If a drunk driver hits you on a college football game day in Georgia, you can bring a claim against that driver, and punitive damages against an impaired driver are not subject to Georgia’s usual $250,000 cap. In some cases, a bar, restaurant or other server who knowingly served a visibly intoxicated person who was about to drive can also be held responsible under Georgia’s dram shop law.
Late August kicks off college football season in Georgia, with tailgates and packed stadium districts from Midtown to Athens. Heavy traffic, unfamiliar drivers, crowded pickup zones and hours of drinking before and after the game raise the risk of crashes on the way in and the way home. Here is how Georgia law handles game day DUI crashes and what to do if you are hurt.
Key Takeaways
- The impaired driver’s insurer is usually the first source of recovery for medical bills, lost wages and pain and suffering.
- Georgia’s $250,000 punitive damages cap does not apply when the at-fault driver was under the influence of alcohol or drugs (O.C.G.A. § 51-12-5.1).
- A bar or other provider may be liable if it knowingly served someone who was noticeably intoxicated, knowing that person would soon be driving (O.C.G.A. § 51-1-40).
- Evidence such as receipts, video and wristbands can disappear fast after a big game.
- Most Georgia injury claims must be filed within two years.
Why Game Days Are So Dangerous on Georgia Roads
Game day risk climbs for predictable reasons. Roads near stadiums fill with out-of-town drivers, rideshare cars stopping in travel lanes, and pedestrians crossing between lots and tailgates. Alcohol is often served for hours before and after the game, and many people leave at the same time late at night.
Common game day crashes include:
- Rear-end collisions in stop-and-go traffic near exits and lots
- Left-turn and intersection crashes near the stadium
- Sideswipes during last-second lane changes
- Pedestrian strikes in crosswalks and parking lots
- Wrong-way or high-speed crashes on highways after the game
Injuries can be serious even at lower speeds, including concussions, whiplash, fractures and knee or shoulder trauma. Pedestrians face the greatest risk. See our pedestrian accident page for more.
Your Claim Against the Impaired Driver
Georgia is an at-fault state, so the driver who caused the crash, and that driver’s insurer, is responsible for your damages. A claim can include medical bills, future care, lost wages, reduced earning capacity, pain and suffering, and property damage.
DUI crashes can also support punitive damages, which are meant to punish and deter rather than to compensate. Under O.C.G.A. § 51-12-5.1, Georgia’s usual $250,000 cap on punitive damages does not apply when the defendant acted while under the influence of alcohol or drugs to the degree that judgment was substantially impaired. Learn more on our DUI accident page.
If the impaired driver has little or no insurance, your own uninsured motorist coverage may help cover the gap.
When a Bar or Server Can Be Liable: Georgia’s Dram Shop Law
Georgia’s dram shop statute, O.C.G.A. § 51-1-40, is narrower than many people expect. Serving alcohol to an adult does not by itself make a provider liable. But a provider may become liable if it:
- Knowingly served someone in a state of noticeable intoxication, knowing that person would soon be driving, or
- Willfully, knowingly and unlawfully served someone under 21, knowing that person would soon be driving,
and the serving was a proximate cause of the injury. These claims are fact-heavy. Useful evidence may include bar tabs and point-of-sale records, surveillance video, wristbands, witness accounts of how the person looked and acted, and parking or rideshare records showing the person drove away. The statute does not let the person who drank sue the provider for his or her own injuries.
What to Do After a Game Day Crash
- Call 911 and get medical care. Symptoms often worsen hours later, and early records link your injuries to the crash.
- Ask police to investigate impairment. Get the report number and the names of responding officers.
- Document the scene. Photograph vehicles, damage, lane markings, crosswalks, lighting, and any cans, cups or wristbands visible in the other vehicle.
- Identify witnesses. Get names and numbers from bystanders, tailgate neighbors, vendors, rideshare drivers and event staff.
- Ask for video to be preserved. Nearby bars, parking lots and stores may record over footage within days.
- Save records. Keep receipts, photos and any timeline details that show where the other driver had been.
- Be careful with insurers. Avoid recorded statements and quick offers until you know the full extent of your injuries.
Frequently Asked Questions
Can I Sue the Bar That Served the Drunk Driver?
Possibly. Under O.C.G.A. § 51-1-40, a provider may be liable if it knowingly served someone who was noticeably intoxicated, knowing the person would soon drive, and the serving helped cause the crash. Proving what the server saw and knew is the key challenge.
Does Georgia’s Dram Shop Law Apply to Tailgates and Private Parties?
The statute applies to anyone who “sells, furnishes, or serves” alcohol, which can include social hosts. The same knowledge requirements apply, so these claims depend heavily on the facts.
Is There a Cap on Damages in a Georgia DUI Crash Case?
Georgia does not cap compensatory damages like medical bills and pain and suffering in a car crash case. The $250,000 cap on punitive damages does not apply when the at-fault driver was substantially impaired by alcohol or drugs.
How Long Do I Have to File a Claim?
Most Georgia personal injury claims must be filed within two years (O.C.G.A. § 9-3-33). Pending criminal DUI charges can affect timing in some cases, so check your deadline early. See our guide to Georgia injury deadlines.
If a college football weekend ended with a crash instead of a celebration, The Gunn Law Group can review your options in a free, no-obligation consultation. You pay no attorney fee unless we win. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
