DUI Accident Recovery

The Case

A 32-year-old elementary school teacher was struck head-on by a drunk driver traveling the wrong way on Pleasant Hill Road in Duluth, Georgia, at approximately 1:30 AM on a Saturday morning. The at-fault driver had a blood alcohol content of .19 -- more than twice the legal limit -- after leaving a local bar. Our client, who was returning home from a late shift tutoring session, suffered bilateral leg fractures, a dislocated hip, facial lacerations requiring plastic surgery, and severe PTSD that prevented her from driving for over a year.

The Challenge

While liability was clear given the DUI arrest, the drunk driver carried only the Georgia minimum liability insurance of $25,000. The primary challenge was identifying additional sources of recovery. We investigated the bar that served the driver and discovered evidence that the bartender continued to serve the driver despite visible signs of intoxication, potentially triggering Georgia's Dram Shop Act (O.C.G.A. 51-1-40). We also needed to pursue our client's own underinsured motorist coverage while battling her insurance company's attempts to minimize the claim.

The Result

We secured the $25,000 policy limit from the drunk driver's insurance immediately. Our Dram Shop investigation, including surveillance footage from the bar showing the driver being served while visibly intoxicated, resulted in a $750,000 settlement from the bar's liability insurer. We then successfully pursued a $425,000 underinsured motorist claim against our client's own insurance company, bringing the total recovery to $1.2 million. The settlement covered extensive medical treatment, plastic surgery, lost wages during her recovery, and compensation for her ongoing PTSD and driving anxiety.