Childers & McCain
Drunk Driving Accident Lawyer Serving Macon and Georgia
Being hit by a drunk driver isn't just a crash — it's a crime committed against you. Georgia law recognizes that distinction, and it gives injured victims legal tools that don't exist in most other personal injury cases. At Childers & McCain, we represent people who were seriously hurt by drunk or impaired drivers, and we know exactly how to use every available avenue — including punitive damages — to pursue the recovery you deserve.
What Georgia Law Allows When a Drunk Driver Injures You
Drunk driving accident claims in Georgia operate on two separate tracks: the criminal case brought by the state, and the civil claim brought by you. These proceed independently, and you do not need to wait for a criminal conviction to move forward with your case. A conviction strengthens your position significantly, but civil liability can be established on its own standard of proof — and we know how to build that case either way.
Georgia law under O.C.G.A. § 51-12-5.1 permits punitive damages in cases where the defendant's conduct was willful, wanton, or showed a conscious disregard for the consequences to others. Choosing to drive drunk meets that standard. This makes drunk driving cases one of the few categories of personal injury claims where a jury can award damages beyond your documented losses — damages designed to punish the driver and deter others. Pursuing punitive damages requires a trial-ready attorney. We are that firm.
Punitive Damages — What They Mean for Your Case
Most personal injury claims seek compensatory damages: medical bills, lost wages, pain and suffering, and future care costs. In drunk driving cases, Georgia law opens the door to punitive damages on top of that. These are not automatic — they must be pursued deliberately, supported by evidence of the driver's conduct, and argued by attorneys who know how to present them to a jury. We have handled serious injury cases and understand what it takes to put a punitive claim in front of a jury and make it land.
The Criminal Case and Your Civil Claim
If the at-fault driver was arrested and charged with DUI, that criminal proceeding runs parallel to your civil case — not in place of it. A guilty plea or conviction creates powerful evidence that we can use on your behalf. Police reports, BAC test results, field sobriety records, and witness statements from the scene all feed into your civil claim. We begin gathering this evidence immediately, before it can be lost or disputed.
Dram Shop Liability — When a Bar or Restaurant Shares Responsibility
Georgia's dram shop laws allow injured victims to pursue claims against licensed establishments that over-served a visibly intoxicated patron who then caused a crash. If the drunk driver was drinking at a bar, restaurant, or other licensed venue before the collision, that business may share legal liability for your injuries. These claims require a specific evidentiary showing, and they must be pursued alongside — not instead of — the claim against the driver. We investigate both from the start.
Why Serious Drunk Driving Cases Require a Trial-Ready Firm
Insurance companies representing drunk drivers know that punitive damages are on the table. That awareness can work in your favor — but only if the other side believes you will actually go to trial. At Childers & McCain, we try cases. We are not a settlement mill looking to close files. When insurers know a firm is prepared to take a drunk driving case to a jury and argue punitive damages, the settlement dynamic changes. That preparation is what we bring to every serious case we accept.
You May Be Entitled to More Than You Know
Many people who are hit by drunk drivers assume their case is straightforward — file with the insurance company, accept a settlement, move on. That assumption costs injured people real money. Drunk driving cases carry legal exposure that standard car accident claims do not, and insurance adjusters are not going to explain that to you. We will. In a free consultation, we'll review what happened, explain what Georgia law allows in your specific situation, and give you an honest picture of what your case may be worth — including whether punitive damages apply.
Frequently Asked Questions — Drunk Driving Accident Claims in Georgia
Can I sue a drunk driver in Georgia even if they weren't convicted of DUI?
Yes. The civil and criminal cases are separate proceedings with different standards of proof. A conviction is powerful evidence, but it is not required. You can pursue a civil claim based on the driver's negligence and impairment regardless of the outcome of any criminal charges.Are there punitive damages in Georgia for drunk driving accidents?
Georgia law under O.C.G.A. § 51-12-5.1 permits punitive damages when a defendant's conduct shows willful or wanton disregard for others. Driving drunk typically meets that standard. Punitive damages are not guaranteed — they must be pursued and proven — but they are a real and significant possibility in these cases.What happens if the bar that served the drunk driver is also at fault?
Georgia's dram shop laws allow you to bring a claim against a licensed establishment that over-served a visibly intoxicated person who then caused a crash. This claim runs alongside your claim against the driver and requires specific evidence about what the establishment knew and served. We investigate both from the beginning of your case.How long do I have to file a drunk driving accident claim in Georgia?
Georgia's statute of limitations for personal injury claims is generally two years from the date of the accident. Dram shop claims may carry a shorter deadline. Do not wait — evidence from the crash scene, the driver's BAC records, and the establishment's service records can all become harder to obtain over time.What if I was hit by a drunk driver and the other driver had no insurance or minimal coverage?
Your own uninsured or underinsured motorist coverage may apply, and dram shop liability against a third party may provide an additional avenue of recovery. We review all available insurance coverage and all potentially liable parties at the outset of every case to make sure nothing is left on the table.
Talk to a Drunk Driving Accident Lawyer Today
If you or someone you love was seriously hurt by an impaired driver in Georgia, the decisions you make in the weeks following the crash will shape your entire case. Call Childers & McCain at 478-254-2007 or use the form below to request a free consultation. We'll tell you exactly where you stand and what we can do to help.
We represent drunk driving accident victims on a contingency fee basis — there are no upfront costs, and you pay nothing unless we recover compensation for you.