Kennesaw, GA, Drunk Driving Accident Lawyer
The phrase “car accident” suggests an unavoidable, unfortunate mistake. But being hit by a drunk driver is no accident. It is the direct result of a conscious, criminal decision to get behind the wheel while impaired. When this reckless choice leads to a devastating crash on Cobb Parkway, I-75, or any other road in Kennesaw, the victims are left with not only severe physical injuries but also a profound sense of anger and injustice. In this difficult time, you need more than just a lawyer; you need a powerful advocate.
Our experienced Kennesaw, GA, drunk driving accident attorneys understand the unique nature of these claims, and we are committed to fighting for the full measure of justice you deserve. At Williams Elleby Howard & Easter, we work to hold drunk drivers and any other responsible parties fully accountable. Contact us today for a free, confidential consultation.
The Crime of Driving Drunk Also Qualifies as Negligence
A drunk driving crash is fundamentally different from other motor vehicle collisions. While a standard car accident claim is based on negligence, usually a driver’s carelessness or inattention, a drunk driving claim arises from recklessness. The driver made a choice that demonstrated a conscious disregard for the safety and lives of everyone else in the community.
We understand the unique emotional toll this takes on victims and their families. The knowledge that your pain was 100% preventable creates a level of trauma that must be acknowledged. Our legal approach is designed not only to secure the compensation you need to rebuild your life but also to achieve a sense of justice by holding the drunk driver fully accountable for the harm they have caused.
How a Civil Drunk Driving Claim is Different
Because these cases also involve criminal behavior, the path to civil justice has unique and powerful legal avenues that are not available in standard car accident claims. A successful outcome requires a law firm with deep experience in leveraging these differences to your advantage.
The Pursuit of Punitive Damages
In a typical personal injury case, you can recover “compensatory” damages to cover your losses, like medical bills and pain and suffering. In a drunk driving case, however, Georgia law often allows an injured person to pursue punitive damages. As outlined in O.C.G.A. § 51-12-5.1, punitive damages are not designed to compensate you, but rather to punish the defendant for their egregious conduct and deter them and others in the community from making the same dangerous choice in the future. Securing punitive damages sends a powerful message that our community will not tolerate this behavior.
The Parallel Criminal Case
When a drunk driver causes an accident, two legal cases may begin simultaneously:
- The Criminal Case: The State of Georgia prosecutes the driver for the crime of Driving Under the Influence (DUI). The goal is criminal punishment, such as fines, license suspension, or jail time.
- The Civil Case: This is the case we handle for you. The goal is to recover financial compensation for your injuries, damages, and suffering.
These two cases are separate, but the criminal case can be a powerful source of evidence for your civil claim. A guilty plea or a conviction in the DUI case can often be used as conclusive proof of the driver’s negligence in your personal injury lawsuit, significantly strengthening your position and making it much harder for their insurance company to deny fault.
Dram Shop Liability: Holding Bars and Restaurants Accountable
Sometimes, the intoxicated driver is not the only party at fault. Under Georgia’s Dram Shop Act (O.C.G.A. § 51-1-40), a bar, restaurant, or other establishment that sells alcohol can also be held financially liable for the harm their intoxicated patron causes. To pursue this path, we must prove that the establishment:
- Sold and served alcohol to a person who was “noticeably intoxicated”; and
- Knew that the person would soon be driving a motor vehicle.
Our firm can conduct an exhaustive investigation to trace the driver’s actions in the hours leading up to the crash. If we find evidence that a bar or restaurant recklessly over-served an obviously drunk patron, we can aggressively pursue a claim against that establishment to maximize your recovery.
Why Choose Williams Elleby Howard & Easter for Your Drunk Driving Accident Case
These complex and emotionally charged cases require a law firm with specific experience and an unwavering commitment to victims. We have the resources, knowledge, and determination to fight for the justice you deserve.
- Experience with Punitive Damage and Dram Shop Claims: We know how to build a case that not only proves your right to compensation but also demonstrates the aggravating circumstances necessary to pursue punitive damages. We have the investigative resources to pursue complex dram shop claims against negligent establishments.
- Leveraging the Criminal Proceedings: We understand how to use the evidence, testimony, and outcomes from the parallel DUI case to strengthen your civil claim and put maximum pressure on the insurance company.
- A Commitment to Maximum Accountability: Our goal is not just to settle quickly; it is to hold every responsible party fully accountable. We are dedicated to exposing the reckless choices that led to your harm, whether they were made by the driver or the business that overserved them.
- Compassionate Counsel for Victims: We know you are going through an unimaginable ordeal. We provide the compassionate, personal support you need while serving as the strong, aggressive legal advocate you deserve. We handle everything on a contingency fee basis, so we cover all expenses upfront, and you won’t pay us any legal fees unless we successfully recover compensation for you.
What Damages Can Be Recovered in a Kennesaw Drunk Driving Lawsuit?
The financial, physical, and emotional costs of being hit by a drunk driver are immense. A civil lawsuit is your opportunity to demand full and fair compensation for the losses you have suffered. Our legal team conducts a comprehensive valuation of your damages to ensure our demand for compensation is complete.
The compensation we fight for can be broken into three distinct categories in a drunk driving case:
1. Economic Damages (Compensatory)
These are the tangible, out-of-pocket financial losses caused by the crash. We use all available documentation, from medical bills to pay stubs to expert financial reports, to prove the full extent of these costs. This includes:
- All Current and Future Medical Bills: This covers everything from the initial emergency transport and trauma care to surgeries, hospitalization, physical therapy, prescription medications, and any long-term rehabilitative or nursing care you may need.
- Lost Wages and Income: We pursue full recovery of the income and benefits you lost while you were unable to work during your recovery.
- Diminished Earning Capacity: If your injuries are permanent and affect your ability to earn a living in the future, we will fight for compensation for this lifelong loss of income potential.
- Property Damage: This covers the full cost to repair or replace your vehicle and any other personal property destroyed in the collision.
2. Non-Economic Damages (Compensatory)
These damages are meant to compensate you for the profound, personal, and non-financial toll the drunk driver’s actions have taken on your life. They acknowledge the human cost of the crash and often represent the most significant portion of a claim. This includes:
- Physical Pain and Suffering: For the intense physical pain and chronic suffering you have endured and may continue to endure for the rest of your life.
- Emotional Anguish and Trauma: This specifically addresses the heightened emotional trauma that comes from being the victim of a violent, criminal act. It can include compensation for PTSD, anxiety, fear, and depression.
- Loss of Enjoyment of Life: For the loss of your ability to participate in hobbies, recreational activities, and daily routines that once brought you happiness and fulfillment.
- Permanent Scarring or Disfigurement: Compensation for the permanent physical reminders of your injuries.
3. Punitive Damages (To Punish)
This is the category of damages that sets drunk driving cases apart. If we can prove that the driver’s conduct showed a willful, wanton, or conscious disregard for the safety of others, we can ask a jury to award punitive damages. These damages are designed to punish the drunk driver and send a clear message to the community that such reckless behavior will have severe financial consequences.
How a Williams Elleby Howard & Easter Drunk Driving Lawyer Can Help You
When you are recovering from a traumatic crash, your focus should be on your health and your family, not on battling an insurance company. That’s our job. When you hire our firm, we will be a dedicated partner who will manage every complex detail of your claim. Our team will:
- Launch a Thorough Investigation: We will gather all evidence, including police reports, breathalyzer or blood test results, and information from the criminal case. We will also investigate where the driver was drinking to identify any potential Dram Shop liability.
- Handle All Communications: We immediately take over all contact with the insurance adjusters, shielding you from their questions and pressure tactics. From the moment you hire us, they talk to us, not you.
- Accurately Calculate Your Full Damages: We will work with you, your doctors, and financial experts to create a comprehensive accounting of every single loss you have suffered, including future medical needs and the grounds for punitive damages.
- Leverage All Available Evidence: We will use the evidence from the DUI criminal proceedings to establish irrefutable proof of fault in your civil case, putting maximum pressure on the insurance company to offer a fair settlement.
- Fight for a Just Outcome: We are aggressive negotiators and skilled trial attorneys. We will never settle for less than you deserve, and we are always prepared to take your case before a judge or jury to demand full accountability.
Contact a Compassionate Kennesaw, GA Drunk Driving Accident Attorney Today
You have been the victim of a senseless and selfish act. You deserve a legal team that is not only highly skilled in the law but also understands the emotional weight you are carrying. Let the team at accident injury law firm in Kennesaw be your voice for justice. We will stand by your side, fight for your rights, and work tirelessly to secure the maximum compensation and accountability the law allows.
The consultation is always free and completely confidential, and you will never pay us a fee unless we win your case. Call us today at (404) 389-1035 or complete our online contact form to let us help you take the first step toward rebuilding your life.
Kennesaw, GA Drunk Driving Accident Lawyer FAQs
No, you should not wait. The statute of limitations on your civil claim is ticking, regardless of what happens in the criminal case. It is critical to hire an attorney and begin your civil investigation immediately to preserve evidence and protect your rights. The two cases can proceed on parallel tracks, and an experienced attorney will know how to manage both to your advantage.
Yes. While the primary source of recovery is typically the driver’s auto insurance policy, if your damages exceed the policy limits, you may be able to pursue a judgment against the driver’s personal assets. Furthermore, if we can prove a Dram Shop claim against a bar or restaurant, that establishment’s commercial liability insurance can provide another, often much larger, source of potential compensation.
Absolutely not. This is a common tactic to make you feel like they are on your side, so you will accept a quick, low settlement. An offer to pay only your current medical bills does not account for future medical needs, lost wages, or, most importantly, your immense pain and suffering and your right to punitive damages. Never sign anything or accept any payment without speaking to an attorney first.
Williams Elleby Howard & Easter – Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404-389-1035)
