Hawk Law Group | April 18, 2025 | Car Accidents
In Georgia, the average settlement for a drunk driving accident ranges from $25,000 to $3.3 million.
⚖️ The exact amount you may receive depends on several factors — including injury severity, liability, and insurance limits — which we’ll break down in this article.
But here’s the bottom line…
You Didn’t Choose This. But You Can Choose to Fight Back.
Being struck by someone under the influence is devastating — physically, emotionally, and financially. A settlement won’t erase the trauma, but it can help you recover and rebuild.
At Hawk Law Group, we’ve recovered millions for victims of drunk driving in Georgia — including $3.3 million for a wrongful death and $1.5 million for a catastrophic injury.
Call our Augusta car accident lawyers today on (706) 480-8962 for a free case review. Let’s fight for your future.
I Got Hit by a Drunk Driver, What Am I Entitled To?
If you were hit by a drunk driver in Georgia, you may be entitled to compensation for both financial losses and the personal impact of your injuries.
Economic damages — compensation for things with a clear dollar value:
- Medical expenses, including future care
- Lost income due to missed work
- Vehicle repair or replacement
- Physical therapy and rehabilitation
- In-home support if your injuries limit mobility
Non-economic damages — compensation for the impact on your quality of life:
- Physical pain and suffering
- Emotional distress, such as anxiety or PTSD
- Loss of enjoyment of hobbies and daily activities
- Scarring or permanent disfigurement
- Strain on your relationship with your spouse
⚠️ Insurance companies may attempt to minimize your claim by delaying, denying, or offering settlements that are less than you deserve.
📌 In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. Failing to file within this period may result in the loss of your right to compensation.
The Georgia Governor’s Office of Highway Safety reports that drunk drivers cause about 25% of all deadly crashes in our state. That’s why personal injury lawyers take these DUI accident cases so seriously.
Punitive Damages for a DUI
In Georgia, your drunk driving accident settlement may also include “punitive damages.” This is extra money that doesn’t just pay for your injuries and damages – it’s meant to punish the drunk driver for driving under the influence.
Most personal injury cases in Georgia limit punitive damages to $250,000. But under O.C.G.A. § 51-12-5.1(f), this cap doesn’t apply if the at-fault party was under the influence of drugs or alcohol at the time of the incident.
💡Drunk driving accidents often result in more severe injuries and fatalities compared to other types of crashes. According to the Georgia Governor’s Office of Highway Safety, in 2022, there were 507 alcohol-impaired driving fatalities in Georgia, accounting for 28% of all traffic fatalities in the state.
The purpose of punitive damages in these cases is to deter others from making the same reckless choice.
Drunk Driver Settlement Amounts by Type
⚖️ The settlement amount you receive after a drunk driving accident depends on many factors, including the type of collision. Here’s a breakdown of average settlements for different types of drunk driving accidents in Georgia:
| Accident Type | Average Settlement Range | Factors Affecting Value |
|---|---|---|
| Rear-end | $25,000 – $1,200,000 | Severity of whiplash, spinal injuries |
| Head-on | $100,000 – $3,300,000 | Catastrophic injuries, fatalities |
| T-bone/Side impact | $50,000 – $1,500,000 | Proximity to impact, vehicle safety features |
| Pedestrian/Cyclist | $75,000 – $2,000,000 | Direct bodily impact, minimal protection |
| Rollover | $85,000 – $1,850,000 | Ejection from vehicle, roof crush injuries |
Rear-ended
The average settlement for being rear-ended by a drunk driver in Georgia is from $25,000 to $1,200,000.
Rear-end collisions often cause whiplash, back injuries, and even traumatic brain injuries due to the sudden force of impact. These can require ongoing medical care and rehab.
Insurance companies may downplay soft-tissue injuries or argue they’re minor.
✔️ Our lawyers make sure every injury is fully documented and valued so you get the compensation you deserve.
Head-on Collision
The average settlement for a head-on collision caused by a drunk driver in Georgia is between $100,000 and $3.3 million.
These are some of the most severe crashes, often leading to life-altering injuries or death due to the force of two vehicles colliding at speed.
✔️ Head-on collisions tend to involve higher settlement amounts because the injuries are so severe — and our lawyers fight aggressively to make sure every medical cost, lost income, and long-term impact is fully accounted for in your claim.
If you’ve been injured in any type of collision with a drunk driver, our Aiken car accident lawyers can evaluate your accident case and help you understand what compensation you may be entitled to.
What Affects Your Settlement Amount in Georgia
🚗 Here’s what determines how much money you can get after being in a drunk driving accident:
Severity of Injuries
Generally, the more serious your injuries, the higher your potential settlement. Head trauma, spinal cord injuries, or permanent disability often require extensive treatment, rehabilitation, and long-term care — all of which increase the value of a claim.
A study published in the Journal of Trauma and Acute Care Surgery found that alcohol-related crashes are strongly associated with more severe injuries and longer hospital stays.
✔️ Our lawyers work closely with medical experts to fully document the extent of your injuries and fight for a settlement that reflects the long-term impact on your life.
Insurance Coverage
Georgia law requires drivers to carry at least:
- $25,000 in bodily injury liability per person
- $50,000 in bodily injury liability per accident
- $25,000 for property damage
In many DUI cases, these minimums are not enough to cover serious injuries. If the at-fault driver has a higher-limit policy or personal assets, or if you carry underinsured motorist (UIM) coverage, your total recovery may increase.
Shared fault rules
Georgia follows a modified comparative negligence system. If you’re partially at fault, your settlement may be reduced by your percentage of responsibility — but you can still recover damages as long as you’re less than 50% to blame.
In drunk driving cases, fault typically rests with the impaired driver, which can work in your favor when pursuing full compensation.
✔️ Our lawyers carefully analyze liability and protect you from unfair blame that could reduce your settlement.
Strong evidence
The strength of your evidence directly affects the value of your case. Vital documentation may include:
- Police reports indicating the driver was intoxicated
- Blood alcohol test results
- Eyewitness statements
- Surveillance or dashcam footage
- Medical records connecting your injuries to the crash
✔️ Our lawyers gather and preserve critical evidence from day one to build the strongest possible case on your behalf.
💡One key document in any drunk driving accident case is the Georgia State Patrol accident report. Insurance companies — and our lawyers — rely on this official report to assess fault, verify injuries, and support your claim. It provides a detailed account of the crash, which can be vital evidence in building your case.
Every case is different — contact our team to find out what your drunk driving accident claim may really be worth.
Who Can You Sue After Being Hit by a Drunk Driver?
In Georgia, more than one party may be legally responsible for a drunk driving accident — and identifying all sources of liability can significantly increase your settlement.
- The drunk driver: The at-fault driver is typically the primary source of recovery, with compensation coming from their auto insurance policy.
- Bars or restaurants: Under Georgia’s Dram Shop law , businesses that serve alcohol to someone who is noticeably intoxicated — or underage — can be held liable if that person causes a crash.
- Social hosts: Party hosts may also share legal responsibility if they knowingly serve alcohol to a visibly drunk guest who later drives and causes a collision.
- The driver’s employer: If the drunk driver was acting within the scope of their job (such as making deliveries), their employer could be held vicariously liable.
- The vehicle owner: If someone knowingly lent their vehicle to an intoxicated driver, they may be partially liable for any resulting injuries.
✔️ Our lawyers investigate every angle to hold all responsible parties accountable and maximize the compensation available to you.
Minimum GA Insurance Coverage
According to the Georgia Department of Insurance , all drivers must carry minimum liability insurance of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
⚠️ These minimums often fall far short in drunk driving accidents, where injuries and damages are typically severe and long-lasting.
💡 That’s why uninsured/underinsured motorist (UM/UIM) coverage can make a significant difference. Though not required by law, this coverage can help fill the gap if the drunk driver’s policy doesn’t cover your full losses — including medical expenses, lost wages, and pain and suffering.
✔️ Our lawyers evaluate all available insurance policies — including your own — to pursue every dollar you’re entitled to after a serious DUI crash.
Should You Accept the First Settlement Offer?
Almost always, the answer is no. The first offer from an insurance company after a drunk driving accident is typically far below what your case is truly worth. They want to close claims quickly and cheaply — that’s how they protect their bottom line.
Before accepting anything, consider:
- Will this cover future medical treatment?
- Will it account for missed work — now and later?
- Does it reflect the pain, suffering, and long-term impact of the crash?
- Is there compensation for punitive damages against the drunk driver?
✔️ Our lawyers evaluate every offer based on your injuries, long-term needs, and comparable cases. We’ll tell you when a settlement is fair — and when to fight for more.
💡 Want to know what you’ll actually take home? Read our blog on how much of a settlement goes into your pocket.
Don’t let the insurance company call the shots — contact our lawyers and let us push back against their tactics to get you what you’re really owed.
Steps to Take After Being Hit by a Drunk Driver
To maximize your potential settlement amount after being in a drunk driving accident, follow these important steps:
- Seek immediate medical attention: Even if injuries seem minor, some symptoms may appear days later
- Report the accident to police: Ensure the officer notes any signs of intoxication at the accident scene
- Gather evidence: Take photos of vehicles, road conditions, and visible injuries
- Identify witnesses: Collect contact information from anyone who saw the accident
- Avoid discussing fault: Don’t make statements to insurance adjusters without legal representation
- Document everything: Keep detailed records of medical treatment, expenses, and how injuries affect daily life
- Contact our experienced injury lawyers: Get tailored guidance for your specific situation as soon as possible
✔️ Our lawyers guide you through every step of the process — from evidence gathering to negotiating with insurers — to make sure nothing is overlooked.
Hypothetical Scenario for a DUI Case
Scenario: A 42-year-old teacher is driving home when a drunk driver runs a red light and crashes into her car. She suffers a broken pelvis and a traumatic brain injury that requires multiple surgeries.
Her medical bills exceed $250,000, and she’s unable to work for over a year. The at-fault driver carries only Georgia’s minimum insurance coverage — just $25,000 — nowhere near enough to cover her damages.
✔️ Her lawyer doesn’t stop at the driver’s policy. They pursue additional sources of compensation, including the driver’s personal assets and the bar that overserved the visibly intoxicated customer — a potential claim under Georgia’s Dram Shop law.
In the end, she recovers $1.2 million — including punitive damages to hold the drunk driver fully accountable.
⚠️ Without a lawyer who knew how to pursue every avenue, she might have walked away with only the $25,000 policy limit — and been left with massive debt.
Need Legal Help to Pursue a DUI Settlement in the Peach State?
If you or someone you love was injured by a drunk driver in Georgia, you don’t have to go through this alone. At Hawk Law Group, we understand the physical, emotional, and financial toll these crashes take — and we’re here to help you fight back.
With over 71 years of combined experience and tens of millions recovered for injury victims, our nationally recognized attorneys know how to hold drunk drivers — and those who enable them — fully accountable.
💡 We handle DUI injury cases across Augusta and surrounding areas, and we work on a contingency fee basis — meaning you pay nothing unless we win your case.
Call (706) 480-8962 or contact us online to schedule your free consultation — and let our team fight for the full compensation you deserve.
FAQs
How long do I have to file a drunk driving accident claim in Georgia?
You have two years from your accident date to file a lawsuit. If you miss this deadline, you’ll likely lose your right to get any money for your injuries.
Can I still get money if I was partly at fault for the accident?
Yes. In Georgia, you can still recover money as long as you were less than 50% responsible. Your settlement will be reduced by your percentage of fault.
Will my case need to go to court to get a fair settlement?
Most cases settle without a trial, but having a lawyer ready to go to court can get you a much better offer. Insurance companies tend to pay more when they know your attorney isn’t afraid of the courtroom.
What if the drunk driver has no insurance?
You can still get money through your own uninsured/underinsured motorist coverage if you have it. You can also sue the driver personally or go after other responsible parties like bars that overserved them.
How does a court decide on punitive damages in drunk driving cases?
Punitive damages are meant to punish the drunk driver. In Georgia, there’s no limit on these damages in DUI cases. The amount usually depends on how drunk the driver was and if they have previous DUIs.