Drunk Driving Accidents

Drunk Driving Accident Attorney in Marietta

Civil Recovery for Impaired Driving Victims in Cobb County

When a drunk driver causes a crash, the criminal case that follows is the state’s pursuit of punishment. It doesn’t pay your medical bills, replace lost wages, or address your pain and suffering. A separate civil claim does. At Bettis Musgrove, we handle drunk driving accident cases for injured individuals and families in Marietta, with direct attorney involvement from the first call through resolution.

Our firm was founded by Ben Musgrove and Spenser Bettis on small-town Southern principles: personal attention, honest communication, and genuine care for the people we represent. We work on a contingency fee basis, so you owe us nothing unless we recover compensation for you. Free consultations are available, and we’re reachable 24/7.

If you or a family member was injured by a drunk driver in Marietta, don’t wait to get answers. Call Bettis Musgrove any time at (470) 347-1515 for a free consultation with no obligation.

What Sets Bettis Musgrove Apart for Marietta Drunk Driving Cases

Ben Musgrove was recognized by Super Lawyers as a Rising Star from 2019 through 2023, a multi-year acknowledgment that reflects the quality of advocacy our clients receive. Our attorneys draw from backgrounds in military and law enforcement, which shapes a disciplined, methodical approach to building and presenting each case.

We keep our caseload intentionally focused so every client gets the attention their case deserves. You’ll have direct access to your attorney throughout, not a rotating cast of support staff. When clients can’t come to us because they’re recovering in a hospital or at home, we come to them.

We manage every stage of a drunk driving accident claim: investigation, evidence gathering, insurance negotiation, and litigation when carriers undervalue what happened. We’ve obtained policy-limit settlements in high-stakes collision cases, including situations where the at-fault driver’s coverage was inadequate. We also connect clients with physical therapy and counseling services when those resources are needed as part of recovery.

Start Your Case with a Free Consultation

A drunk driving accident can upend every part of your life at once. We’re here to handle the legal process while you focus on healing. There’s no fee unless we recover compensation, no pressure in the consultation, and no barrier to reaching us day or night. Home and hospital visits are available if you can’t travel.

Call Bettis Musgrove at (470) 347-1515 to speak directly with our attorneys about your Marietta drunk driving accident claim.

How Georgia Law Treats Drunk Driving Injury Claims

Drunk driving accident claims in Georgia carry legal weight that goes beyond a standard car accident case. Several statutes change what victims can recover and who they can hold liable.

Negligence Per Se

Under O.C.G.A. § 40-6-391, driving under the influence is a criminal offense in Georgia. Violating that statute establishes negligence per se, a doctrine meaning the law itself defines the conduct as careless. A victim doesn’t need to independently argue the driver was unreasonably dangerous; the DUI violation, paired with proof of causation, satisfies that element of the claim.

Punitive Damages Without a Cap

Georgia generally limits punitive damages to $250,000. O.C.G.A. § 51-12-5.1 creates a specific exception for drunk driving: when a driver was under the influence of alcohol or drugs, that cap doesn’t apply. Georgia treats impaired driving as conscious indifference to consequences, which is the legal threshold for uncapped punitive damages. This exception gives drunk driving claims a different damages profile than most personal injury cases.

Dram Shop & Social Host Liability

Georgia’s dram shop statute, O.C.G.A. § 51-1-40, allows injured victims to pursue compensation from a bar, restaurant, or other vendor that knowingly served alcohol to a visibly intoxicated person or a minor under 21, when it was foreseeable that person would drive. The same statute extends to social hosts who provide alcohol to a visibly intoxicated guest and allow them to drive. Identifying these additional liable parties can increase the total recovery available.

Criminal vs. Civil Case Distinction

A criminal conviction isn’t required for a civil claim to succeed. Criminal cases use a beyond-a-reasonable-doubt standard; civil cases use preponderance of the evidence, a meaningfully lower bar. Evidence gathered by law enforcement, including police reports, breathalyzer results, field sobriety test records, and body camera footage, can be used in the civil proceeding regardless of how the criminal case resolves.

Comparative Negligence & BAC Limits

Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 reduces a victim’s recovery by their percentage of fault. If a victim is found 50% or more responsible, they may not recover at all. Georgia sets the legal blood alcohol concentration (BAC) limit at 0.08% for adult drivers, 0.02% for drivers under 21, and 0.04% for commercial drivers.

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How We Handle a Drunk Driving Accident Case from Start to Finish

Drunk driving accident cases require fast, thorough action. Physical evidence from the crash scene degrades quickly, chemical test records have retention limits, and witness memories fade. From the moment a client contacts us, we move to preserve what matters.

Investigation & Evidence Preservation

We gather police reports, breathalyzer and field sobriety test documentation, crash scene evidence, and witness statements. In commercial truck cases, we also examine carrier records and driver logs. Identifying every liable party, including the driver, any alcohol vendor under dram shop liability, and a commercial carrier when applicable, affects how much total recovery may be available.

Insurance Negotiation

Insurers know drunk driving claims carry exposure to uncapped punitive damages. That awareness sometimes produces quick, low settlement offers designed to close a claim before a victim has fully assessed their injuries. We negotiate strategically with carriers and won’t accept offers that don’t reflect the full value of what our clients have been through. We’ve obtained policy-limit settlements in high-stakes collision cases, and we’re prepared to litigate when a carrier undervalues impaired driving conduct.

Communication & Ongoing Support

We keep clients informed at every stage. You’ll know where your case stands and what’s coming next. When clients need support beyond the legal process, we can connect them with physical therapy and counseling resources to aid their recovery alongside the claim.

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We provide personal service and care for each client in order to deliver the best results possible.
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Steps to Take After a Drunk Driving Accident in Marietta

What you do in the hours and days after a crash directly affects your ability to pursue compensation. These steps protect your health and preserve your claim.

Critical steps after a drunk driving crash:

Call 911 immediately. Law enforcement can document signs of impairment, conduct field sobriety testing, and make a DUI arrest. A police report noting intoxication is valuable evidence in the civil claim.
Seek medical evaluation promptly. Even when injuries seem minor, get checked out. Gaps in medical treatment give insurers room to argue that injuries weren’t caused by the crash.
Document the scene if you’re able. Photographs of vehicle damage, the crash location, road conditions, and visible injuries all support your case.
Collect information. Get the other driver’s insurance and license details, and take down contact information from any witnesses.
Stay off social media. Insurers monitor social platforms. Posts about the accident or your activities can be used to challenge the severity of your injuries.
Don’t sign anything from an insurer. Early settlement offers frequently don’t account for the full value of a claim, particularly when punitive damages may apply. Consult an attorney first.
Contact an attorney as early as possible. Physical evidence disappears, and witness memories fade. Starting the investigation quickly matters.

Types of Drunk Driving Cases & Injuries We Handle in Marietta

Impaired drivers tend to cause more severe crashes than sober drivers because they often fail to brake or swerve before impact. The resulting collisions are frequently full-force, producing injuries that range from serious to catastrophic.

We handle drunk driving accident claims involving car accidents, truck accidents, motorcycle accidents, and wrongful death. Pedestrians and motorcyclists face heightened exposure in these crashes because they have no vehicle structure to absorb the impact. Head-on and wrong-way collisions, which are disproportionately linked to impaired driving, appear regularly in the cases we handle.

On the injury side, we represent clients with traumatic brain injury (TBI), spinal cord injury, amputation, and other catastrophic harm. When a drunk driver causes a fatal crash, surviving family members can pursue a wrongful death claim in civil court. That claim runs parallel to any vehicular homicide charges the state may bring, and the two proceedings operate independently.

Georgia’s Filing Deadline for Drunk Driving Accident Claims

Georgia’s personal injury statute of limitations gives most accident victims two years from the date of the crash to file a civil claim, under O.C.G.A. § 9-3-33. Missing that window typically means losing the right to pursue recovery.

Drunk driving cases have an important exception. Under O.C.G.A. § 9-3-99, the two-year clock is tolled while a criminal case against the at-fault driver is pending, which can extend the filing period for up to six years from the date of the crash. Victims don’t need to wait for the criminal case to conclude before consulting an attorney or beginning the civil process.

That extended window doesn’t reduce the urgency of acting early. Physical evidence from the crash scene, chemical test records, and witness recollections all become harder to obtain as time passes. Retaining an attorney before the criminal case concludes also means your attorney can monitor those proceedings and use evidence gathered by law enforcement, such as breathalyzer results and body camera footage, in the civil claim.

If you were injured by a drunk driver in Marietta, contact Bettis Musgrove at (470) 347-1515 to understand where your deadline stands and what can be done now to protect your claim.