Fall football season in Atlanta brings tailgates, watch parties, restaurant gatherings, and late-night travel across the city. When a driver drinks and causes a crash, an injured person may have the right to pursue compensation for medical expenses, lost income, pain and suffering, property damage, and other losses supported by the evidence.
A drunk driving injury claim is a civil matter that is separate from any criminal DUI case. A DUI arrest or conviction can support the evidence, but a civil claim still requires proof of fault, causation, damages, and available insurance coverage.
Gunnels Law Firm, LLC helps injured people in Atlanta, Georgia understand the insurance and liability issues that may follow an alcohol-related collision, including possible claims involving more than one responsible party.
Learn more about alcohol-related collision claims at https://gunnelslaw.com/atlanta-drunk-driving-accident-attorney/.
Why Football Season Can Increase Drunk Driving Risks in Atlanta 
Football season can change traffic patterns across Atlanta. College and professional games, neighborhood watch parties, sports bars, restaurants, and private gatherings can keep drivers on the road later than usual. A crash can occur near a stadium or entertainment district, but it can also happen miles away after a driver enters I-75, I-85, I-285, a surface street, or a residential road.
Alcohol can impair judgment, reaction time, coordination, and the ability to judge speed or distance. An impaired driver may:
- Run a red light or stop sign
• Drift into another lane
• Follow another vehicle too closely
• Make an unsafe turn
• Speed through traffic
• Fail to notice a pedestrian, cyclist, or stopped vehicle
• React too slowly to changing road conditions
If you were injured in this type of crash, the main question is not only whether the other driver consumed alcohol. Your claim may require evidence showing how the collision happened, what the driver did wrong, how the crash caused your injuries, and what financial and personal losses followed.
A DUI arrest can support your civil claim, but it does not replace proof of fault, causation, damages, and available insurance coverage.
The Criminal DUI Case and Your Civil Injury Claim Are Different
A criminal DUI case is brought by the government to determine whether a driver violated Georgia criminal law. A personal injury claim is a separate civil matter that seeks compensation for losses caused by the collision.
You do not necessarily have to wait for the criminal case to end before taking steps to protect your civil claim. Evidence from the DUI investigation may become relevant to the injury case, including:
- Police reports
• Body-camera footage
• Dashboard-camera video
• Witness statements
• Chemical test records
• Officer observations
• Photographs and video from the scene
• Vehicle damage and other physical evidence
A DUI arrest can strengthen the factual record, but it does not automatically prove every part of an injury claim. An insurance company may still dispute the cause of the crash, the severity of your injuries, the need for medical treatment, the amount of lost income, or whether another person shares responsibility.
Who May Be Liable After a Football Season DUI Crash?
The impaired driver is often the primary person responsible for a drunk driving collision, but some cases involve other parties.
Depending on the facts, potentially responsible parties may include:
- The impaired driver who caused the collision
• A vehicle owner when a separate legal basis for liability applies
• An employer when the driver was acting within the scope of employment
• Another driver whose negligence contributed to a multi-vehicle collision
• A person or business that furnished alcohol when Georgia dram shop law applies
Georgia dram shop law can create liability in limited circumstances. A claim may arise when alcohol is knowingly furnished to someone who is not of lawful drinking age or to someone who is noticeably intoxicated, and the provider knows that person will soon be driving. The alcohol furnishing must also satisfy the legal requirements for causation.
These claims depend heavily on the facts. Evidence may include:
- Bar or restaurant receipts
• Credit card or electronic payment records
• Surveillance video
• Witness testimony
• Social media or event records
• Statements about the driver’s condition before leaving
• Records showing when and where alcohol was purchased or served
Evidence from a tailgate, restaurant, bar, or watch party can disappear. Video may be overwritten, records may become harder to obtain, and witnesses may become more difficult to locate. Early preservation efforts can help protect evidence before it is lost.
I had the pleasure of working against Chris on a fairly complicated case. Chris was professional during the course of litigation, and undoubtedly maintained his clients’ interests as the primary focus throughout. Due to Chris’ efficiency and advocacy for his clients, we were able to resolve the case for a reasonable amount, without spending unnecessary time and expenses. I hope to have more cases with Chris in the future, and would have no hesitation recommending Chris to handle complex personal injury matters.” - Paul T.
What Compensation May Be Available?
A drunk driving accident can cause immediate expenses and long-term losses. The value of a claim depends on the available evidence, the severity of the injuries, insurance coverage, and the effect the crash has on your life.
Recoverable damages may include:
- Emergency medical treatment and hospital bills
• Follow-up medical care
• Rehabilitation and therapy
• Prescription medication
• Future medical treatment supported by medical evidence
• Lost wages and other income loss
• Reduced earning capacity in serious injury cases
• Pain and suffering
• Emotional distress
• Property damage
• Related out-of-pocket expenses
• Permanent impairment, scarring, or disfigurement when supported by the facts
Punitive damages may also become an issue in some drunk driving cases. They are different from compensation for medical bills, lost income, or pain and suffering. Punitive damages focus on particularly serious misconduct and are governed by separate Georgia legal standards.
Georgia law may permit punitive damages when the required level of misconduct is proven by clear and convincing evidence. Alcohol-related driving can also affect how Georgia’s punitive damages limits apply in some cases. Whether punitive damages are available depends on the evidence and the specific facts of the collision.
For broader information about car accident claims, visit https://gunnelslaw.com/atlanta-car-accident-lawyer/.
Dealing with Insurance Steps to File a LawsuitRelated Videos
What Should You Do After a Drunk Driving Accident?
Your health should be your first concern after a collision. If you are injured, seek medical attention and follow the treatment recommendations you receive. Some injuries may not be fully understood at the scene, and medical records can help document the relationship between the crash and your injuries.
When you can do so safely, useful steps may include:
- Call 911 and report the collision
• Get medical care
• Photograph vehicle damage, the roadway, traffic controls, and visible injuries
• Collect names and contact information from witnesses
• Save the other driver’s insurance and vehicle information
• Keep medical bills, receipts, wage records, and insurance correspondence
• Preserve photographs, videos, text messages, and other records connected to the event
• Avoid posting details about the crash or your injuries on social media
• Be cautious before giving a detailed recorded statement to another driver’s insurance company
• Do not sign a settlement release before you understand the rights you are giving up
Insurance companies often begin investigating soon after a crash. A recorded statement, broad medical authorization, or early settlement offer can affect how a claim develops.
Learn more about communicating with insurers at https://gunnelslaw.com/dealing-with-insurance-companies/.
What if the Drunk Driver Has Little or No Insurance?
A serious injury claim can exceed the at-fault driver’s liability limits. Some impaired drivers may also have no valid insurance coverage.
Your own uninsured or underinsured motorist coverage may become an important source of recovery. The benefits available depend on the policy language, the amount and type of coverage purchased, and how multiple policies may apply.
Other insurance coverage may need to be investigated when a crash involves:
- A company vehicle
• A driver acting within the scope of employment
• A rideshare vehicle
• A borrowed vehicle
• Multiple vehicles
• More than one insurance policy
Do not assume that the at-fault driver’s policy is the only possible source of compensation. A review of the available insurance policies can identify coverage that may not appear on the initial crash report.
How Georgia Comparative Fault Can Affect a Claim
Georgia follows a modified comparative fault rule. If an injured person is less than 50 percent at fault, that person may still recover damages, but the recovery is reduced by the percentage of fault assigned to that person. A person who is 50 percent or more at fault cannot recover damages under that rule.
An impaired driver may still try to shift part of the blame. An insurer may argue that you were speeding, following too closely, distracted, or otherwise contributed to the collision.
That is why evidence about the crash remains critical even when alcohol is involved. The civil case still requires an analysis of what each driver did before the impact.
How Long Do You Have to File an Injury Claim?
Georgia personal injury actions are generally subject to a two-year statute of limitations under O.C.G.A. § 9-3-33. Specific facts can affect the deadline, and certain claims may involve different notice requirements or timing rules.
Waiting can also weaken a case before the legal filing deadline arrives. Surveillance footage may be deleted, witnesses may forget details, vehicles may be repaired, and electronic records may be lost.
An early legal review can help identify the deadlines that apply and the evidence that should be preserved.
How an Atlanta Drunk Driving Accident Lawyer Can Help
An attorney can investigate the collision, preserve evidence, review insurance coverage, identify potentially responsible parties, document damages, communicate with insurers, and prepare a claim for negotiation or litigation.
Legal work may include:
- Obtaining police and DUI investigation records
• Preserving surveillance footage
• Locating and interviewing witnesses
• Reviewing alcohol purchase and payment records
• Examining medical records
• Documenting lost income
• Reviewing liability insurance
• Reviewing uninsured and underinsured motorist coverage
• Investigating employer or vehicle-owner liability when applicable
• Evaluating whether a dram shop claim should be investigated
• Assessing whether punitive damages may be supported by the evidence
Attorney Christopher D. Gunnels spent the first 10 years of his legal career representing individuals, businesses, and insurance companies before focusing his practice on injured people. Learn more about his background at https://gunnelslaw.com/attorney-christopher-d-gunnels/.
Speak With an Atlanta Drunk Driving Accident Attorney
If you were injured by a drunk driver during fall football season in Atlanta, Georgia, Gunnels Law Firm, LLC can review the crash, explain the insurance and liability issues that may apply, and help you understand your legal options.
Attorney Christopher D. Gunnels brings experience from representing individuals, businesses, and insurance companies during the first 10 years of his legal career before focusing his practice on people who have been injured.
Call (770) 766-4484 to discuss your situation, or visit https://gunnelslaw.com/contact-us/.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.