Alcohol causes several significant impairments that make it impossible to drive safely. In fact, driving under the influence of alcohol is illegal in every state. Unfortunately, that doesn’t deter many drinkers from driving, and they often cause accidents.
If a drunk driver injured you, you deserve compensation. Let an experienced drunk driving accident lawyer from Dan Pruitt Injury Law Firm help with your claim to increase the likelihood of a favorable outcome.
How Does South Carolina Define Drunk Driving?
In South Carolina, anyone with a blood alcohol content of 0.08% or more is considered drunk. A person with a BAC (blood alcohol content) of 0.05% to 0.08%, combined with other factors, might also be considered under the influence. Minors and individuals with an exceptionally high BAC may be subject to different rules.
Law enforcement officers can issue citations to drunk drivers, but you can also hold them accountable for your damages through a personal injury claim.
Who Is Liable in a South Carolina Drunk Driving Accident?
In most personal injury cases, you need evidence to prove negligence, which means failing to behave as a reasonable person would in the same situation. Most people realize that drunk driving is dangerous and wouldn’t do it.
To prove negligence, your drunk driving accident attorney must show that:
- Someone owes you a duty of care: Every driver has a duty of care to others on the road to drive safely to reduce the risk of causing an accident.
- That party breached their duty of care: That person chose to drive while under the influence, disregarding safety.
- The breach caused an accident.
- You sustained injuries and other damages in that accident: The accident caused by the breach is directly responsible for your injuries and related damages.
In many kinds of car accident claims, the driver bears responsibility. In drunk driving accidents, however, there may be more than one liable party. You might find it difficult to find solid evidence if you handle your claim alone, but a competent car accident lawyer in Greenville, SC, knows what kinds of evidence we need to support your claim and how to find it.
Can Other Parties Be Held Liable for a DUI Crash?
South Carolina’s dram shop laws state that you might be able to seek compensation from the people or establishment that served alcohol to the drunk driver. That doesn’t mean the drunk driver is innocent, though. They chose to drive while under the influence, which is a clear case of negligence.
Other parties, such as government agencies responsible for road maintenance and other drivers, might also contribute to causing a DUI (driving under the influence) accident. SC’s modified comparative negligence governs accidents with shared fault. Even if you are partially responsible, you can still seek compensation from other at-fault parties as long as your percentage of blame is 50% or less.
Your Greenville drunk driving accident lawyer will investigate your accident to determine who is responsible, even if there are multiple parties to blame.
South Carolina Drunk Driving Accident Rates — How Dangerous Is Drunk Driving?
South Carolina ranks toward the top of the worst states for drunk driving accidents. In a recent year, one person died in South Carolina every 21.9 hours in a car crash caused by a drunk driver. That same year, an estimated 5,625 people sustained non-fatal injuries in alcohol-related collisions throughout the state. Most of these injuries and fatalities wouldn’t have happened if the drunk driver had just refrained from operating a motor vehicle.
Alcohol can cause impairments, such as poor judgment, delayed reactions, trouble concentrating, blurred vision, a lack of motor skill coordination and feelings of recklessness or invincibility. Drunk drivers often drift between lanes, slow down or speed up unexpectedly, drive too fast for conditions or over posted speed limits and follow too closely.
Any of these impairments are dangerous alone, but when combined, they can be deadly. Drivers with a BAC of 0.08% are seven times more likely than sober drivers to have an accident, with a 0.15% BAC increasing that risk to 25 more likely.
How Will a Drunk Driving Accident Lawyer Investigate Your Claim?
A thorough investigation should find concrete evidence to support your personal injury claim. We will use things like police reports, video surveillance recordings, accident scene photos, eyewitness statements and your medical records. We might also track the drunk driver’s actions in the hours leading up to your crash to find out if other parties are liable.
If you are able, try to record videos at the accident scene that demonstrate the driver’s impairments and drunkenness.
Any other photos you can provide are also extremely helpful because your drunk driving accident attorney can use them as evidence.
What Compensation Could You Be Entitled To Claim?
Case-specific factors determine how much compensation you can receive. When you contact the Dan Pruitt Injury Law Firm to request your free case review, we can provide an estimate of your payout amount.
Economic damages
Your accident likely caused various expenses. Economic damages reimburse you for qualifying costs of medical treatments, lost wages, replacement services and property damage. Be sure to keep all invoices and receipts associated with your accident.
Non-economic damages
Drunk driving accidents can directly impact your quality of life. You may obtain damages for things like pain and suffering, permanent disfigurement or disability, PTSD (post-traumatic stress disorder) and lost ability to enjoy life.
Punitive damages
Only rarely might you qualify to receive punitive damages, as these are intended to punish wrongdoers for particularly reprehensible actions. If you are eligible, your legal team can help.
Contact a South Carolina Drunk Driving Accident Lawyer Today
Since 1993, Dan Pruitt Injury Law Firm has helped those injured in drunk driving accidents obtain compensation for their injuries. We are intimately familiar with SC personal injury statutes and how they might affect your case.
Whether through negotiations or filing a civil lawsuit, your legal team will fight for your right to reasonable compensation for your damages.
Contact Dan Pruitt Injury Law Firm 24/7 for your free case evaluation. You can visit our offices, use virtual communication methods or have us come to you. You need a dedicated, competent drunk driving accident lawyer on your side, and we are here to help you.