Augusta Drunk Driving Accident Lawyer

Getting hit by someone who decided to drink before driving brings a particular kind of anger, and Georgia law treats that decision more harshly than an ordinary mistake behind the wheel.

The Hawk Firm’s Augusta drunk driving accident lawyers represent people hurt by impaired drivers across Richmond County and the CSRA, along with families who lost someone in one of these crashes. We handle your injury claim while the State prosecutes the DUI.

The first step is a free consultation. Call The Hawk Firm any hour of the day at +1 (706) 429-5529 and tell us what happened.

Schedule a Free Initial Consultation Today!

Augusta Drunk Driving Guide

• What Changes When the Driver Who Hit You Was Drunk?
• The DUI Prosecution and Your Injury Claim Run on Separate Tracks
• What a Drunk Driving Injury Claim Can Pay For
• What If the Drunk Driver Had Little or No Insurance?
• How The Hawk Firm Builds a Drunk Driving Case in Augusta
• Can Your Own Share of Fault Still Reduce the Claim?
• When a Drunk Driver Causes a Death
• Questions We Hear After a Drunk Driving Crash in Augusta
• Call The Hawk Firm While the Criminal Case Is Still Moving

What Changes When the Driver Who Hit You Was Drunk?

For anyone hit by a drunk driver in Augusta, three things change. Georgia removes its usual cap on punitive damages, a criminal case runs next to your claim, and a bar or another party may share responsibility for the driver’s condition.

The rest works much like any other Augusta car accident claim. You still prove the other driver caused the crash, document your injuries, and deal with an insurance company. The DUI adds tools that a normal fender bender does not have, and an Augusta car accident lawyer can put those tools to work for you.

Punitive Damages Have No Cap in Georgia DUI Cases

In most Georgia injury cases, punitive damages stop at $250,000. Under O.C.G.A. § 51-12-5.1(f), that limit does not apply when the person who caused the harm was under the influence of alcohol or drugs to the point that their judgment was substantially impaired. An Augusta personal injury lawyer can help determine whether these exceptions may apply and whether the facts support a claim for punitive damages.

Punitive damages are meant to punish, not to repay your losses. You must prove the driver’s conduct by “clear and convincing evidence,” a higher bar than the rest of the claim. The uncapped award runs only against the impaired driver personally. Our breakdown of the compensation available to drunk driving victims in Georgia goes further into how juries weigh these awards.

Can the Bar That Served the Driver Be Held Responsible?

Sometimes, yes. Under Georgia’s dram shop statute, the bar or restaurant that overserved the driver may also be liable if it knowingly served someone who was noticeably intoxicated and knew that person would soon be driving. The same rule reaches anyone who knowingly serves alcohol to an underage driver under those conditions. An Augusta dram shop liability lawyer can help determine whether the establishment may be held responsible for the resulting injuries.

An employer can also enter the picture when the driver was working at the time of the crash. Our post on what happens when a drunk driver was driving a work vehicle explains how that claim differs.

The DUI Prosecution and Your Injury Claim Run on Separate Tracks

The criminal DUI case and your injury claim are two different proceedings. The State prosecutes the driver for breaking the law. Your claim asks for money to cover what the crash cost you. One can help the other, but neither waits for the other to finish.

	Criminal DUI case	Your injury claim
Who brings it	The District Attorney	You, through your lawyer
What it decides	Guilt and a sentence	Fault and money damages
Proof needed	Beyond a reasonable doubt	More likely than not
Where money goes	Fines to the State, restitution to you	Damages to you and your family

Do You Have to Wait for a DUI Conviction to File?

No. Your claim does not depend on a conviction, and many claims resolve before the criminal case ends. A conviction still helps, because it shows a court already found the driver impaired.

The type of plea matters. A guilty plea can be used as evidence against the driver in your civil case. A plea of nolo contendere, or “no contest,” cannot be used that way under Georgia law, which is one reason we follow the criminal docket closely.

The Criminal Case and Your Filing Deadline

Georgia gives you two years from the crash to file an injury lawsuit under O.C.G.A. § 9-3-33. A separate statute, O.C.G.A. § 9-3-99, pauses that clock for crime victims while the prosecution is pending, for up to six years.

We do not build a case around that pause. It has limits, it does not extend the shorter notice deadlines for claims against a city or county, and courts read it closely. The safer plan is to treat two years as the real deadline.

Restitution Does Not Replace a Lawsuit

A criminal judge in Georgia can order the driver to pay you restitution, but Georgia law says a restitution order does not bar a civil action. Any restitution the driver pays is credited against a civil judgment, so you are not paid twice for the same bill.

Georgia’s Crime Victims Compensation Program

DUI crashes, serious injury by vehicle, and homicide by vehicle are covered crimes under the Georgia Crime Victims Compensation Program, run by the Criminal Justice Coordinating Council. The program pays up to $25,000 per victim for items such as medical bills, lost wages, and funeral costs.

It has its own rules. The crime must be reported to police within 72 hours unless there is good cause, and applications are due within three years. We help clients file it early, because it can cover bills while the injury claim is still open.

Want to know which of these options fit your crash? Call +1 (706) 429-5529 for a free case review with The Hawk Firm, day or night.

What a Drunk Driving Injury Claim Can Pay For

A drunk driving claim covers the same losses as any injury claim, plus punitive damages that punish the driver. Georgia law groups the losses into three kinds, and we document each one separately.

• Economic damages cover the bills you can add up, such as ER visits, surgery, therapy, prescriptions, and lost pay.
• Pain, lost sleep, anxiety about getting back behind the wheel, and hobbies you had to give up fall under non-economic damages.
• Punitive damages are added to both, and in DUI cases Georgia puts no ceiling on them.

Lost future earning capacity belongs in the economic column too, and in serious injuries it is often the largest number in the claim. A broken pelvis or a brain injury changes what a person can do for years, so we work with treating doctors to put a number on care you have not received yet.

What If the Drunk Driver Had Little or No Insurance?

Your own uninsured motorist coverage, called UM, steps in when the drunk driver has no insurance or not enough. Georgia’s minimum liability policy is only $25,000 per person, which a hospital stay at Wellstar MCG Health can pass in days.

Georgia UM coverage is “added on” by default. It pays in addition to the drunk driver’s liability limits, unless you chose the reduced version in writing. The Georgia Office of the Commissioner of Insurance and Safety Fire explains the coverage choices on Georgia auto policies, and our Augusta uninsured motorist lawyer page covers how to open that claim with your own insurer.

We also check every other policy in the household. A spouse’s policy or a relative’s policy can add coverage you did not know you had.

How The Hawk Firm Builds a Drunk Driving Case in Augusta

We start with the proof of impairment and work outward to every source of payment. Most of that proof sits with police agencies, prosecutors, and businesses, and some of it disappears within weeks.

What We Request in the First Weeks

We ask for the crash report and arrest records from the Richmond County Sheriff’s Office or the Georgia State Patrol, depending on who worked the scene. We request breath or blood test results, patrol car and body camera video, and 911 recordings.

If the driver was drinking at a bar on Washington Road or downtown near Broad Street, we move quickly for receipts and security video, since many businesses record over footage on a short cycle. Our guide to collecting evidence after drunk driving accidents lists what you can save on your own.

Where Augusta Drunk Driving Lawsuits Are Filed

Most injury lawsuits from Augusta crashes are filed in the State Court of Richmond County, which sits in the Judicial Center at 735 James Brown Boulevard. The DUI charge may be heard in the same building, so we can track both cases side by side.

Can Your Own Share of Fault Still Reduce the Claim?

Yes. Even when the other driver was drunk, the insurance company will look for ways to blame you. Georgia’s comparative fault rule under O.C.G.A. § 51-12-33 reduces your recovery by your percentage of fault and bars it at 50 percent or more.

A 2025 change to Georgia law also lets a jury hear that you were not wearing a seat belt in lawsuits filed on or after April 21, 2025. Speed, a missed turn signal, or an unbuckled belt can all become arguments, so we answer them with the crash data and the impairment evidence.

When a Drunk Driver Causes a Death

A wrongful death claim lets the family recover the full value of the life that was lost, measured from the perspective of the person who died. Georgia generally gives that claim to the spouse first, then the children, then the parents, with a separate estate claim for medical and funeral costs.

The uncapped punitive rule for impaired drivers can also apply in the estate’s claim. Our Augusta wrongful death lawyer page explains who can file and how the two claims fit together.

Questions We Hear After a Drunk Driving Crash in Augusta

How much does it cost to hire a drunk driving accident lawyer in Augusta?

The Hawk Firm handles these cases on a contingency fee, which means our fee is a percentage of the money recovered in your case instead of an hourly bill, and the consultation is free. The percentage is set in a written agreement before we start. Contingency fees cover attorney’s fees only, and court costs and case expenses are explained in that agreement.

Can I sue the owner of the car if the drunk driver borrowed it?

In some cases, yes. Georgia’s family purpose doctrine can make a vehicle owner responsible when a family member drives a car kept for family use. A separate claim, negligent entrustment, applies when an owner lends a car to someone they knew was likely to drive drunk. Both depend on facts we would need to review.

What if the driver was high on drugs instead of drunk?

The claim works the same way. Georgia’s DUI law covers drugs as well as alcohol, and the punitive damages cap also comes off for drivers impaired by drugs that were not lawfully prescribed. Proof relies more on blood tests and officer observations. Our article on how common drug-impaired driving is gives more background.

Will I have to testify in the drunk driver’s criminal trial?

Possibly, if the case goes to trial and the prosecutor needs your account. Many DUI cases end in a plea instead. As a crime victim, you also have the right to be told about hearings and to be heard at sentencing. We coordinate with the prosecutor’s office so the criminal case and your claim do not work against each other.

Should I talk to the drunk driver’s insurance adjuster?

You can give basic facts, but decline a recorded statement until you have spoken with a lawyer. Adjusters in DUI cases know the liability picture looks bad for their driver, so they look for ways to limit injury value, such as gaps in treatment or earlier injuries. Once you hire us, those calls come to our office.

Call The Hawk Firm While the Criminal Case Is Still Moving

The first job for any DUI accident attorney in Augusta, GA, is to get evidence requests out before the criminal case closes and before businesses clear their video. In a free call, we will ask about the crash, the charges, your injuries, and the insurance involved, then tell you plainly what we would do next.

The Hawk Firm works on a contingency fee and answers 24/7 from our office at 448 Telfair Street in Augusta. Call +1 (706) 429-5529 to set up your consultation today.

Schedule a Free Initial Consultation Today!

Serving Injured Clients Throughout Augusta, GA

We help recover compensation for car wreck victims in Evans, Grovetown, New Ellenton, North Augusta, Aiken, Harlem, Belvedere, Thomson, Burnettown, Clearwater, Gloverville, Martinez, Edgefield, Hephzibah, Lake Aumond, Waynesboro, West Augusta, Montclair, Summerville, Highland Park, North Leg Road, Windsor, Spring Road, Blythe, Downtown Augusta and surrounding areas.