claim Is Separate From the Criminal Case

When a driver is arrested for DUI, the State prosecutes the criminal case. That case is about punishing the driver. Your civil claim is about repairing the harm done to you. They run on separate tracks and under different standards of proof.

You do not need a criminal conviction to bring a civil claim, and a dismissed or reduced criminal charge does not end your right to compensation. If there is a conviction or guilty plea, it can be powerful evidence. We follow the criminal case closely, but we do not wait on it to protect your rights.

Georgia Laws That Matter in a DUI Accident Claim

What Counts as DUI, O.C.G.A. § 40-6-391

Under O.C.G.A. § 40-6-391, a driver can be charged with DUI if they were impaired to the point of being less safe to drive, or if their alcohol concentration was 0.08 or higher within three hours of driving. The limit is 0.04 for commercial drivers and 0.02 for drivers under 21. A driver can also be charged for drugs, inhalants, or any amount of marijuana or a controlled substance in the blood or urine. These are the thresholds for criminal charges. In a civil case, impairment can be proven by other evidence as well.

Statute of Limitations, O.C.G.A. § 9-3-33

Georgia gives most injury claims a two-year deadline, measured from the date of the crash. If you miss it, you will likely lose the right to sue. In some cases, a pending criminal prosecution can pause that clock under O.C.G.A. § 9-3-99, for up to six years in total, but you should never rely on that. Deadlines can also differ for claims involving government entities or certain wrongful death situations, so speak with a lawyer as soon as you can.

Modified Comparative Fault, O.C.G.A. § 51-12-33

Georgia reduces your recovery by your percentage of fault and bars recovery if you are found 50 percent or more at fault. Insurers sometimes try to shift blame onto a DUI victim, for example by claiming they braked late or were not wearing a seat belt. We investigate so that fault is placed where it belongs.

What to Do After a Crash With a Suspected Drunk Driver

Call 911 and get medical care. Some injuries do not show symptoms right away, and a medical record ties your injuries to the crash.
Tell the officer you suspect impairment. Describe what you noticed, such as the smell of alcohol, slurred speech, or erratic driving, and make sure it is in the report.
Collect what you can. Photos of the scene, the vehicles, your injuries, and names and numbers of witnesses.
Do not give a recorded statement to the other driver’s insurer. Adjusters are trained to find ways to limit what they pay.
Keep every record. Medical bills, pay stubs, repair estimates, and your own notes on how you are recovering.
Call a DUI accident lawyer. Surveillance video and bar records can be erased in days or weeks, so the earlier we act, the more evidence we can preserve.

Why Impaired Driving Claims Matter: The Numbers

According to the National Highway Traffic Safety Administration, 11,904 people were killed in alcohol-impaired-driving crashes in the United States in 2024, about 30 percent of all traffic deaths. In Georgia, NHTSA’s 2023 state estimates count 433 of the state’s 1,615 traffic deaths, or 27 percent, in crashes involving a driver with a blood alcohol concentration of 0.08 or higher. NHTSA’s figures count deaths in crashes involving an impaired driver and do not mean alcohol was the only cause of each crash. Behind each number is a family dealing with the aftermath.

Frequently Asked Questions

Do you defend people charged with DUI?

No. Humphrey & Ballard Law focuses on personal injury and represents people who were hurt. If you were arrested for DUI and need a criminal defense lawyer, we are not the right firm for that.

Do I need the driver to be convicted before I can file a claim?

No. Your civil claim is independent of the criminal case. A conviction can help, but it is not required, and the burden of proof in a civil case is lower than in a criminal one.

How long do I have to file a DUI injury claim in Georgia?

Generally two years from the date of the crash under O.C.G.A. § 9-3-33. Some situations can change that, so do not wait.

Can I get punitive damages?

Possibly. Georgia allows punitive damages when the defendant’s conduct showed willful misconduct, wantonness, or an entire want of care, and removes the usual $250,000 cap when the defendant was substantially impaired by alcohol or drugs. Whether they are available depends on the evidence in your case.

What if the drunk driver has no insurance?

Your own uninsured or underinsured motorist coverage may apply, and other parties, such as an employer or an establishment that overserved the driver, may be responsible. We look at every possible source of recovery.

How much does it cost to hire you?

Nothing upfront. We work on a contingency fee basis, which means clients pay nothing unless the firm wins.

Helpful Resources

Talk to an Atlanta DUI Accident Lawyer Today

You should not have to fight an insurance company while you recover from a crash someone else caused by driving impaired. Humphrey & Ballard Law has the experience, the resources, and the drive to pursue everything you are owed. Call or text 404-446-9854 or visit our Contact page for a free, no-obligation case evaluation today.

About Humphrey & Ballard Law

Humphrey & Ballard Law is an Atlanta-based personal injury firm serving clients throughout Georgia. Founded by attorneys Desmond Humphrey and David Ballard, the firm focuses exclusively on injury cases, including car accidents, truck accidents, wrongful death, and premises liability. The firm serves Atlanta, College Park, East Point, Fairburn, Riverdale, and surrounding communities. Humphrey & Ballard Law operates on a contingency fee basis, clients pay nothing unless the firm wins.

Atlanta DUI Accident Lawyer for Injury Victims | Humphrey & Ballard Law