Hurt by a Drunk Driver in Clayton County? Talk to Our Team Today.

If a drunk driver hit my car in Clayton County, get medical care first, then call 911 and document the scene. Georgia sets firm filing deadlines, and the choices you make early can shape what proof you have later. This guide covers the first steps, the claims that may apply, and how T. Madden & Associates, P.C. handles a case.

What Do I Do First If a Drunk Driver Hit My Car in Clayton County?

Start with your health, then protect the evidence. The first hours after a crash often decide what proof is available later.

• Get medical care right away. Some injuries, including head and neck injuries, may not cause symptoms until hours or days later.
• Call 911. Ask the responding agency for a crash report. Write down the officer’s name and the report number.
• Take photos before the cars move. Capture both vehicles, skid marks, debris, traffic signals, and any visible injuries.
• Record names and details. Get the other driver’s information and any witness contacts. Note signs of drinking, such as open containers or slurred speech.
• Keep every record. Save medical bills, pharmacy receipts, repair estimates, and rental car invoices.
• Stay off social media. Posts about the crash, your injuries, or your activities can be used by insurers.

What Can an Impaired-Driver Crash Claim Cover in Georgia?

A claim may cover medical bills, lost pay, pain and suffering, and vehicle damage. Which sources pay depends on who was at fault and which insurance policies apply.

• Claim against the impaired driver. This may include medical bills, lost wages, pain and suffering, and property damage.
• Vehicle damage. Repair costs or the value of a totaled car are often pursued through the at-fault driver’s liability coverage. Your own collision coverage may also apply if you carry it.
• Passengers. People riding in the impaired driver’s car may have their own claims.
• Uninsured motorist coverage.
• These claims are narrow and turn on the details.
• Your own benefits. Medical payments coverage on your policy may help with bills, depending on what it includes.

Who Is This Guide For?

This guide is for people hurt by a driver who was drinking or appeared impaired. It also helps families and vehicle owners.

• Drivers and passengers injured in the crash.
• Family members handling a loved one’s injuries, or a claim after a fatal crash.
• Vehicle owners whose car was damaged or totaled.
• Clayton County and Jonesboro drivers, and anyone whose crash happened on Clayton County roads.
• People still deciding whether to talk with a lawyer who want the facts first.

If a loved one died, Georgia’s wrongful death rules set out who may bring a claim and what it can recover (Georgia wrongful death law).

What Georgia Rules Shape a Drunk Driver Crash Claim?

Except as otherwise provided in this article, O.C.G.A. § 9-3-33 provides that actions for injuries to the person must be brought within two years after the right of action accrues. Fault rules can also reduce what you recover.

• Filing deadline. Georgia generally requires injury lawsuits to be brought within two years after the right of action accrues (Georgia injury deadline statute). Loss-of-consortium claims have four years.
• Criminal case pause.
• Shared fault. Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), a jury assigns each party a percentage of fault. If you are 50% or more responsible for the harm, you recover nothing, and if you are less than 50% at fault, your damages are reduced by your own percentage (Georgia fault apportionment law).
• Separate shares. In many cases, a liable party pays only its own share of the award, but Georgia law has exceptions to this rule.
• Evidence. Crash reports, toxicology results, and video from police or dash cameras often matter. Some footage is overwritten over time, so early requests help.

How Does the Process Work With T. Madden & Associates, P.C.?

The process starts with a free, confidential first consultation. It then moves through investigation, insurance claims, and either a settlement or a lawsuit. Timing varies from case to case.

1. Free first consultation. We review the crash facts, your injuries, and your insurance information. There is no obligation to continue.
2. Investigation. We gather the crash report, medical records, vehicle damage records, and policy details. Medical bills are measured by the reasonable value of medically necessary care under Georgia law (Georgia medical expense rule).
3. Insurance communication. We present claims to the at-fault driver’s insurer and to your own uninsured motorist carrier when that applies.
4. Negotiation or lawsuit. If a fair resolution is not reached, we can file suit in the proper Georgia court before the legal deadline.
5. Resolution. Any recovery is distributed as the law allows, and we explain each step in plain language.

Fees: We work on a no fee unless we win basis. You may still be responsible for court costs and case expenses.

Why Choose T. Madden & Associates, P.C. for This Type of Case?

T. Madden & Associates, P.C. is a Georgia personal injury firm in practice since 1999. Terance Madden is the responsible lawyer for this practice.

• Five offices. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. Clayton County clients can meet at the Jonesboro office.
• Support staff. Our team, including office staff and assistants, helps with scheduling, records, and document organization, so you can focus on recovery.
• Phone line 24/7. You can call at night or on weekends when a crash has just happened.
• Related cases. The firm also handles car accident, truck accident, motorcycle, wrongful death, and catastrophic injury matters.
• Clear updates. We explain what is known, what is still under investigation, and what decisions are coming next.

What Questions Do People Ask After a Drunk Driver Crash?

Most of these questions come down to who pays and which insurance applies.

These claims are narrow.

Does insurance cover a totaled car if the other driver was drunk? Often the at-fault driver’s liability coverage pays. Your collision coverage may help if you carry it.

What happens if someone borrowed my car and got a DUI? Responsibility depends on the facts and on which insurance applies. Each case is different.

What if the drunk driver has no insurance? Uninsured motorist coverage on your own policy may cover your injuries.

What if I was riding in the drunk driver’s car? Passengers may have claims. The insurance that applies depends on the crash details.

Talk With a Clayton County Drunk Driver Crash Lawyer

After a drunk driver crash, you may be dealing with pain, a damaged car, and calls from insurers all at once. You may also have a claim worth reviewing. Reach out to start a free case evaluation with T. Madden & Associates, P.C. Our first consultation is free and confidential, with no obligation to continue, and we will review the crash facts and deadlines with you.