Drunk driving accidents continue to devastate families and communities across Atlanta and Georgia, with alarming statistics that underscore the ongoing need for legal accountability and victim protection. In a recent year, of 1,797 fatal car accidents in Georgia, 391 involved alcohol-impaired drivers. This means nearly 22 percent of auto accident fatalities were linked to alcohol impairment. According to the Georgia Governor's Office of Highway Safety, while driver negligence is the leading cause of vehicle accidents in the Atlanta area, intoxicated driving is one of the major driving forces behind the number of vehicle accident fatalities reported each year. These devastating crashes impact not only immediate victims but also passengers, families, and entire communities, creating complex legal scenarios involving criminal prosecution, civil liability, and personal injury claims.

The scope of drunk driving incidents extends beyond fatal accidents to include thousands of injury-causing crashes annually. Over 500 traffic crashes took place across the state during a Memorial Day weekend, with officers arresting 500 people who were driving under the influence of alcohol or substances. Most drunk driving crashes occur between midnight and three in the morning. These accidents often result in catastrophic injuries including traumatic brain injuries, spinal cord damage, broken bones, and extensive property damage. Personal injury claims arising from drunk driving accidents frequently involve multiple parties, including the intoxicated driver, bars or establishments that may have over-served alcohol, and insurance companies. Victims and their families may pursue compensation for medical expenses, lost wages, pain and suffering, and in cases involving fatalities, wrongful death damages. The intentional nature of drunk driving—combining the choice to consume alcohol with the decision to operate a vehicle—often strengthens personal injury claims and may allow for punitive damages in addition to compensatory awards.

Legal Rights and Considerations

Georgia operates under specific DUI laws and liability frameworks that significantly impact personal injury claims involving drunk driving accidents. Georgia law considers anyone over age 21 driving with a blood alcohol concentration (BAC) of 0.08% or higher as legally intoxicated, while for drivers under 21, the BAC threshold is 0.02%. Georgia is a fault state when it comes to car accidents, meaning that in order to obtain compensation from an accident, you have to prove the other driver was at fault. The state maintains strict DUI penalties, including criminal prosecution and civil liability, which can strengthen personal injury claims against intoxicated drivers.

Under O.C.G.A. § 9-3-33, personal injury plaintiffs are typically given two years to make their claims from the date of the accident, though recent legislative changes have modified some aspects of personal injury law in Georgia. Georgia's reforms via Senate Bills 68 and 69, effective April 21, 2025, introduce changes including shifting from pure comparative negligence to modified comparative negligence, meaning plaintiffs cannot recover any damages if they're found more than 50% at fault. Insurance considerations are crucial, as Georgia requires all drivers to carry auto insurance, though coverage may be insufficient for severe drunk driving accidents. In Georgia, punitive damages in personal injury cases are generally capped at $250,000, but exceptions include instances where the defendant was intoxicated. Available compensation typically includes medical expenses, lost wages, pain and suffering, property damage, and potentially punitive damages, with punitive damages from a DUI accident potentially exceeding one million dollars in severe cases involving substantial other damages. An experienced Georgia drunk driving accident lawyer will handle all aspects of the legal claim.

• Georgia car accident attorney;
• Georgia pedestrian accident attorney;
• Georgia motorcycle accident lawyer;
• Georgia truck accident lawyer;

Related Resources

Relevant Local Courts:

• Superior Court of Fulton County - 136 Pryor Street SW, Atlanta, GA 30303
• State Court of Fulton County - Handles serious personal injury cases including DUI-related claims
• Magistrate Court of Fulton County - 185 Central Avenue SW, Atlanta, GA 30303 (for smaller claims up to $15,000)
• Municipal Court of Atlanta - 55 Trinity Ave SW, Atlanta, GA 30303

Support Services for Accident Victims:

• MADD (Mothers Against Drunk Driving) Georgia - 24-hour helpline: 1-877-MADD-HELP (877-623-3435)
• Georgia Office of Victim Services - Provides victim compensation and support services
• Georgia Department of Public Safety Victim Assistance - (404) 624-7550 for crash investigation status
• Crime Victims Compensation Program - Up to $25,000 in compensation for expenses and lost income

State Traffic Laws and Regulations:

• Georgia Code Title 40 - Motor Vehicles and Traffic (complete traffic laws)
• Georgia Code Chapter 6 - Uniform Rules of the Road
• Georgia Department of Public Safety - Traffic codes and regulations
• Georgia Department of Driver Services - DUI laws and penalties information
• Georgia Governor's Office of Highway Safety - Drunk driving prevention and statistics

Return to the Atlanta motor vehicle accident statistics page