Wrong-Way Driver Collisions: Catastrophic Crash Claims

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A person hit by a driver going the wrong way has a Georgia claim that starts with the rule that driver broke, and its size then depends on whether impairment is part of the case and whether one driver’s insurance can cover a loss that may be very large. The rules of the road settle the first point directly, including a rule for divided highways and their entrances and exits; impairment and insurance decide how much can be recovered and from whom.

The Rules a Wrong-Way Driver Breaks

“Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway,” with four listed exceptions, among them overtaking and passing, an obstruction that makes it necessary to drive left of center, and a roadway restricted to one-way traffic (OCGA 40-6-40(a)). “Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices” (OCGA 40-6-47(b)). On a divided highway, a vehicle must use the right-hand roadway unless official traffic-control devices or police officers direct or permit otherwise, may not cross the dividing space, barrier, or gore except at an opening or established crossover, and may not be driven onto or from a controlled-access roadway except at the entrances and exits established by public authority (OCGA 40-6-50(b)).

When Impairment Is Part of the Case

Georgia’s DUI statute bars driving or being in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe to drive, or with an alcohol concentration of 0.08 grams or more within three hours after driving from alcohol consumed before driving ended, and it also reaches drugs, toxic vapors, and combinations (OCGA 40-6-391(a)).

Impairment matters to the damages as well as the crime. Where punitive damages are proven and the defendant acted while under the influence of alcohol, or drugs other than lawfully prescribed drugs, to the degree that judgment was substantially impaired, there is no limit on the punitive damages against that active tort-feasor, though no other defendant bears them (OCGA 51-12-5.1(f)). In Moore v. Thompson, 255 Ga. 236 (1985), the Supreme Court of Georgia held that driving under the influence so as to injure another is an aggravating circumstance that can support punitive damages, and in Cheevers v. Clark, 214 Ga. App. 866 (1994), the Court of Appeals affirmed a $60,000 punitive award against a driver whose blood-alcohol content was .28 grams percent about an hour after a collision.

Other Sources of Recovery

A large loss can outrun one driver’s liability insurance. Unless the insured selected otherwise in writing, uninsured motorist coverage treats the at-fault vehicle as uninsured to the full extent of the insured’s uninsured motorist limits and applies in addition to the at-fault driver’s liability coverage, without duplicating its payments; an insured may instead select in writing coverage that treats the vehicle as uninsured only for the difference between the at-fault driver’s available liability coverage and the insured’s uninsured motorist limits (OCGA 33-7-11(b)(1)(D)(ii)(I), (II)). A provider that knowingly served alcohol to a noticeably intoxicated person, knowing the person would soon be driving, may be liable when the service proximately caused the injury (OCGA 51-1-40(b)), and an employer answers for an employee’s torts committed within the scope of its business (OCGA 51-2-2).

When the Collision Is Fatal

The surviving spouse or, if there is none, the children may recover the full value of the decedent’s life, as shown by the evidence (OCGA 51-4-2(a)).

Frequently Asked Questions

What if the wrong-way driver also died?
The claim does not abate. It continues against the wrongdoer’s personal representative as it would have against the wrongdoer, but no punitive damages may be recovered against the personal representative (OCGA 9-2-41).

Does a DUI prosecution pause the civil deadline?
For a tort claim by the victim of an alleged crime committed in Georgia, the limitation period is tolled from the date of the crime until the prosecution becomes final or otherwise ends, for no more than six years, except as OCGA 9-3-33.1 provides (OCGA 9-3-99).

Can the driver’s other DUI convictions be used?
On the question of punitive damages, Moore v. Thompson held that evidence of the driver’s guilty pleas to DUI offenses both before and after the collision at issue is admissible, even if those incidents injured no one.

What is a “gore”?
The statute defines it as the area of convergence between two lanes of traffic, and it bars driving over, across, or within a gore separating the roadways of a divided highway (OCGA 40-6-50(a), (b)).

  • OCGA 40-6-40(a); OCGA 40-6-47(b); OCGA 40-6-50(a), (b) (Georgia Commons text current through the 2025 Regular Session); OCGA 40-6-391(a)
  • OCGA 51-12-5.1(f); Moore v. Thompson, 255 Ga. 236 (1985); Cheevers v. Clark, 214 Ga. App. 866 (1994)
  • OCGA 33-7-11(b)(1)(D)(ii); OCGA 51-1-40(b); OCGA 51-2-2
  • OCGA 51-4-2(a); OCGA 9-2-41; OCGA 9-3-99

Disclaimer

This article provides general information about wrong-way driver collisions under Georgia law. It is not legal advice and does not create an attorney-client relationship. Liability and recovery depend on the driver’s condition, the insurance in place, and the specific facts. A person injured in a wrong-way collision should consult a licensed Georgia attorney promptly about the particular situation.

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