The short answer: If a drunk driver hits you in South Carolina, there are usually two separate legal matters: the state’s criminal case against the driver and your own civil injury claim for compensation. In the civil claim, you can seek medical bills, lost wages, pain and suffering, and often punitive damages. Most injury claims must be filed within three years however, there are exceptions, so you should speak with a lawyer as soon as possible.
A crash caused by a drunk driver is nothing like an ordinary wreck. Beyond the pain, the medical bills, and the missed work sits the anger of knowing none of it should have happened. Perhaps you’re waiting to learn whether the driver will face charges, questioning whether that affects your ability to be paid, and unsure what to do next. With 55 years of combined experience, our Lexington car accident attorneys at Smith & Jones Law help injured individuals across South Carolina understand their rights and take the next step.
In this article, we will cover the following:
- What should you do after a drunk driver hits you in South Carolina?
- How does the criminal DUI case affect your injury claim?
- What compensation can you recover after a drunk driving crash?
- When do punitive damages apply in a South Carolina DUI case?
- Can a bar or restaurant be held responsible for a drunk driving crash?
- Frequently asked questions about drunk driving accidents in South Carolina.
What should you do after you’re hit by a drunk driver in South Carolina?
Your priorities are safety and medical care, and then protecting your claim. If you’re able, take these steps at the scene and afterward.
- Call 911 and tell the dispatcher you believe the other driver is impaired.
- Get medical attention right away. Even if you feel fine at the time, some injuries can surface hours or days later.
- Take photos of the vehicles, the scene, and your injuries, and collect names of any witnesses.
- Don’t confront the driver, and don’t give a recorded statement to the insurance company before talking to a lawyer.
The police investigation at the scene often becomes important evidence later, so let officers do their job and document what happened.
How does the criminal DUI case affect your injury claim?
They’re two separate cases with two different goals. The state brings a criminal case to punish the driver with penalties, such as fines, license suspension, or jail time. You bring this civil claim to recover money for your losses. You don’t have to wait for the criminal case to end to pursue compensation, and you can have a civil claim even if the driver is never charged or convicted.
That said, the two can interact. If the driver pleads guilty or is convicted of DUI, that outcome can be powerful evidence in your civil claim..
What compensation can you recover after a drunk driving crash?
You can generally recover both economic and non-economic damages. Economic damages cover measurable costs, such as medical treatment, future care, lost wages, reduced earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, and the impact the crash has had on your daily life.
Keep in mind how fault affects the math. South Carolina operates under a modified comparative negligence rule, which means if you’re not more than 50% at fault in a car accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. Insurance companies often try to shift part of the blame onto you to shrink what they pay, which is one big reason to have a lawyer in your corner.
When do punitive damages apply in a South Carolina DUI case?
Punitive damages are extra money meant to punish especially dangerous conduct, and drunk driving is a classic example. Under South Carolina law, punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that the plaintiff’s harm resulted from the defendant’s willful, wanton, or reckless conduct.
There’s normally a limit on these awards. Under S.C. Code Ann. § 15-32-530, an award of punitive damages is capped. Drunk driving cases, though, can break through the cap. When the trial court determines the defendant has pleaded guilty to or been convicted of a felony arising out of the same conduct, or acted while under the influence of alcohol or drugs to the degree that the defendant’s judgment was substantially impaired, there is no cap on punitive damages.
Can a bar or restaurant be held responsible for a drunk driving crash?
Sometimes, yes. Beyond the driver, a business that overserved them may share responsibility under what’s known as dram shop liability. A person or establishment licensed to sell alcoholic liquors or liquor by the drink may not knowingly sell these beverages to persons in an intoxicated condition. The South Carolina Supreme Court has ruled that these statutes give rise to civil liability if the plaintiff can establish negligence per se and prove that the violation of the statute was causally linked to the injury. These claims are complex and fact-specific, so it helps to have someone investigate quickly, before evidence, such as receipts and security video, disappears.
Frequently asked questions about drunk driving accidents in South Carolina
What is the filing deadline for a South Carolina injury claim?
Most personal injury claims must be filed within three years, however this is not true in all cases so you must speak with an attorney to accurately determine the time limitations for filing.. Waiting can cost you because evidence fades and the deadline under S.C. Code Ann. § 15-3-530 is strict. It’s best to speak to an attorney as soon as you can.
What if I were partly at fault?
You may still recover. South Carolina allows you to recover as long as you are not more than 50% at fault. However, your award will be reduced by your share of the blame.
How much does a drunk driving accident lawyer cost?
Your first consultation with Smith & Jones Law is free. You can ask questions, learn where you stand, and understand your options at no cost and with no obligation to hire us.
Do I still have a claim if the driver wasn’t charged?
Yes. Your civil claim is separate from the criminal case, so you can pursue compensation whether or not the driver is charged or convicted.
Talk to a South Carolina drunk driving accident lawyer
You didn’t cause this situation, and you shouldn’t have to sort out the aftermath alone. Our attorneys can deal with the insurance company, investigate everyone who may be responsible, and handle the legal side so you can focus on healing. Smith & Jones Law brings 55 years of combined experience to auto accident and workers’ compensation cases, with offices in Lexington and Mauldin serving clients throughout South Carolina.
Were you hurt by a drunk driver in South Carolina? Contact Smith & Jones Law today by calling 803-784-0730 to set up your free consultation.