Hurt by a Drunk or Impaired Driver?
A crash caused by a driver who was drinking or using drugs is one of the hardest things to go through. You did nothing wrong, and now you are dealing with injuries, medical bills, missed work, and a damaged car.
Attorney "Crash" Carson Royal and the Crash Carson team help people injured by impaired drivers in Chattanooga and across North Georgia. We handle the legal side of your claim, so you can focus on getting better.
What To Do After a Crash With an Impaired Driver
- Call 911 right away. Tell the officer if you think the other driver was drinking or impaired.
- Get medical care, even if you feel fine.
- Write down what you saw: the smell of alcohol, slurred speech, open containers, or erratic driving before the crash.
- Get the names of witnesses and take photos of the vehicles and the scene if you can.
- Talk to a lawyer before you give a recorded statement to any insurance company.
See our full checklist: What To Do After a Car Accident
Your Injury Claim Is Separate From the DUI Case
The criminal case
If the other driver is charged with DUI, that is a criminal case brought by the state. It is about punishing the driver, not about paying for your injuries.
Your injury claim
Your claim for medical bills, lost wages, and pain and suffering is a separate civil claim. We gather the police report, any arrest records, witness statements, and your medical records to build it.
Punitive damages
Georgia and Tennessee both limit punitive damages in most cases. But under the laws of both states, those limits do not apply when the at-fault driver was under the influence of alcohol or drugs to the point that their judgment was substantially impaired.
When the drunk driver has little or no insurance
Your own uninsured or underinsured motorist coverage may help. Learn more: Hit-and-Run and Uninsured Driver Accidents and Car Accident Insurance Claims and Settlements.
Can a Bar or Store Also Be Responsible?
Sometimes. Both states allow claims against a business that sold or served the alcohol, but only in narrow situations.
In Tennessee
A seller can be held responsible only if it sold alcohol to someone it knew was under 21, or to a visibly intoxicated person, and that person then caused the injury. A jury must find these facts beyond a reasonable doubt, which is a high bar for a civil case.
In Georgia
A person or business that serves alcohol can be responsible if it knowingly served someone who was noticeably intoxicated, or willfully, knowingly and unlawfully served someone under 21, knowing that person would soon be driving.
These claims depend on evidence like receipts, witness accounts and video, which can disappear quickly. Tell us early if you know where the driver had been drinking.
Investigation
We gather the police report, photos, witness statements and medical records, and we look at who owned the vehicles involved and whether the other driver was working at the time.
We Deal With the Insurance Companies
Once we take your case, we handle communication with the insurance companies for you. You do not have to give a recorded statement to the other driver's insurer.
Free Consultation, Contingency Fee
Your first consultation is free. We take injury cases on a contingency fee basis, which means our fee comes from what we recover for you.
What Happens When You Call Us
Here is what to expect when you contact us after a crash with an impaired driver.
- Free consultation. Tell us what happened. We listen, answer your questions and explain your options. There is no cost to talk with us.
- No upfront fees. If we take your case, we work on a contingency fee basis. We never ask for attorney's fees or a retainer up front.
- Investigation. We gather the police report, photos, witness statements and medical records, and we look at every insurance policy that could apply.
- We handle the insurance companies. Calls, paperwork and requests for recorded statements come to us, so you can focus on getting better.
- Demand and negotiation. Once the full picture of your injuries is clear, we present your claim to the insurance company and negotiate for a fair settlement.
- Ready for trial if needed. Most accident injury cases are settled without going to court. If the insurer won't make a fair offer, we are prepared to file a lawsuit and take your case to trial.
Crash Carson is licensed to practice in both Tennessee and Georgia.
Hurt by a drunk or impaired driver? Start your free consultation and tell us what happened.
Questions We Hear Often
Do I need a lawyer if the driver was arrested for DUI?
An arrest does not pay your medical bills. The other driver's insurance company will still try to keep your claim small. A free consultation can help you understand your options before you sign anything.
Is there a deadline?
Yes. Georgia's statute of limitations for injury claims is generally two years and Tennessee's is generally one year, and insurance policies can have their own notice requirements. Don't wait.
Where do you help?
We help people hurt in car wrecks in Chattanooga and the surrounding area and in Rossville and North Georgia.
Can I sue a drunk driver who hit me?
Yes. Your injury claim is a civil claim, separate from any DUI charge, and it is about paying for your losses. The deadline still applies: generally two years in Georgia and one year in Tennessee.
Is it worth suing a drunk driver?
It depends on your injuries and the insurance available. A claim is often paid through the at-fault driver's insurance. If the driver has little or no insurance, your own uninsured motorist coverage may help. A free consultation can help you weigh your options.
How much does a drunk driving accident claim pay?
Every case is different. A claim can include medical bills, lost wages and pain and suffering. In some impaired-driving cases, punitive damages may also be available, as explained above.
Will the DUI case help my injury claim?
Evidence from the criminal case, like the police report and arrest records, can help. But an arrest alone doesn't pay your bills, and the insurance company will still look hard at your claim.