There’s a lot of bad information out there about pedestrian accidents involving drunk drivers in Savannah, and it causes victims to make huge mistakes with their injury claims. If you’ve been hit, you have to understand how the law actually works.
Key Takeaways
- Georgia law lets you go after punitive damages against drunk drivers, which can add a lot of money to a settlement on top of medical bills and lost pay.
- You must report the accident to the Savannah Police Department right away. Their report is a foundation for any legal action you take later.
- Even if you were partly at fault as a pedestrian (like jaywalking), Georgia’s modified comparative negligence rule under O.C.G.A. Section 51-12-33 means you can probably still get paid as long as you were less than 50% responsible.
- The driver’s insurance adjuster will try to get you to accept a quick, lowball settlement. Taking that money without talking to a lawyer means you can’t ask for more later.
- According to O.C.G.A. Section 9-3-33, a personal injury lawsuit for a pedestrian accident with a drunk driver in Savannah generally has to be filed within two years of the incident.
Myth 1: The Criminal Case Handles Everything. I Don’t Need a Separate Civil Claim
Too many people think that once a drunk driver is arrested, the criminal courts will get them their money back. That’s a complete misunderstanding. The criminal case is about punishing the driver for breaking the law, which usually means fines, maybe jail time, or probation. A judge might order restitution, but it almost never covers the full financial hit a victim takes. A criminal court won’t award you a dime for your pain and suffering, your future medical needs, or the full amount of income you might lose over your lifetime.
Your injury claim is a separate civil case, and it’s all about getting compensation for you. It’s the only way to try and make you financially whole again. This is where you demand money for all your medical bills, physical therapy, lost paychecks, future lost income, emotional trauma, and the pain you’re going through. The standard of proof is different, too. A criminal prosecutor has to prove guilt “beyond a reasonable doubt,” which is a very high bar. For your civil claim, we only have to show liability by a “preponderance of the evidence”, meaning it’s just more likely than not that the driver was at fault. This lower standard means you can win your civil case even if the driver gets acquitted of the DUI, especially when we can show their blood alcohol was over the legal limit when they hit you. It’s a distinction victims ignore all the time, and it costs them.
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Start my free evaluationMyth 2: If the Drunk Driver Doesn’t Have Insurance, I Have No Options
This is a big fear, and it’s understandable when you’re facing life-changing injuries. The at-fault driver’s insurance is usually the main source of money, but if it’s not there, you aren’t necessarily out of luck. Your own insurance policies might be the answer. Specifically, your Uninsured/Underinsured Motorist (UM/UIM) coverage on your car insurance policy can kick in. This is exactly what that coverage is for: situations where the person who hit you has no insurance or not enough to cover all your damages.
Yes, even though you were a pedestrian, your own UM/UIM coverage from a car you own can apply here. It’s a contract you have with your insurance company, and they have to pay out based on its terms. There are other angles, too. If the drunk driver was using someone else’s car, that car owner’s insurance might be on the hook. And in some cases, a bar or restaurant that knowingly overserved the drunk driver could be held liable under Georgia’s dram shop laws (O.C.G.A. Section 51-1-40). Proving a dram shop case is tough. It requires showing the bar kept serving someone they knew was already drunk and was about to drive. You often need to dig up witness statements and security video from the bar. Don’t just give up because the driver was uninsured. You have to investigate every possibility.
Myth 3: My Minor Injuries Aren’t Worth Pursuing in a Claim
Any injury from getting hit by a drunk driver in Savannah needs to be taken seriously, no matter how small it seems at first. I’ve seen it a hundred times: what feels like a “minor” sprained ankle or a headache can turn into chronic pain that requires years of physical therapy or even surgery down the line. A concussion that you brush off as just a bump on the head can become a debilitating post-concussion syndrome that messes with your ability to think and function every day. People dismiss their injuries, only to get stuck with huge medical bills and constant pain long after the two-year deadline to file a claim has expired.
The real cost of an injury isn’t just the first ER bill. It’s the paychecks you lose, the hobbies you can’t do anymore, the emotional strain, and the effect it has on your family. Even a small injury can totally upend your life. On top of that, Georgia law provides for general damages for things like pain and suffering, which aren’t tied to a specific receipt. If you wait to see if an injury gets better on its own, you lose the chance to collect critical evidence, like the initial medical records right after the crash or witness accounts that get harder to track down with each passing day. Get to a doctor immediately and document absolutely everything.
Myth 4: If I Was Jaywalking, I Can’t Recover Anything
This myth is everywhere, and it stops injured pedestrians from even trying to get justice. Yes, as a pedestrian, you have a duty to be careful and obey traffic signals, but jaywalking doesn’t automatically kill your case in Georgia. Our state uses a modified comparative negligence rule, which is written down in O.C.G.A. Section 51-12-33. What this law says is that if you’re found to be less than 50% at fault for the accident, you can still collect money, but your total award gets reduced by your percentage of fault. So if a jury decides your damages are $100,000 but you were 20% at fault for crossing mid-block, you’d still get $80,000.
The main point is that a drunk driver’s choice to get behind the wheel is almost always going to be seen as the biggest cause of the crash. Driving while impaired is a massive failure of a driver’s duty, and a jury will take that very seriously. Even if you weren’t in a crosswalk, a driver still has to keep a proper lookout and avoid hitting people, especially in busy areas like downtown Savannah near River Street or City Market where people are everywhere. An intoxicated driver just isn’t capable of doing that. The defense will argue you were partially at fault, but it’s an argument that takes careful legal work to overcome, and it rarely prevents you from recovering anything against a drunk driver.
Myth 5: I Have Plenty of Time to File My Claim
Time is not on your side in a personal injury case. Waiting around can kill your ability to get paid. In Georgia, the statute of limitations for most personal injury claims, which includes pedestrian accidents, is two years from the day you got hurt. That law is O.C.G.A. Section 9-3-33. If you miss that two-year deadline to file a lawsuit, you lose your right to sue for good, no matter how strong your case is. The deadline is strict and there are almost no exceptions.
Putting it off hurts your case in other ways, too. Evidence just disappears. Witnesses forget what they saw, security camera footage from shops on Broughton Street or near Forsyth Park gets recorded over, and physical evidence from the scene gets washed away or moved. Insurance companies also love to use your delay against you, arguing that if you were really that hurt, you would have done something sooner. Acting fast lets your lawyer do a proper investigation, save the evidence, and get you to the right doctors, all of which are needed to build a winning claim. Don’t let the clock run out.
After getting hit by a drunk driver as a pedestrian, you have to take quick, smart action to protect your rights and get the money you deserve.
What kind of damages can I claim in a pedestrian drunk driver accident in Savannah?
You can claim money for your direct financial losses (economic damages) like all medical bills and lost pay, both now and in the future. You’re also entitled to non-economic damages for things like your pain, suffering, and the emotional toll of the accident. Because a drunk driver was involved, Georgia law (specifically O.C.G.A. Section 51-12-5.1) also lets you go after punitive damages, which are meant to punish the driver for their reckless behavior and can seriously increase your total recovery.
How does the police report impact my injury claim?
The Savannah Police Department report is an incredibly important piece of evidence. It’s got the officer’s opinion on who was at fault, notes about the driver’s intoxication, names of witnesses, and a diagram of the scene. While the report itself might not be admissible in court as proof of fault, it’s a huge help for the investigation and heavily influences how the insurance company will treat your claim.
What if the drunk driver fled the scene?
If the drunk driver took off (a hit-and-run), your best bet is your own Uninsured Motorist (UM) coverage. That’s exactly what UM is for, when the at-fault driver can’t be found or doesn’t have insurance. You have to call the police immediately, because their investigation might actually find the driver. If you don’t have UM coverage, getting compensation becomes much, much harder.
Do I need to go to court for my injury claim?
Probably not. Most personal injury cases, even with drunk drivers, settle out of court. The process involves negotiating with the insurance company. But if they refuse to offer a fair settlement, filing a lawsuit and being ready for trial might be the only way to get what you’re owed. Whether your case goes to court really depends on the facts, the insurance company’s offers, and how strong our evidence is.
Can I still file a claim if I had a few drinks before the accident?
Yes, absolutely. This is just like the jaywalking myth. Georgia’s modified comparative negligence rule (O.C.G.A. Section 51-12-33) still applies. If a jury finds that your drinking contributed to the accident, they will assign you a percentage of fault, and your final award will be reduced by that amount. As long as your fault is less than 50%, you can still recover money from the drunk driver, whose fault will almost certainly be considered far more serious.
