Georgia DUI Injury Lawyer

Atlanta Lawyer Jason McLendon is an experienced DUI accident lawyer representing victims injured by drunk drivers in Georgia.

  • Our firm is honored to be recognized as one of Georgia’s top law firms specializing in accident victim representation.
  • We provide unmatched attention to your DUI accident claim.
  • We will go the extra mile for you. If you are unable to travel to our office, we will happily meet you at your home!
  • We explore every settlement source available to you. A DUI accident lawyer will make sure that you are compensated by every available insurance policy.
  • Our fees are lower than most other large injury firms. Our goal is to make sure that you recover from your injures and receive the maximum compensation for your injuries.

What should I do if I was injured by a drunk driver?

If you were injured by a drunk driver, it is important that you take pictures of the vehicles involved, gather witness information and document any visible injuries that you have.

It is equally important for you to contact an injury lawyer. DUI accidents likely entitle you to punitive damages which can dramatically increase your settlement amount. Call us today for a free consultation regarding your DUI accident case at 404-565-1618.

What can a lawyer do for a Drunk Driving Victim?

Being injured by a drunk driver can be stressful and overwhelming. To make matters worse, the insurance company hopes to pressure you into a quick settlement for a fraction of the value of your injury claim.

The insurance companies are not concerned that you receive necessary compensation so that you can afford necessary medical treatment. As a victim in a drunk driving accident, you should never handle your injury case alone. You need a DUI injury lawyer who will deal with the insurance company while you to focus on recovering from your injuries.

It is important to hire an injury lawyer because an experienced lawyer can will ensure that your injury claim is properly preserved. Also, an experienced injury lawyer will seek all available sources of compensation – including punitive damages based upon your injures and property damages.

Do not trust your DUI injury case to just any lawyer. Too often, inexperienced injury lawyers are not aware that punitive damages can be recovered from both injuries and property damage which will significantly decrease your overall settlement.

Pursuing any injury claim can be a daunting process if you attempt to handle this matter alone. By hiring a DUI accident lawyer, you do not have to worry yourself with the financial obligations or stress involved with properly pursuing your injury claim. Our injury law firm will front any expense money necessary to pursue your claim. If we do not win your case, you do not have to pay for our time nor will you be required reimburse us for expenses that we invested into your injury case.

DUI accidents victims frequently suffer from serious injuries. As a result, DUI accident victims are usually entitled to significant compensation. Many accident lawyers will give up if the insurance company refuses to pay you the amount you deserve. Not us! If the insurance company refuses to pay you the maximum amount allowed by Georgia law, we will file a lawsuit to continue your fight for justice. We will even take your case to trial if that is what it takes for you to receive the compensation you deserve.

The only way that you make sure you receive the compensation you deserve is to hire an experienced injury lawyer.

Call us at (404) 565-1618 to schedule a free consultation where we will discuss your injury claim with a DUI injury lawyer. We have offices conveniently located in Atlanta and Rome. If you are unable to meet at our office, we can travel to your home or meet remotely.

What should I do if I was injured by a drunk driver?

Drunk driving accidents can be life altering events. Drunk drivers are a public danger and account for many of the most serious accidents on Georgia roadways. If you were injured by a drunk driver, you need the assistance of a personal injury attorney who specializes in drunk driving accidents.

In any accident, it is important for you to contact the police so that a report of the accident can be made. This is even more important if you believe you were injured by a drunk driver.

Police officers are trained to detect if a person is driving drunk. Nevertheless, if you suspect that you were struck by a drunk driver, you should convey your suspicions to the police upon their arrival. If you can, record video or audio of the drunk driver memorializing evidence of their intoxication. This will make sure that you receive the compensation that you deserve after being injured by a drunk driver.

Accident victims who are injured by drunk drivers are almost always entitled to substantial compensation. Personal injury lawyers are able to demand punitive damages to compensate the victims of drunk driving accidents. Punitive damages are meant to punish drunk drivers. An experienced personal injury attorney can help you receive punitive damages for any injuries and property damage that is caused by a drunk driver.

Lawyer Jason McLendon is an experienced and aggressive personal injury attorney who specializes in drunk driving accidents. Not only can you receive substantial compensation from the drunk driver who caused your injuries, but you may be able to recover even more compensation if the drunk driver was over-served at a bar or restaurant. Bar tenders and servers are required to refuse to serve alcohol to drunk patrons. Georgia law allows victims of drunk driving accidents to sue establishments who over-serve their customers.

If you were involved in an accident with a drunk driver you should take the following steps:

  • Contact the police and tell them you believe you were struck by a drunk driver.
  • Take pictures and videos! Document everything that you can.
  • Get contact information for all witnesses who saw the accident.
  • Make sure that the drunk driver does not switch seats with a passenger.
  • Make sure that the drunk driver doesn’t dispose of evidence such as beer cans.
  • If you are injured, go to the hospital to get the medical treatment you need.
  • Never give a recorded statement to the insurance company without first speaking with an injury lawyer.

Call a personal injury lawyer that specializes in recovering compensation for victims in drunk driving accidents.

Call us at (404) 565-1618 to schedule a free consultation where we will discuss your injury claim with a DUI injury lawyer. We have offices conveniently located in Atlanta and Rome. If you are unable to meet at our office, we can travel to your home or meet remotely.

When is a driver deemed “drunk?”

The state of Georgia defines a drunk driver in two ways. The first and most common definition of a drunk driver is a driver whose blood alcohol content is equal to or exceeds the “legal limit” of .08 percent.

A driver can also be under the influence if their blood alcohol content renders them “less safe” to operate a vehicle. Thus, it is possible to be driving under the influence while also being under the legal limit of .08 percent.

There are special rules for commercial vehicles and people under the age of 21. If a commercial driver has a blood alcohol concentration of more than .04 percent, the are deemed to be intoxicated. Drivers under 21 are deemed to be intoxicated at .02 percent.

If you believe that you were injured by a drunk driver, you should share your suspicions with the police. Law enforcement officers are trained to detect impaired drivers and they will investigate to see if your accident was caused by a drunk driver.

What if I was injured by a driver that was stoned or high?

In modern times, it is not only drunk drivers that cause serious injuries. With many jurisdictions relaxing marijuana laws, more people are now being injured by drivers who are impaired than ever before.

A driver under the influence of marijuana or any other substance is “impaired” and not lawfully allowed to operate a motor vehicle on Georgia roadways. If you suspect that you were injured by a driver who was under the influence of any substance, you should convey your suspicions to the police. Law enforcement officers are trained to detect impaired drivers and they will investigate to see if your accident was caused by an impaired driver.

You should record video or audio of the imparied driver, capturing evidence of their intoxication. This will help you receive the compensation that you deserve after being injured by an impaired driver.

A driver who causes injuries while under the influence of drugs will likely face serious criminal charges. However, you will not receive the compensation that you deserve through the criminal court. You need the services of an injury lawyer who has successfully handled injury cases for the victims of impaired drivers.

If you were injured by an impaired driver, you are almost certainly entitled to significant compensation – including punitive damages. Punitive damages are intended to punish and deter people from driving while impaired. An experienced injury attorney can help you receive punitive damages for any injuries and property damage caused by an impaired driver.

Call us at (404) 565-1618 for a free, no obligation consultation to discuss your injury claim.

How much does a DUI Accident Lawyer cost?

If you were injured by a drunk driver, you are likely concerned with how you are going afford your medical bills. The last thing you need is another out-of-pocket expense. Many people think that they cannot afford an accident lawyer – but this is not true!

If you were injured in any accident, a personal injury lawyer is the best investment that you can make. Accident lawyers are paid on what is called a contingency fee. This means that if we do not win your case, we do not get paid. Better yet, you never have to pay any money out of your pocket. An injury lawyer will take a predetermined portion of the settlement as payment for handling your case.

Be careful. Not all injury lawyers charge the same percentage. The large law firms spend tens of thousands of dollars every month to advertise on billboards and television. As a result, they almost always charge a higher percentage than other personal injury law firms. They also tend settle you case quickly for less money because their focus is generating quick settlements – rather than the quality legal representation. Our law firm charges the lowest standard rate of any personal injury law firm so you can be confident that you will receive the maximum compensation for your injury caused by a drunk driver.

Importantly, Jason has a guarantee that he will never receive more money from a settlement than a client. After all, you were injured. You deserve maximum compensation for your injuries. A shocking number of injury lawyers do not follow this practice and will regularly take more money from your injury case than you will receive.

If you were injured by a drunk driver, call 404-565-1618 for a free consultation with a personal injury lawyer who is a trusted partner within the Latino community.

Do I need a lawyer after a drunk driving accident?

If you were injured by a drunk driver, it is imperative that you contact an injury lawyer specializing in drunk driving accidents. Otherwise, you may receive less compensation than you are entitled to under Georgia law.

The first step to preserve a claim for a DUI injury victim is to obtain photographs of all vehicles involved. If your injuries prohibited you from taking photographs at the scene of the accident, we can ensure that we receive and preserve this important evidence.

Sometimes, it is necessary to have the vehicles involved in a DUI accident inspected. In the event that this is necessary, we partner with Georgia’s best accident reconstructionists to build your injury claim against the drunk driver. An accident reconstructionist will inspect the vehicles as well as download important data from the “black box” located within each vehicle.

A DUI injury lawyer can help you get the medical treatment you need. If left untreated, injures caused by a drunk driver can severely impact your future. You may find yourself unable to work or perform normal daily activities. You do not have to live in constant, debilitating pain. Do not let a drunk driver unnecessarily impact the rest of your life. An accident lawyer can help you not only receive the compensation you deserve; we can also ensure you receive the medical treatment you need to recover from your injuries-even if you do not have health insurance.

Do not let the insurance company pay you less than what you deserve. Victims of drunk drivers are almost always entitled to substantial compensation. Injury lawyers know how to demand punitive damages to compensate the victims of drunk driving accidents. Punitive damages are meant to punish the drunk driver. An experienced personal injury attorney can help you receive punitive damages for your injuries and your property damage caused by a drunk driver.

If you were injured by a drunk driver you deserve an experienced and aggressive injury lawyer. Call (404) 565-1618 for a free, no obligation consultation regarding your injury case.

How much is a DUI injury accident worth?

People injured in drunk driving accidents frequently want to know how much their DUI injury claim is worth. There are no hard and fast rules about the value of your injuries. As a general rule, the total value of your injuries is left for a jury to determine.

That said, a powerful legal team experienced in drunk driving accidents gives you the best chance of receiving the compensation that you deserve without a lengthy delay waiting for a jury trial. An experienced injury lawyer will demand substantial compensation from the insurance company using your injuries, medical bills, lost wages, the agony that you endured and punitive damages.

Injuries:

The most important factor that determines the value of most bodily injury claims is the extent of your injuries. Typically, serious injuries are accompanied by significant medical expenses.

Logically, a settlement for someone with serious injuries will be greater than a settlement for someone with only minor injuries. In theory, a settlement in a drunk driving accident case is designed to compensate you for your pain and suffering, out of pocket expenses and time spent seeking medical treatment. In legal terms, you are being “made whole” again to put you in the place you were prior to your accident. Because the proceeds of your injury settlement are intended to make you whole again, you will receive these funds tax free.

Sometimes, a somewhat serious injury will not be accompanied by expensive medical bills. An example of this is a broken bone. And accident victim with a broken bone will endure pain and suffering throughout a lengthy recovery; but there is relatively little medical treatment involved in this injury.

DUI accident injuries are different than the average car accident case. Settlements for DUI injury victims cases are not only directly related to the injuries sustained in the accident due to a legal concept called punitive damages. This concept is further discussed below.

Medical Bills:

Generally speaking, the more medical expenses that you incur due to your injures, the more your claim is worth. This is because substantial medical treatment is generally an indicator of severe injuries.

Yet, DUI injury victims are entitled to punitive damages which can greatly increase your settlement if pursued.

Pain and Suffering:

Pain and suffering is an important portion of your injury claim. However, it is difficult to quantify how much your pain and suffering is worth. In theory, the value of your pain and suffering is generally related to the amount of your medical bills.

However, in some circumstances, your pain and suffering is not strictly associated with the medical bills. Broken bones are a great example of an injury where pain and suffering is not quantified by the medical bills. Generally broken bones are very painful injuries that significantly disrupt daily life. Yet, this type of injury rarely requires frequent or continuous medical treatment to recover. In this circumstance, you need an experienced injury lawyer to negotiate the true value of this injury – despite not having significant medical expenses.

Property Damage:

Property Damage is another component that may have an impact on the value of your settlement. Although this is not the most significant component of your injury claim, it is important to know how property damage can impact the value your claim.

If your vehicle is damaged, you should always file a property damage claim and have your vehicle repaired. Naturally, an insurance adjuster will be skeptical if an injured party claims to have serious injuries resulting for an accident where there is no visible damage to the vehicles involved.

The most important reason you should file a property damage claim is that an experienced DUI injury lawyer will demand punitive damages based upon your property damage which can exponentially increase the settlement amount that you receive.

Punitive damages:

Approximately one third of all DUI arrests are repeat offenders. As a result, Georgia has enacted strict civil and criminal penalties with the hope that people are deterred from driving drunk.

Punitive damages is a legal concept where the at-fault driver is required to not only pay for the actual value the bodily injuries and property damage – but the bad actor is also required to pay the victim money as a form of punishment.

Punitive damages are not available in car accidents caused only by a negligent driver. They are reserved for egregious situations. O.C.G.A. § 51-12-5.1 allows punitive damages to be sought if the following occur:

  • Willful misconduct
  • Malice
  • Fraud
  • Wantonness
  • Conscious disregard to negative consequences

Drunk Driving accidents will always entitle you to punitive damages. In fact, even if you were not injured, our law firm is able to secure you substantial compensation based solely upon your property damage claim.

If you were in an accident with a drunk driver in Atlanta, you should contact an Atlanta DUI injury lawyer to discuss how punitive damages can dramatically increase your settlement value.

Can I sue if a family member was killed by a drunk driver?

Losing a loved one is never easy. When you find out that their death was caused by egregious misconduct, it hurts even worse. The family of a deceased drunk driving victim is entitled to substantial compensation and punitive damages.

DUI accidents are the #1 cause of death on Georgia roadways. According to MADD, in 2018 more than ten thousand people were senselessly killed by drunk drivers and hundreds of thousands of innocent people were injured.

A wrongful death claim can be filed by the heirs of the victim of a fatal accident. A Georgia lawyer specializing in wrongful death can help you determine who can bring this type of claim.

A wrongful death claim will reimburse the victim’s family for expenses incurred such as medical expenses, funeral expenses, and lost wages. You also may be compensated for the decedent’s pain, suffering and injuries that they experienced prior to their unfortunate passing.

If you lost a loved one due to a drunk driver, you need the assistance of an experienced attorney who has handled wrongful death cases. Let us handle all of the details of preserving and pursuing the wrongful death claim while you and your family grieve your untimely loss.

To properly preserve your wrongful death claim, it is usually important to act quickly to safeguard necessary evidence. Call us today for a free consultation where we can discuss your wrongful death claim relating to a drunk driving accident.

Can a third party be liable for a drunk driving accident?

If you were injured by a drunk driver, there could be a third party who is also responsible and liable for your injuries.

In Georgia, there is a legal theory called “Dram Shop Liability.” This theory creates liability for establishments such as bars and restaurants in certain situations. The most common application of Dram Shop Liability is where an establishment is responsible for over-serving a customer. In Georgia, it is illegal for any establishment to sell alcohol to someone who is visibly intoxicated. If this over-served individual then injures or assaults someone, the establishment may be liable for any injuries.

There are four requirements that a drunk driving victim most prove in order to pursue a claim against a third party for their injuries:

  • The third party served or otherwise furnished the alcohol to the drunk driver;
  • The third party knew the individual was noticeably intoxicated
  • The third party knew, or should have known, the intoxicated individual would soon be driving a motor vehicle
  • The drunk driver caused an injury to another party due to their consumption of alcohol

As a part of a DUI accident investigation, we will determine if a third party is responsible for your DUI injury claim. In some circumstances, even if the drunk driver was overserved at social gathering, the host may also be liable under Dram Shop Liability.

If you were injured by a drunk driver in Atlanta, call (404) 565-1618 for a free no obligation consultation with a Georgia DUI injury lawyer.

How do we approach DUI accidents?

Our firm believes that an aggressive approach is the best way to ensure that you recover from your injuries caused by a drunk driver. Rather than waiting to see how the insurance company intends to handle your claim, we proactively build your case from the moment we are retained.

Our team will gather reports, photographs and witnesses necessary to prove that the drunk driver is responsible for your injuries. We will also employ Georgia’s best experts to thoroughly document and maintain evidence proving that the drunk driver caused the accident and is liable for your injuries.

As a part of a DUI accident investigation, we will determine if a third party is responsible for your DUI injury claim. If the drunk driver was overserved at an establishment or social gathering, a third party may be liable for your injuries under Dram Shop Liability.

We will deal with the insurance companies so that you can focus on recovering from your injuries. Call an experienced and aggressive drunk driving accident lawyer today for a free, no obligation consultation at (404) 565-1618.

Frequently Asked Questions from DUI injury victims:

What will it cost to hire a lawyer after being injured by a drunk driver?

You do not have to pay anything out of pocket to be represented by a DUI injury lawyer. If we win your case, we will earn a pre-determined portion of the settlement as payment for the representation.

Hiring a personal injury lawyer is the best investment you can make if you were injured in an accident. The insurance companies and their lawyers will try to pressure you into settling your case for far less than you deserve. Call us at 404-565-1618 for a free, no obligation consultation with a personal injury lawyer.

How long will the process take?

How long your injury claim may last depends on a two main factors. The first is the severity of your injuries and the timeline for your recovery. In most circumstances, we will wait until you are done receiving medical treatment before demanding compensation. As such, the time it takes you to recover from your injuries generally dictates how long your injury claim will last.

The other major factor in determining how long your injury case will last is if the insurance company will agree to a fair settlement. If they refuse to adequately compensate you for your injuries, we will file a lawsuit in our pursuant for justice. We are not afraid to fight for you and we will work tirelessly to ensure that you are compensated for your injuries – no matter how long the process takes.

How are DUI accidents different from typical car accidents?

DUI accidents and are different from average car accidents. The primary difference between DUI accidents and the average car accident is that DUI injury victims are able to demand punitive damages as additional compensation.

Sometimes this additional financial exposure with cause insurance companies to deny a claim. If this happens, we partner with Georgia’s leading accident reconstructionists to ensure that your bodily injury claim is preserved. Our experts will analyze and photograph all vehicles involved in your collision so that, if necessary, we can prove that the drunk driver is responsible for your injuries.

Unfortunately, another distinction between DUI accidents and other car accidents is that DUI injury victims often suffer from severe and sometimes life-threatening injuries. If you or someone you love was injured by a drunk driver, we will build your DUI injury claim with maximum compensation in mind. We strategically position claims in a manner where the insurance company will almost certainly pay out the policy limits – the maximum settlement available to your under Georgia law.

Call us at (404) 565-1618 for a free consultation regarding your DUI injury claim. We can help you navigate this complex type of injury claim and demand the maximum settlement that you deserve.

Should I settle my DUI injury claim or take it to trial?

Whether you should proceed to a trial or settle a case depends on a few variables.

First, how much is the insurance company offering to settle your injury claim? If you are being offered little to nothing to compensate you for your injuries sustained in a DUI accident, it is a pretty easy decision to file suit and proceed towards trial.

On the other hand, an experienced injury lawyer is typically able to have the insurance company agree to pay you the “policy limits” in DUI accident cases. Policy limits are the maximum amount of money available to you under Georgia law. In a case where the policy limits have been tendered, you would not need to pursue a trial.

Whether or not you should resolve your DUI injury claim is a fact specific question that you should discuss with an injury lawyer. Call us for a free, no obligation consultation at (404) 565-1618 to discuss the specific facts of your case.

What should I do if I was injured by an Uninsured Drunk Driver?

Being injured by an uninsured motorist is a frustrating experience, but a personal injury lawyer may still be able to get you compensation for your injuries.

You can, and should, purchase insurance to protect yourself from uninsured/underinsured motorists. There are two types of uninsured motorist protection available. The first is “excess” or “add on” uninsured motorist protection. The other is “reduced by” uninsured motorist protection. You should always choose to purchase the “excess” or “add on” uninsured motorist protection. In many situations, “reduced by” uninsured motorist protection is worthless.

Even if you do not have uninsured motorist protection, there may be other options if you were injured by an uninsured motorist. If a relative who lives in your household has an insurance policy with uninsured motorist protection, you are likely eligible for coverage under your relative’s policy.

Uninsured motorist protections may also be used when the other driver has insurance, but not enough to fully compensate you for your injuries.

If you were injured by an uninsured driver, you should consult with a personal injury lawyer to assist with your claim because insurance companies are very hesitant to compensate you with your uninsured motorist protection. Therefore, you need a lawyer who will fight to get you the maximum compensation available under the law.

Uninsured motorist issues are complex and you do not have to deal with them alone. If you were injured by an uninsured motorist, call a DUI Injury lawyer for a free consultation at (404) 565-1618 to discuss how we may be able to assist you.

The Jason McLendon is a Criminal Defense Attorney who Represents Clients in the Following Criminal Law Areas:
  • All felonies and misdemeanors including:
  • DUI
  • Theft/Shoplifting
  • Violent Crimes
  • Assault/Battery
  • Drug Crimes
  • Property Crimes
  • Sexual Offenses