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Download Our DUI Collision Complaint

While most car crashes are considered “accident”, driving while under the influence is anything but an accident – it’s a conscious choice. Georgia law classifies driving under the influence as a serious crime according to O.C.G.A. §40-6-391 and O.C.G.A. §40-6-394. In these cases, an injured victim can seek punitive damages. Punitive damages are an additional financial award that serves to punish the defendant for particularly egregious or reckless behavior. They serve to deter similar conduct in the future and are awarded in addition to compensatory damages (reimbursement for medical bills, lost wages, pain and suffering).

In Georgia, punitive damages are generally capped at $250,000, as stated in O.C.G.A. §51-12-5.1. However, if the Defendant acted with a specific intent to cause harm, this cap may not apply. Additionally, Georgia mandates a minimum of $25,000 in insurance coverage. Therefore, victims of DUI accidents are likely to receive at least this amount, provided the at-fault driver’s insurance policy does not exclude punitive damages.

WHAT YOU'LL LEARN FROM OUR TEMPLATE:

1. How to identify the unique aspects of a DUI accident case and how to effectively present them in your complaint.
2. The importance of including relevant DUI statutes and regulations to establish negligence per se.
3. How to properly plead for punitive damages in cases involving drunk driving, and the potential for unlimited punitive damages in Georgia when the defendant was under the influence of alcohol or drugs.
4. Strategies for crafting a concise yet persuasive complaint that clearly communicates the facts and legal arguments in your client's favor.

Take advantage of our years of experience in litigating DUI accident cases by downloading our free personal injury complaint template designed specifically for DUI accidents, simply click the link below:

PREVIEW:

IN THE STATE COURT OF HALL COUNTY STATE OF GEORGIA
JOHN SMITH,

PLAINTIFF,

v.

ROBERT BROWN, DEFENDANT.

CIVIL ACTION FILE NO.:

COMPLAINT FOR INJURIES
COMES NOW, Plaintiff in the above-styled civil action and brings this Complaint against the above-named Defendant, and in support hereof, shows the Court as follows:

parties and jurisdiction

1. Plaintiff John Smith resides in the county of Forsyth and is subject to the jurisdiction of this court.
2. Defendant Robert Brown (“Defendant”) may be served with process at their residence located at 4970 Kuhl Avenue, Apartment 34J, Gainesville, GA 30501.
3. Defendant is subject to the jurisdiction of this Court because they are a Georgia resident.
4. Venue is proper in this Court because Defendant resides in Hall County.
5. Pursuant to OCGA §9-3-33, actions for injuries to the person shall be brought within two years after the right of action accrues. This action is brought before the two-year limitation.

BACKGROUND

1. On or about June 5, 2021, Plaintiff and Defendant were involved in an automobile crash in Atlanta, Georgia, Fulton County.
2. Plaintiff was operating a 2015 Kia Optima traveling westbound on 14th Street and approaching the intersection of Peachtree Street NE.
3. Defendant was operating a 2008 Honda Accord CR-V traveling westbound on 14th Street, behind Plaintiff, and approaching the intersection of Peachtree Street NE.
4. The Collision occurred when Defendant crashed into the rear of Plaintiff’s vehicle while under the influence of alcohol.
5. Plaintiff suffered bodily injuries because of the Collision.
6. At all relevant times, Plaintiff exercised due care for their own safety.

NEGLIGENCE

1. Defendant owed a duty of care to the motoring public in general, and to Plaintiff in particular, to operate a vehicle in a reasonable and prudent manner and to adhere to the pertinent Rules of the Road for the State of Georgia.
2. The Collision was directly and proximately caused by...

HAVE QUESTIONS OR NEED ADDITIONAL SUPPORT?

We're committed to helping personal injury attorneys deliver the best possible outcomes for their clients in DUI accident cases. If you have any questions about our template or need further assistance, please don't hesitate to reach out to our team of experienced personal injury attorneys. Together, we can uphold the highest standards of personal injury law and fight for the justice and compensation that DUI accident victims deserve.

For more resources and sample documents, explore our comprehensive library, which includes our popular Sample Auto Accident Complaint for Magistrate Court.

We hope our template complaint proves to be a valuable asset in your personal injury practice. If you have any questions or need additional support, don't hesitate to reach out to our experienced team at Georgia Trial Attorneys. Together, we can deliver the best possible outcomes for our clients while upholding the highest standards of personal injury law.