Drunk Driver Bicycle Accident Lawyers in Georgia & South Carolina
Alcohol-impaired driving is one of the leading causes of fatal bicycle accidents. A drunk driver’s impaired judgment, reduced reaction time, blurred vision, and poor coordination make them unable to safely share the road with cyclists. The NHTSA reports that alcohol-impaired driving fatalities account for approximately 30% of all traffic deaths annually — and cyclists are among the most vulnerable victims because they have no physical protection in a collision.
At Roden Law, our bicycle accident attorneys represent cyclists throughout Georgia and South Carolina who have been struck by drunk drivers. These cases are particularly strong because the driver’s impairment is powerful evidence of negligence, and punitive damages are available to punish the driver’s reckless decision to drive while intoxicated.
Georgia and South Carolina DUI Laws
Both states impose strict criminal penalties for driving under the influence:
- Georgia: O.C.G.A. § 40-6-391 makes it illegal to drive with a BAC of .08% or higher, or while impaired to a lesser degree by alcohol, drugs, or a combination. Causing serious injury while DUI is a felony under O.C.G.A. § 40-6-394.
- South Carolina: S.C. Code § 56-5-2933 prohibits driving with a BAC of .08% or higher, and § 56-5-2930 prohibits driving while materially and appreciably impaired. Felony DUI causing great bodily injury is covered under S.C. Code § 56-5-2945.
Civil Liability for Drunk Driving Bicycle Crashes
The criminal case and the civil case are separate proceedings. Even if the driver is convicted of DUI, the cyclist must bring a separate civil lawsuit to recover compensation. However, the DUI arrest, breathalyzer results, blood test results, and criminal conviction are all admissible as evidence of negligence in the civil case — making liability straightforward to establish.
A DUI violation constitutes negligence per se in both Georgia and South Carolina, meaning the driver is legally presumed to have been negligent. The remaining questions are causation (did the impairment cause the crash?) and damages (what are the cyclist’s injuries worth?).
Dram Shop and Social Host Liability
In addition to suing the drunk driver, our attorneys investigate whether a bar, restaurant, or social host contributed to the driver’s intoxication:
- Georgia: O.C.G.A. § 51-1-40 (Georgia Dram Shop Act) limits alcohol provider liability but allows claims when alcohol is sold to minors or to noticeably intoxicated persons in violation of law.
- South Carolina: South Carolina law allows dram shop claims when an establishment serves alcohol to a visibly intoxicated person or a minor who then causes injury.
If a bar overserved the driver who hit you, both the driver and the bar may be liable for your injuries.
South Carolina changed these rules for claims arising after 1 January 2026. The 2025 Act narrowed the alcohol exception in S.C. Code § 15-38-15 and created § 61-2-147, under which an establishment can be jointly and severally liable for fifty percent of a plaintiff’s actual damages where a verdict is returned against both it and a driver charged with DUI — what South Carolina’s 2026 liquor liability law changed.
Punitive Damages in Drunk Driving Cases
Drunk driving cases are strong candidates for punitive damages because driving while intoxicated is a conscious, voluntary choice that demonstrates willful disregard for the safety of others. Georgia allows punitive damages under O.C.G.A. § 51-12-5.1 for willful misconduct, and South Carolina permits punitive damages for reckless, willful, or wanton conduct.
Compensation for Cyclists Hit by Drunk Drivers
Injured cyclists may recover medical expenses, lost wages, pain and suffering, permanent disability, bicycle replacement, emotional distress, and punitive damages. When a drunk driver kills a cyclist, wrongful death claims allow the family to recover the full value of the life lost. These cases often result in significant verdicts and settlements due to the egregious nature of the driver’s conduct.
