Drunk Driving Accidents

WHO CAN BE FOUND LIABLE FOR A DRUNK DRIVING ACCIDENT IN SOUTH CAROLINA?

A driver becomes liable for any harm they cause due to negligence. Driving while under the influence of drugs or alcohol is considered negligence, as the consumption of these substances will impair the driver’s ability to safely operate their vehicle. Consequently, if you are injured in a car accident caused by a drunk driver, you likely have a strong case against them. 

The drunk driver may not necessarily be the only liable party in your case, however. South Carolina enforces dram shop laws, which allow you to take legal action against any establishment that overserved the driver (or served any amount of alcohol to someone under the age of 21). This means that a bar, restaurant, club, liquor store, grocery store, or convenience store could potentially be liable for damages. 

Determining whether a party other than the intoxicated driver is liable for your injuries requires careful investigation that can be carried out by our South Carolina drunk driving accident attorneys. We will work to find out where and how the driver became intoxicated before the crash, which may reveal one or more other liable parties. 

DOES IT MATTER WHETHER THE DRUNK DRIVER IS CRIMINALLY CONVICTED OF DUI?

Driving while intoxicated is a criminal offense in South Carolina. The drunk driver will likely be arrested at the scene and formally charged. However, keep in mind that the criminal and civil legal processes are completely separate. The outcome of a criminal case does not determine or influence a civil lawsuit.

With that said, it tends to become easier to prevail in a personal injury claim if a drunk driver is found guilty of DUI, as their conviction can be used as evidence in your civil lawsuit. You can still win a civil lawsuit even if the drunk driver is found not guilty thanks to the different standards of proof. In a criminal trial, the prosecution needs to prove the driver was drunk beyond a reasonable doubt to obtain a conviction. In a civil case, you only need to demonstrate the driver was more likely drunk than not due to a preponderance of evidence. 

The bottom line: You need to pursue a civil lawsuit if you want to get full compensation for your losses, and you should not assume you will not be able to recover damages if the drunk driver is not criminally convicted. Our team at Bell Legal Group can walk you through your legal options.

WHAT DAMAGES CAN I RECOVER IN A DRUNK DRIVING ACCIDENT LAWSUIT?

To recover any compensation for a drunk driving accident, you must start the legal process before the statute of limitations expires. In South Carolina, you typically get three years from the date of the accident to file your lawsuit (or two years if the defendant is a government entity). If you miss this deadline, you will most likely be unable to recover anything, so it is prudent to get legal advice as soon as you can. Note that if a loved one suffered fatal injuries in a drunk driving accident, the executor of the victim’s estate will have three years from the date of the decedent’s passing (not the date of the accident) to bring a wrongful death lawsuit.

Our South Carolina drunk driving accident lawyers will fight to get you maximum compensation for all economic and non-economic damages, including:

• Past, current, and future medical expenses
• Lost income
• Lost earning potential
• Property damage
• Loss of consortium
• Loss of enjoyment of life
• Pain and suffering

WHAT IF THE DRUNK DRIVER FLEES THE SCENE?

While it is against South Carolina law to flee the scene of any type of motor vehicle accident, a drunk driver may be looking to protect themselves and avoid a DUI arrest. They may drive away before you have a chance to exchange contact and insurance information. 

If this happens to you, stay calm. If possible, try to get a picture of the fleeing vehicle before it is out of sight. Otherwise, get to a safe place and try to remember everything you can about the vehicle and its driver. Call 9-1-1, explain you were involved in a hit-and-run accident, and wait for law enforcement to arrive. They will take your statement and begin an investigation. 

Law enforcement may be able to track down the drunk driver, at which point you will be able to pursue legal action against them. If the offending driver cannot be located, however, you can still seek compensation through your uninsured motorist insurance policy. 

Injured by a drunk driver? Start exploring your legal options today by calling (843) 396-1777 or contacting us online.