Can I sue a drunk driver for punitive damages in Georgia?

Yes. Under O.C.G.A. § 51-12-5.1, driving under the influence constitutes willful misconduct or conscious indifference to consequences, which qualifies for punitive damages. Georgia removes the $250,000 cap on punitive damages in DUI cases.

Can I sue the bar or restaurant that served the drunk driver?

Yes, under Georgia's Dram Shop Act (O.C.G.A. § 51-1-40). If a licensed establishment served alcohol to a person who was noticeably intoxicated and that person then caused an accident, the establishment can be held liable alongside the driver.

How long do I have to file a lawsuit after a DUI accident in Georgia?

Two years from the date of the accident under O.C.G.A. § 9-3-33. Wrongful death claims also have a two-year statute of limitations. Do not wait — critical evidence including the driver's blood alcohol records can become unavailable over time.

What if the drunk driver has no insurance or limited coverage?

Your own uninsured/underinsured motorist (UM/UIM) coverage may apply. Additionally, dram shop claims against the serving establishment, employer liability if the driver was on the job, and other third-party theories can provide additional recovery sources.

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Free Consultation With Mark Link

Every case at Mark Link Law starts with a free consultation, and every consultation is with Mark Link personally. Bring your questions, your police report if you have one, and whatever paperwork the insurance company has sent you. You will leave knowing where you stand.

What Happens at Your Free Consultation

We review how the accident happened and who is responsible. We look at your injuries, your treatment so far, and the medical road ahead. We identify every insurance policy that might pay, including the other driver’s liability coverage and your own uninsured motorist coverage. Then we explain your options in plain language: what your claim is likely worth, how long the process takes, and what we would do next.

There is no obligation. If we take your case, it is on a contingency fee, which means there is no fee unless we win. If we cannot help, we will tell you why and point you in the right direction.

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Call 833-LINK-LAW any time, or send the form below and we will get back to you. Tell us briefly what happened; the details can wait for our conversation.

Prefer to talk first? The office is at 2142 Vista Dale Court, Tucker, GA 30084, and Mark Link represents clients across Georgia, Florida, and Alabama.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. Reading this article does not create an attorney-client relationship. Contact our office for advice specific to your situation.