What Is a Drunk Driver Accident Case?

Injured by a drunk driver in Georgia or South Carolina? Our attorneys pursue maximum compensation from impaired drivers and establishments that over-served them.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Fighting for Victims of Drunk Driving Accidents

Drunk driving remains one of the most preventable causes of catastrophic car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), approximately 37 people die every day in drunk-driving crashes across the country — one death every 39 minutes. Despite decades of enforcement and public awareness campaigns, alcohol-impaired driving continues to devastate families throughout Georgia and South Carolina.

At Roden Law, our drunk driving accident lawyers understand the unique legal complexities of these cases. Beyond a standard negligence claim against the impaired driver, victims may have additional legal avenues for recovery, including dram shop liability claims against bars, restaurants, or social hosts who illegally served alcohol to visibly intoxicated individuals.

Georgia & South Carolina Drunk Driving Laws

Both Georgia and South Carolina set the legal blood alcohol concentration (BAC) limit at 0.08% for drivers 21 and older, and 0.02% for drivers under 21. Commercial vehicle operators face a lower threshold of 0.04%.

Georgia’s dram shop law (O.C.G.A. § 51-1-40) allows injured parties to sue establishments that knowingly served alcohol to a noticeably intoxicated person or to a minor, when that service was the proximate cause of the injuries. South Carolina’s dram shop statute (S.C. Code § 61-4-580) similarly holds liquor licensees liable when they serve a visibly intoxicated person who then causes injury to a third party.

Data from the Centers for Disease Control and Prevention (CDC) shows that alcohol-impaired driving costs the United States more than $68.9 billion annually in economic damages, including medical expenses, lost productivity, and property damage.

Proving a Drunk Driving Accident Claim

A drunk driving accident claim requires establishing that the at-fault driver was impaired and that their impairment caused the accident and your injuries. Critical evidence includes:

  • Police reports documenting BAC test results and field sobriety test observations
  • Toxicology and blood test records from the hospital
  • Surveillance footage from bars, restaurants, or convenience stores
  • Witness testimony regarding the driver’s behavior and alcohol consumption
  • Criminal case records, including DUI arrest reports and plea agreements

A criminal DUI conviction is powerful evidence in a civil injury case, but it is not required. Even if criminal charges are reduced or dismissed, you can still pursue a civil claim for damages based on the lower “preponderance of the evidence” standard.

Damages in Drunk Driving Cases

Victims of drunk driving accidents may be entitled to compensatory damages for medical bills, lost wages, pain and suffering, and diminished quality of life. In both Georgia and South Carolina, courts may also award punitive damages in drunk driving cases to punish the defendant’s reckless disregard for public safety. Georgia caps punitive damages at $250,000 in most cases (O.C.G.A. § 51-12-5.1), with exceptions for cases involving specific intent to harm or impaired driving under the influence of drugs or alcohol. South Carolina does not impose a statutory cap on punitive damages but requires clear and convincing evidence of willful, wanton, or reckless conduct.

Why Choose Roden Law for Your Drunk Driving Case

Our attorneys have recovered millions for victims of impaired driving crashes across Georgia and South Carolina. We conduct thorough independent investigations, work with accident reconstruction experts, and pursue every available source of compensation — from the drunk driver’s auto insurance to dram shop liability claims against negligent alcohol vendors. There is no fee unless we win your case.

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What to Do After A drunk driver accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Drunk Driver Accident Case

To win a personal injury case involving a drunk driver accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Drunk Driver Accident Cases

Victims of a drunk driver accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Drunk Driver Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Drunk Driver Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Drunk Driver Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.