Drunk Driver vs. Motorcycle Accident Lawyers in Georgia & South Carolina
When an impaired driver strikes a motorcyclist, the results are almost always catastrophic. Motorcyclists have no surrounding vehicle structure, seatbelts, or airbags to protect them — making them extremely vulnerable to the reckless behavior of drunk drivers. The NHTSA reports that approximately 27% of motorcyclists killed in crashes had a BAC above 0.08%, but many more motorcycle fatalities are caused by other impaired drivers who strike riders.
At Roden Law, our motorcycle accident lawyers aggressively pursue drunk driver cases because they represent some of the most preventable and egregious crashes on the road. We seek maximum compensation — including punitive damages — to hold impaired drivers fully accountable for the devastation they cause.
DUI Laws in Georgia and South Carolina
Both states set the legal blood alcohol concentration (BAC) limit at 0.08% for drivers 21 and older:
- Georgia DUI law: O.C.G.A. § 40-6-391 prohibits driving with a BAC of 0.08% or higher, or while under the influence of any substance that impairs driving ability. Serious injury by vehicle while DUI is a felony carrying 1-15 years in prison.
- South Carolina DUI law: 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 in prison.
Why Drunk Drivers Are Especially Dangerous to Motorcyclists
Alcohol impairment affects every skill needed to safely share the road with motorcycles:
- Impaired visual scanning: Drunk drivers are less likely to scan for smaller vehicles like motorcycles at intersections and lane changes
- Delayed reaction time: Even moderate impairment significantly increases reaction time, making it impossible to avoid a motorcycle that the driver notices late
- Lane drift: Impaired drivers frequently weave and drift across lane markings, putting motorcyclists in adjacent lanes at risk
- Speed misjudgment: Alcohol impairs the ability to judge the speed and distance of oncoming motorcycles, especially at intersections
- Aggressive driving: Some impaired drivers exhibit aggressive behavior including tailgating, speeding, and improper passing
Punitive Damages in Drunk Driving Motorcycle Crashes
Drunk driving motorcycle crashes often support claims for punitive damages — additional damages designed to punish the wrongdoer and deter similar conduct:
- Georgia: O.C.G.A. § 51-12-5.1 allows punitive damages for willful misconduct, fraud, or wanton disregard for the rights and safety of others. Driving drunk is strong evidence of conscious indifference. Georgia caps punitive damages at $250,000 in most cases, with exceptions.
- South Carolina: Punitive damages are available for reckless, willful, or grossly negligent conduct. A DUI conviction provides compelling evidence supporting punitive damages.
In addition to punitive damages, our attorneys also investigate potential dram shop liability claims against bars, restaurants, and other establishments that illegally served alcohol to the visibly intoxicated driver. 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 establishments that served a visibly intoxicated person who then caused injury.