Recently, a tragic car accident took place in the Rome area that resulted in a devastating injury to a high school cross-country coach and runner. Reports indicate that she was pinned under a vehicle for nearly two hours, ultimately losing a leg due to the crash. Even more distressing is the possibility that one of the drivers involved may have been under the influence of methamphetamine at the time of the accident.
This heartbreaking event raises a critical legal question: If a driver under the influence of drugs or alcohol causes a crash and is held financially responsible, can they eliminate that debt through bankruptcy?
The answer is clear: No, they cannot.
DUI-Related Debts Are Non-Dischargeable in Bankruptcy
The Bankruptcy Code explicitly states that debts resulting from personal injury or death caused by the unlawful operation of a motor vehicle while intoxicated are non-dischargeable under Section 523(a)(9). This means that even if a person files for bankruptcy, they cannot erase their responsibility for damages caused by their reckless and unlawful actions behind the wheel.
Not only that, but criminal restitution—if ordered in a case like this—is also non-dischargeable. It remains a financial burden that follows the offender for life.
The Financial Fallout: Judgments Can Last a Lifetime
For those who think they can simply wait out a civil judgment until it “expires,” think again. Large civil judgments can often be renewed indefinitely for minimal cost to the creditor. As long as the judgment remains valid, the victim—or their family—can continue to garnish wages, seize bank accounts, and claim assets to ensure justice is served.
This is why it is critical to prevent drunk or drugged driving at all costs. A single reckless decision can have lifelong consequences for both the victim and the offender.
The Importance of Proper Insurance Coverage
A critical takeaway from this case is the importance of having the right car insurance coverage. Many people don’t realize that Georgia requires shockingly low minimum insurance limits—only $25,000 for bodily injury liability. That amount is nowhere near enough to cover medical bills, lost wages, or long-term care in a catastrophic accident.
To protect yourself and your family, consider:
- Maximizing your uninsured/underinsured motorist (UM/UIM) coverage. If you’re hit by a driver with little or no insurance, this coverage helps pay for your medical bills and other losses.
- Getting an umbrella policy. This extra layer of coverage can provide significant financial protection beyond your standard auto insurance policy.
- Working with a reputable insurance agent. Avoid agents who sell policies as a side job. Your coverage is too important to trust to someone who isn’t fully committed to the profession.
The Broader Issue: Holding Reckless Drivers Accountable
In the past, I held a more libertarian view—believing that people should be free to make their own choices as long as those choices didn’t affect others. But the reality is that drug and alcohol abuse does affect others—often in devastating ways.
When an impaired driver gets behind the wheel, they put every other person on the road at risk. It is not fair that an innocent person—just driving home or going for a run—has their life changed forever due to someone else’s recklessness.
That’s why I believe we must crack down on DUI and drugged driving offenses to the fullest extent allowed by the Constitution. If someone has a drinking or drug problem, do not let them borrow your car—ever. If they get into an accident with your vehicle, you could face legal liability as the owner.
Final Thoughts
This tragic accident serves as a painful reminder of why driving under the influence is never worth the risk. The consequences are severe, lifelong, and often irreversible.
To protect yourself and your loved ones:
- Never drive under the influence—ever.
- Never allow someone who is impaired to drive your vehicle.
- Ensure you have proper insurance coverage in place.
One bad decision behind the wheel can destroy lives—including your own. Let’s work together to prevent these tragedies before they happen.
Thank you for reading. Stay safe on the roads.