When a drunk driver causes a crash, it may seem obvious who should be held responsible. However, these accidents can involve more than one contributing factor. Identifying every responsible party in your case can directly affect how much compensation you recover.
Drunk driving in Georgia
In Georgia, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. A driver who causes a crash while drunk can face both criminal charges and a civil lawsuit. However, the law treats criminal guilt and civil liability separately. Other contributing factors still play a role in determining who owes compensation.
When more than one party shares fault
A drunk driver’s intoxication does not always tell the whole story of a crash. Other factors, such as a poorly maintained road, a distracted third driver or a faulty vehicle part can also contribute to how a collision unfolds. Georgia law recognizes that more than one party can hold responsibility for the same accident. This means the drunk driver may not carry 100% of the fault, and other parties may also owe damages.
Third-party liability under Georgia’s dram shop act
Alcohol-serving businesses can also carry legal responsibility. Georgia’s Dram Shop Act holds establishments liable for serving a noticeably intoxicated person who they know will soon be driving. If a bar or restaurant served the drunk driver before the crash, that business could share liability.
How fault distribution affects compensation
If multiple parties contributed to your accident, each one may owe a portion of your damages. This is why a full investigation into the accident matters. A thorough review of the evidence helps make sure no responsible party goes unnoticed.
Georgia’s comparative negligence rule
Georgia follows a modified comparative negligence rule. Each party receives a percentage of fault. As long as your share of fault stays below 50%, you can still recover compensation. Your total recovery will also decrease by your percentage of fault.
Steps to take after a drunk driving accident
What you do after a drunk-driving accident can have a significant impact on your claim. Consider the following steps:
- Seek medical attention immediately: Some injuries do not appear right away, and medical records serve as critical evidence
- File a police report: Official documentation of the accident can support your case
- Collect information at the scene: Gather photos, witness contact details and the other driver’s information
- Avoid discussing fault: Statements made at the scene can be used against your claim later
Documentation can be useful when determining fault. This can make it harder for other parties to dispute the facts of your accident.
Protecting your rights after a drunk driving accident
Fault in a drunk driving accident is not always one-sided. Georgia law accounts for multiple contributing parties, from distracted drivers to alcohol-serving businesses. Knowing this can help you understand the full scope of your claim and what compensation you may recover.