Do You Still Have to Prove Negligence in a Drunk Driving Accident in Atlanta?

If you or your family member were injured in a drunk driving accident in Atlanta, there’s a good chance you’ll be entitled to damages. Of course, the only way to know for sure is to meet with an injury attorney in Georgia. It may seem obvious to you that the other driver was at fault. However, if you do need to file a lawsuit against the other party, your injury attorney in Georgia will still have to prove fault.

Here, we will discuss how your lawyer can prove negligence in your drunk driving accident case. They will attempt to submit proof that the defendant was arrested and charged with drunk driving immediately following your crash. If the other driver was ultimately convicted of DUI, that will strengthen your case even more.

We suggest you call our office so you can schedule a free, initial consultation with one of our injury attorneys in Georgia. Sit down with somebody who knows the law and explain what happened in your drunk driving accident in Atlanta. If they think your case has merit, and it probably does, they may be willing to represent you.

Your Injury Attorney in Georgia Will Have to Prove Negligence No Matter What

It may seem crazy, but even in a drunk driving accident in Atlanta, your injury attorney in Georgia must still prove negligence. To do this, they need to demonstrate the following four things.

Duty of Care

The first thing your lawyer must prove is that the defendant owed you a duty of care. This is a no-brainer. Anybody who gets behind the wheel on the roads in Georgia owes a certain duty of care to other motorists. At a minimum, the other driver was required to follow all the local traffic laws.

Breach of Duty

The second thing you have to prove is that the defendant somehow breached this duty of care. In a drunk driving accident in Atlanta, this is almost a given. When the police officers come to the scene to investigate the crash, they will check to see if either driver is under the influence of drugs or alcohol.

If they determine that the other driver was in fact drunk at the time of the crash, they will arrest them and charge them with DUI. Your attorney will use evidence of this arrest as proof that the defendant breached their duty of care.


It is not enough that you were involved in a drunk driving accident in Atlanta. Your injury attorney Georgia still has to prove that you somehow suffered an injury. Technically, your injury can be financial or physical. However, in our experience, accidents such as this leave their victims in very bad shape. It should not be difficult to prove that you were hurt.

a drunk driving accident about to happen


The final element that you must prove is that your injuries were caused by the defendant’s breach of duty. If your argument is that the defendant breached their duty by driving drunk, it’s not a far stretch to find that your injuries were caused by their breach. In other words, can the defendant’s attorney prove that something other than your drunk driving accident in Atlanta caused your accident? Probably not.

Once your injury attorney in Georgia has proven these four elements, they can move on to the issue of damages.

You May Be Entitled to Punitive Damages for Your Drunk Driving Accident in Atlanta

In any car accident case, our injury attorneys in Georgia demand certain types of damages. For example, if you suffered any damage to your vehicle, your attorney will demand that the defendant reimburse you for this.

They would have to compensate you for either the money it cost to fix your car, or the fair market value of your vehicle at the time of the crash. Your attorneys are also going to demand that you be compensated for any medical bills you experienced. This includes any current medical bills as well as any medical bills you may incur in the future.

In addition to these economic damages, the defendant may be ordered to pay you damages for pain and suffering. These damages are intended to compensate the victim for any mental or physical anguish they suffered as a result of the crash.

Since you were involved in a drunk driving accident in Atlanta, your injury attorney is also going to demand punitive damages. These damages are meant to punish the defendant for their behavior. Punitive damages are rarely granted in a car accident case. However, if your attorney can show that the defendant was well over the legal limit, you may have a good case for receiving punitive damages.

Rather Than Try to Handle This on Your Own, Contact an Injury Attorney in Georgia

Most people involved in drunk driving accidents in Atlanta suffer very serious injuries. Some of our clients have needed surgery or even multiple surgeries. This is because drunk driving accidents are so dangerous. When someone gets behind the wheel after drinking alcohol or using drugs, there’s no telling what kind of decisions they’ll make.

Some drunk drivers speed or drive in the wrong direction. Others don’t stop at red lights or stop signs. And because they are drunk, they don’t feel the impact of the crash the way you do. That’s why accident victims in these cases typically suffer the brunt of the injuries.

If you or your loved one were hurt in a drunk driving accident, you should contact our office right away. You can sit down with one of our injury attorneys in Georgia and discuss your case. If your injuries are too serious to come to us, we can always arrange to conduct your free, initial consultation by phone or virtually. As long as we can get the necessary information from you, we can get started on your case.

Normally, one would think the insurance company would pay a claim on a drunk driving accident in Atlanta. However, that’s not always the case. If your claim is rather large, there’s a chance the insurance adjuster will think they can settle for much less down the road. Your Atlanta car accident attorney will make sure that this doesn’t happen.