What Is a Drunk Driver Pedestrian Accident Case?

Struck by a drunk driver while walking? Impaired drivers are a leading cause of pedestrian fatalities. Our attorneys pursue maximum compensation including punitive damages and dram shop claims.

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

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.

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What to Do After A drunk driver pedestrian 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 Pedestrian Accident Case

To win a personal injury case involving a drunk driver pedestrian 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 Pedestrian Accident Cases

Victims of a drunk driver pedestrian 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 Pedestrian 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 Pedestrian 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

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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 Pedestrian 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.