The Severity of Injuries in a DUI Case
The most significant factor influencing compensation in a DUI accident case is the extent and nature of the injuries sustained. Victims who suffer catastrophic injuries, such as:
- traumatic brain injuries;
- spinal cord damage;
- severe burns; or
- multiple fractures
generally receive higher compensation than those with minor injuries. That’s because these types of injuries usually lead to greater medical expenses, longer recovery times, and potentially permanent disability.
Compensation can cover economic damages (like hospital bills, surgeries, physical therapy, and medication) as well as non-economic damages (such as pain, suffering, and emotional distress). For example, if a victim’s injuries prevent them from performing daily tasks or enjoying previous activities, that diminished quality of life can be a major component of the claim’s value.
Claims should also account for future medical needs, such as ongoing rehabilitation or home modifications. These future costs can often make up a large portion of settlements or verdicts, especially in cases where injuries are life-altering.
DUI and the At-Fault Driver
In Georgia, DUI cases are treated with particular seriousness. Driving under the influence is not just negligent – it’s reckless and criminal behavior. Because of this, juries often award greater damages to victims of DUI crashes than in standard car accidents. Courts may also award punitive damages – financial penalties meant to punish the drunk driver and deter similar conduct in the future. When alcohol is involved, fault is usually clear-cut. For these reasons, insurers often try to settle instead of taking a case to court.
According to Montlick attorney Craig LaChanse, speaking in the Lawyers in the House® podcast, “As a general rule, an insurance company is not likely to want to defend a DUI driver to a jury. In other words, they’re going to take steps to resolve that claim before it gets to a jury trial because the behavior is really indefensible. It was a choice that someone made. It was a horrible choice.”
Still, proving causation – that the driver’s intoxication directly caused the crash – is crucial. An experienced DUI accident attorney can gather police reports, BAC test results, witness statements, and expert testimony to prove causation.
The Conduct of Parties at the Scene
Actions at the crash scene, such as fleeing the scene or driving while intoxicated, can also affect damages. If the negligent party has a history of traffic violations, under certain circumstances, those prior convictions can be used against them.
The Quality of Evidence
Evidence is vital in DUI car accident cases because it substantiates claims about fault, injuries, and damages, and can affect compensation amounts. Types of evidence include:
- Police report containing the officer’s initial findings, including blood alcohol levels, if obtained
- Photographic and video evidence, like dashcam footage or photos taken at the scene
- Eyewitness statements
- Electronic evidence such as phone records
- Medical records documenting the extent of injuries
- In some cases, accident reconstruction reports and expert testimony may be required
An experienced personal injury attorney will be able to identify, and quickly collect, the evidence needed for a DUI claim. As Montlick attorney Enrique Fernandez explained in Lawyers in the House®, “There’s definitely preliminary work that you have to perform in order to successfully have a resolution in a DUI case…the investigation is very important at the front end, getting the incident report, the arrest report, conducting a background check, looking for online searches on the defendant to see if they have a history of drinking….”
Victim’s Loss of Income and Future Earning Capacity
Another major factor impacting awards is lost wages. If an injury prevents a victim from working temporarily, they may recover compensation for that lost income. And when injuries are permanent or require significant recovery time, victims may also claim loss of future earning capacity.
For instance, a construction worker who suffers spinal injuries may no longer be able to perform physical labor. Likewise, a professional driver may lose their commercial driver’s license due to medical restrictions. In such cases, the law allows recovery for the difference between pre-accident and post-accident earning potential.
To accurately assess these losses, attorneys often collaborate with economic and vocational experts who calculate the long-term financial impact, considering inflation, benefits, and expected career trajectory.
The Victim’s Future Quality of Life
Another factor is the effect the DUI crash has on a victim’s long-term well-being. This includes emotional trauma, loss of independence, and the inability to enjoy activities once central to their life. Chronic pain, depression, anxiety, or post-traumatic stress disorder (PTSD) can all be the result of a severe DUI crash.
Courts and insurance companies will consider how these non-economic impacts reduce a person’s overall quality of life. For example, a young parent who can no longer play with their children due to an injury may receive compensation for emotional suffering.
In addition, when injuries are permanent or disfiguring, the law recognizes that no amount of money can truly restore what’s been lost – but substantial compensation can help victims adapt and rebuild their lives.
Insurance Policy Limits
Finally, a critical factor in determining awards in any auto injury claim is the amount of insurance coverage held by both parties. The state of Georgia requires that drivers carry minimum coverage of $25,000 in bodily injury liability per person, $50,000 in bodily injury liability per accident, and $25,000 for property damage liability per accident. However, these levels of coverage are rarely adequate compensation after a serious auto accident. A seasoned personal injury attorney will look for other avenues of compensation to which a victim may be entitled as soon as possible.
In the words of attorney Craig LaChanse, speaking on Lawyers in the House®, “…one of the most important steps with a DUI case is finding out those policy limits early in the case so you know what it is that you’re going after, and then formulating a plan that will allow us to get those policy limits, hopefully without having to file suit and incur the time and expense of litigation. That’s always our goal for our clients, is to get the maximum amount of money, which is the policy limits, as early on as possible in the claim.”
It’s worth noting that many accidents caused by a driver who is under the influence of drugs or alcohol can often escalate into hit-and-run accidents, as the impaired driver may flee the scene rather than face law enforcement or a sobriety test. Situations like these, as well as collisions involving uninsured motorists, are why it’s critical to purchase Uninsured Motorist/Underinsured Motorist (UM/UIM) insurance coverage.
Getting Legal Help After a DUI Crash
Because DUI accident cases often involve criminal charges in addition to civil claims, navigating the process alone can be overwhelming. This is a situation where the quality of legal representation can make a real difference in the amount of compensation you receive. With Montlick, you have the benefit of a legal team with:
- Deep experience successfully pursuing similar cases
- The resources to investigate the accident and hire expert witnesses as needed
- Attorneys willing to go to trial if necessary to secure the right compensation
Additionally, with Montlick, clients benefit from working with an experienced personal injury firm that understands both the emotional as well as the legal complexities of these cases.
At Montlick Injury Attorneys, we’ve represented victims throughout Georgia and nationwide, helping them secure compensation for medical care, lost income, and long-term recovery needs. Our legal team investigates each case thoroughly to hold negligent parties accountable and ensure victims receive the justice they deserve.
If you or a loved one has been injured by a drunk driver, don’t wait. Call 1-800-LAW-NEED (1-800-529-6333) or visit Montlick.com/contact for a free consultation. We are available 24/7 to help you understand your rights and take the next step toward recovery.
