If you were recently involved in a car accident in South Carolina caused by a drunk driver, you are probably confused about your rights and next steps. An experienced South Carolina drunk driving accident lawyer can explain your options for seeking justice when you call for a free case review.
Types of Expenses that Need Covering
Drunk driving accidents often leave victims with severe injuries that have wide-ranging consequences. Many accident victims incur considerable expenses for the following types of medical care:
- Ambulance rides and other emergency response services
- Inpatient and outpatient visits to hospitals and urgent care clinics
- Follow-up visits with general practitioners or specialists
- Physical therapy sessions and mental health counseling
- Surgeries, diagnostic tests, and other specialized procedures
- Prescription drugs and over-the-counter (OTC) medications
- Durable medical equipment (DME), like wheelchairs and walkers
Additionally, accident victims can pursue compensation for the cost of repairing or replacing their vehicle, lost wages, and their pain and suffering. According to recent data, drunk driving crashes drain $58 billion from the U.S. economy annually, with one DUI potentially costing an offender as much as $30,000 in legal fees and penalties.
Short and Long-Term Injuries Caused by Drunk Driving Accidents
The initial damage of a drunk driving accident is often due to blunt force trauma or penetrating wounds. Additionally, many victims experience intense bending, twisting, and crushing forces that can cause additional injuries. Common short- and long-term injuries from alcohol-related car accidents include:
- Head and neck injuries
- Facial and dental injuries
- Traumatic brain injuries (TBIs)
- Back and shoulder injuries
- Spinal cord injuries (SCIs), including partial or total paralysis
- Abdominal and internal injuries
- Arm, elbow, wrist, and hand injuries
- Dislocated or broken bones
- Seatbelt and airbag injuries
- Permanent scarring and disfigurement
- Amputation
- Soft tissue strains, sprains, and tears
- Leg, knee, ankle, and foot injuries
- “Road rash” and other burn injuries
- Emotional and psychological injuries, including post-traumatic stress disorder (PTSD)
Research shows that drivers with a blood alcohol concentration (BAC) of 0.08, the legal limit, are four times more likely to cause an accident than sober drivers. At a BAC of 0.15, drivers are 12 times more likely to crash. Nearly 40% of victims in drunk-driving crashes are passengers or people in other vehicles, innocent parties who had nothing to do with the drunk driver’s decision.
Legal Options Following an Accident with a Drunk Driver
As you can expect with common injuries like those listed above, the medical expenses stemming from a drunk driving accident can be significant. You may have various legal options to try to cover these expenses depending on the circumstances and the insurance coverage available. Some of your options may include the following:
- Filing a claim with your own insurer – If you have MedPay and collision insurance, you might choose to file a claim with your own insurer for your medical expenses and vehicle repairs, respectively. If the drunk driver did not have insurance or enough insurance to cover your damages, you could make a claim with your uninsured (UI) or underinsured (UIM) coverage.
- Filing a claim with the drunk driver’s insurer – If a drunk driver was responsible for the crash that injured you, filing a claim with their insurance provider is probably the most straightforward way of recovering compensation for the injuries you have suffered. An experienced drunk driving accident lawyer can help negotiate a fair settlement on your behalf.
- Filing a lawsuit against the drunk driver – If you cannot resolve your claim through an out-of-court settlement, you could file a lawsuit against the drunk driver. If your damages exceed the amount of the drunk driver’s insurance coverage, you would have to try to recover compensation directly from the impaired driver. In South Carolina, if you can prove the drunk driver acted with recklessness or willful disregard for safety, you may also be entitled to punitive damages.
- Filing a claim against a third party – There are times when a third party may be held responsible for an accident caused by a drunk driver, such as if a bar or social host served alcohol to an impaired driver or minor.
Your personal injury lawyer can help you determine the options that are available in your case.
Evidence Needed to Prove Fault
South Carolina follows a fault-based system for auto insurance, which means you have the right to file an insurance claim against the driver responsible for causing the accident, including a drunk driver who crashes into you. However, before you can collect compensation for your claim, you must prove the drunk driver was at fault for the collision by presenting evidence such as:
- Photos of the accident scene and vehicle damage
- Video footage of the collision from nearby security or traffic cameras
- Statements from witnesses who saw the crash
- Official accident reports prepared by the police
- Breathalyzer tests and toxicology reports
- Testimony from experts like medical professionals and crash reconstruction experts
South Carolina’s Negligence Per Se Standard
South Carolina law provides an important advantage for drunk driving accident victims through the doctrine of negligence per se. When a driver causes an accident while under the influence of drugs or alcohol, they are automatically considered negligent. To prove negligence per se, you must show:
- The defendant violated a law (such as driving under the influence)
- The law was intended to prevent the type of injury that occurred
- You are among the people the law was intended to protect
This legal standard significantly simplifies the burden of proof for accident victims, as you don’t need to prove the driver failed to exercise reasonable care; the violation of the DUI law itself establishes negligence.
Statute of Limitations
South Carolina’s statute of limitations gives you three years from the date of the accident to file a personal injury claim against the drunk driver. A knowledgeable South Carolina drunk driving car accident lawyer can help you avoid any issues with the statute of limitations by timely filing your claim and aggressively pursuing compensation during negotiations.
Should I Contact Legal Help?
Yes. If you sustained injuries in a drunk driving accident, you should contact a South Carolina car accident lawyer for legal help as soon as possible. Much is at stake. You shouldn’t be left paying for your crash-related losses out of pocket.
You can count on Stewart Law Offices to thoroughly investigate your claim and identify all possible sources of compensation. Contact our law firm to discuss the details of your South Carolina car accident case in a free initial consultation session with a drunk driving accident lawyer.