In Georgia, you can sue a bar or restaurant if they knowingly served alcohol to a driver who was either noticeably drunk or under age 21, and likely to drive soon, and that driver caused the crash that left you with severe injuries.
Holding a business accountable through Georgia’s “dram shop” laws can provide another source of compensation for your losses. Pursuing a dram shop claim may be especially important if the driver who hit you lacks the resources to cover your losses.
However, bars and restaurants rarely admit fault, and their insurance companies usually push back hard against dram shop claims. To learn more about how you can build a strong case and demand full and fair compensation, you should consult with an experienced DUI car accident lawyer at Sherrod & Bernard, P.C., without delay.
When Is a Driver Legally ‘Drunk’ Under Georgia Law?
In Georgia, the law deems a driver to be impaired enough to be guilty of DUI if the amount of alcohol in their system renders them unable to drive safely. The law doesn’t require a specific blood alcohol content (BAC). Officers can arrest someone for DUI based on behavior, speech, or other signs of impairment.
The driver’s impairment is presumed if they have a BAC of 0.08 percent or higher, even if they show no obvious signs of impairment. For drivers under 21, the limit is 0.02 percent. For commercial driver’s license (CDL) holders, the limit is 0.04 percent.
What Is Georgia’s Dram Shop Law?
In some drunk driving cases, Georgia’s dram shop law allows crash victims to file claims against a business or social host who gave the drunk driver alcohol. The law applies in the following two main scenarios:
- A party knowingly serves alcohol to someone who is under 21 and likely to drive soon.
- A party knowingly serves alcohol to someone who is noticeably drunk and likely to drive soon.
This law allows victims to hold bars, restaurants, stores, and even private parties responsible if they contribute to a DUI crash by serving someone they shouldn’t have served.
The law requires proof beyond that someone got served too much alcohol. It requires claimants to show that the server knew the person was underage or already intoxicated and would likely be getting behind the wheel soon.
How Do You Prove Dram Shop Liability in Georgia?
If you’re asking, “Can I sue a bar or restaurant in Georgia for over-serving the driver who hit me?” the general answer is yes. However, you must show evidence of the following factors to prove dram shop liability in Georgia:
- The person who caused the crash was drunk.
- A bar, store, or host served that person alcohol despite knowing that they were under 21 or clearly drunk at the time.
- The alcohol provider knew the drunk or underage person would likely be driving soon.
Receipts, photos, witness testimony, and even the server’s statements can support a dram shop liability claim in Georgia. Sometimes, toxicology reports and surveillance footage also confirm how much alcohol the person drank.
Proving dram shop liability can be a game-changer in DUI accident cases. It can open the door to additional sources of compensation, which can make a huge difference in your recovery if the drunk driver can’t fully cover your losses.
How Long Do You Have to File a Dram Shop Claim in Georgia?
In Georgia, you usually have two years after you suffer injuries in a DUI crash to file a dram shop liability claim or other type of personal injury claim.
If the victim died from their injuries, their family may bring a wrongful death claim. The filing window for wrongful death claims is also two years. It starts on the date of death, which isn’t necessarily the same as the crash date.
If you miss a filing deadline, you could permanently lose your right to recover any compensation, no matter how strong your case might be. Dram shop claims take time to investigate, especially when gathering evidence against a bar or host.
So, taking swift action matters. If you think you have a car accident claim, contact an experienced personal injury lawyer right away so they can preserve evidence and keep your case on track.
What Compensation Could You Recover in a Georgia Dram Shop Case?
In a Georgia dram shop case, you could claim compensation that falls into the category of compensatory damages, including compensation for your:
- Medical bills
- Lost wages and future income
- Pain and suffering
- All other losses directly tied to the crash.
The goal of these damages is to cover your immediate losses and future costs if your injuries have long-term effects.
In rare car accident lawsuits involving serious misconduct, courts may also award punitive damages. These damages do not compensate you for specific losses. Instead, they punish the at-fault party and deter future misconduct, such as serving alcohol to noticeably drunk and/or underage drivers.
If the crash caused a death, the family can seek damages in a wrongful death claim that may include damages for lost future income, funeral expenses, and the value of the person’s life.
In any type of dram shop claim, the types and amounts of damages available depend on the facts. However, a drunk driver may not have enough insurance or money to pay what they owe you, even if you win your case. That’s why holding the alcohol provider accountable can make a big difference.
Could You Still Recover Compensation If You Were Partly at Fault?
Under Georgia’s modified comparative fault rule, you can still recover compensation from another party even if you were partly at fault for the crash.
- If you were 50 percent or more at fault, you can’t recover anything.
- If your percentage of fault is below that threshold, you can recover damages, but they are reduced based on your percentage of fault.
For example, if you were 20 percent at fault for the crash, and the damages amounted to $100,000, you could still recover money. The available amount would decrease by 20 percent, leaving the award at $80,000.
A lawyer can help you collect proof of other parties’ fault and deal with blame-shifting tactics, so you don’t leave money on the table.
Contact a Georgia Car Accident Lawyer Today
If you got hurt in a crash caused by a drunk driver, Sherrod & Bernard, P.C., can help. Our team has more than 85 years of combined legal experience and has recovered tens of millions of dollars for injury victims and families across Georgia. We know how to take on bars, restaurants, and insurance companies that try to avoid responsibility. Contact our car accident attorneys today for your free consultation. We’ll review your case, answer your questions, and help you explore your options.