The stretch from Thanksgiving through New Year’s brings office parties, family dinners, and—too often—drivers who shouldn’t be on the road. If you are hit by a drunk or drug-impaired driver, the steps you take in the first hours and days can make or break your claim. This guide explains how to protect your health, your case value, and your family’s peace of mind.
What to do right away after the crash
Prioritize safety and documentation. Call 911 and ask for police and EMS; a formal report is critical in DUI cases. If you can do so safely, take wide and close photos of vehicle positions, skid marks, damage, roadway conditions, and the other driver. Note slurred speech, odor of alcohol, unsteady balance, open containers, or attempts to leave—details that may matter later. Get contact info for witnesses and the responding officers. Seek medical care the same day and follow treatment plans; gaps in care give insurers leverage to lowball you. Avoid posting about the wreck on social media. Notify your insurer but do not give a recorded statement until you’ve spoken with a lawyer.
Know your rights under Georgia law
When a driver chooses to get behind the wheel impaired, Georgia law allows injury victims to seek punitive damages to punish and deter that conduct—in DUI cases those punitive damages can be uncapped under O.C.G.A. § 51-12-5.1(f). That’s on top of your compensatory damages for medical bills, lost income, pain and suffering, and future care.
Could a bar or party host share responsibility?
In some situations, a bar, restaurant, or social host who knowingly serves a noticeably intoxicated person (or a minor) with actual knowledge that they will soon drive can be liable for resulting injuries under Georgia’s Dram Shop Act, O.C.G.A. § 51-1-40. These claims are fact-intensive and time-sensitive; preserving receipts, surveillance, and witness accounts can expand available insurance beyond the at-fault driver’s policy.
Insurance coverage that can help you right now
Two coverages on your own auto policy often make a huge difference after a holiday DUI crash: Medical Payments (MedPay) can help with immediate treatment costs, and Uninsured/Underinsured Motorist (UM/UIM) coverage can fill gaps if the impaired driver’s limits are too low. An attorney can stack policies where available and sequence claims to maximize your net recovery.
How we build value in DUI cases
We move fast to secure evidence: 911 audio, body-cam and dash-cam footage, breath/blood test results, bar tabs, and surveillance from nearby businesses. We work with your providers to document injuries and future care needs, calculate wage loss, and present a demand that reflects full, real-world impact. In appropriate cases, we pursue punitive damages against the impaired driver and evaluate dram shop liability to reach every responsible party.
Timeline and deadlines
Most Georgia injury claims carry a two-year statute of limitations from the crash date, but practical deadlines arrive much sooner: preservation letters to bars or event venues, rapid requests for video before it’s overwritten, and quick coordination with insurers to avoid harmful statements or releases. The earlier you involve counsel, the more leverage you maintain.
Call the Big Gunn
Holiday crashes are stressful and insurers know it. Don’t let them rush you into a low offer. If you were hit by a drunk or drug-impaired driver anywhere in Georgia, call the Big Gunn at 888-BIG-GUNN for a free case review. We’ll protect your health first, build the strongest claim possible, and fight for every dollar you deserve.
