Drunk Driver Pedestrian Accident Lawyers in Georgia & South Carolina
Alcohol-impaired drivers are one of the greatest threats to pedestrian safety. A drunk driver’s impaired vision, delayed reactions, and poor judgment make them far more likely to fail to see a pedestrian, run a red light, or lose control — with devastating consequences for anyone on foot. The NHTSA reports that alcohol impairment is a factor in approximately 47% of all traffic crashes that result in pedestrian deaths — nearly half of all pedestrian fatalities involve a drunk driver or a drunk pedestrian.
At Roden Law, our pedestrian accident lawyers pursue the most aggressive legal strategies available against drunk drivers, including punitive damages and dram shop liability claims against establishments that over-served the impaired driver.
DUI and Pedestrian Safety Laws
Both Georgia and South Carolina impose serious criminal and civil consequences for impaired driving that injures pedestrians:
- Georgia: O.C.G.A. § 40-6-391 prohibits driving with a BAC of 0.08% or higher. Serious injury by vehicle while DUI is a felony carrying 1-15 years. First-degree vehicular homicide while DUI carries 3-15 years.
- South Carolina: S.C. Code § 56-5-2930 prohibits driving with a BAC of 0.08% or higher. Felony DUI resulting in great bodily injury carries up to 15 years. DUI resulting in death carries up to 25 years.
Punitive Damages and Dram Shop Liability
Drunk driver pedestrian cases often support two powerful additional claims:
- Punitive damages: Georgia law (O.C.G.A. § 51-12-5.1) and South Carolina law allow punitive damages for willful misconduct or conscious disregard for safety. Choosing to drive drunk is strong evidence of exactly that kind of reckless behavior. These damages punish the wrongdoer beyond compensatory damages.
- Dram shop claims: Georgia’s dram shop law (O.C.G.A. § 51-1-40) and South Carolina’s statute (S.C. Code § 61-4-580) allow claims against bars, restaurants, and other establishments that served alcohol to a visibly intoxicated person who then caused injury. These claims add a second liable party with commercial insurance coverage.
Why Drunk Drivers Are Especially Dangerous to Pedestrians
Alcohol impairment creates a perfect storm of risk for pedestrians:
- Reduced peripheral vision: Alcohol narrows a driver’s field of vision, making them less likely to detect pedestrians at the edges of the road or entering crosswalks
- Delayed reaction time: Even moderate impairment significantly increases the time needed to perceive a hazard and apply the brakes
- Night driving impairment: Most drunk driving occurs at night, when pedestrian visibility is already reduced. Alcohol further impairs night vision and glare recovery
- Lane drift and loss of control: Impaired drivers weave across lanes and onto shoulders and sidewalks. Drunk drivers are also more likely to flee the scene after striking a pedestrian.
- Speed misjudgment: Drunk drivers often drive faster than they realize, reducing their ability to stop for pedestrians
Our attorneys pursue every available dollar of compensation — from the drunk driver’s liability insurance, from punitive damages, from dram shop claims, and from any other applicable coverage — to ensure pedestrian victims and their families receive full justice. We also handle drunk driver car accident claims involving the same aggressive legal strategies.