A drunk driver just hit you. You’re dealing with shock, injuries, and anger that someone made such a reckless choice. Medical bills are piling up, you’re missing work, and you’re left wondering how to hold the drunk driver accountable. You shouldn’t have to face this alone.
At Dan Pruitt Injury Law Firm, we’ve been successfully representing victims of drunk driving accidents for 30 years. Since 1993, we’ve fought for the rights of injured people throughout Greenville and South Carolina. We understand the profound impact these crashes have on victims and their families. If a drunk driver hit you, here’s what you need to know and how we can help.
Call (864) 280-7660 now for a free consultation. We’re available 24/7, and you don’t pay us unless we win your case.
Immediate steps to take after a drunk driving accident
The moments after being hit by a drunk driver are critical. Your actions in the hours following the crash can significantly impact your ability to recover compensation later.
Stay at the scene and call 911 immediately
Never leave the accident scene, even if the drunk driver tries to. Call 911 right away. Tell the dispatcher you believe the other driver is intoxicated. Officers need to arrive quickly to conduct field sobriety tests and potentially arrest the driver before they flee or sober up.
Once law enforcement arrives, make sure they document everything. Tell them if you saw the driver swerving, smelled alcohol, or noticed slurred speech. Request a copy of the police report, as it will be crucial evidence for your civil case.
Document everything at the scene
If you’re physically able, take photos of:
- Both vehicles and all damage
- The position of vehicles on the road
- Skid marks, debris, and road conditions
- The other driver (if they appear visibly intoxicated)
- Any open containers, beer bottles, or evidence of alcohol in their vehicle
- Your injuries (even if they seem minor)
Get contact information from witnesses. People who saw the drunk driver’s behavior before the crash can provide powerful testimony later.
Seek immediate medical attention
Go to the emergency room or urgent care the same day, even if you feel fine. Injuries like whiplash, internal bleeding, or traumatic brain injuries often don’t show symptoms immediately. Delaying treatment gives insurance companies ammunition to deny your claim. They’ll argue that if you were really injured, you would have sought treatment right away.
Be sure to tell medical providers you were hit by a drunk driver. All your injuries need to be documented in your medical records. Every bill, receipt, and record related to your treatment should be kept for your claim.
Need help after being hit by a drunk driver? Call (864) 280-7660 for a free consultation. We handle all the legal work while you focus on healing.
Understanding South Carolina’s drunk driving laws
Under South Carolina law (S.C. Code Ann. § 56-5-2930), it’s unlawful to drive while under the influence of alcohol to the extent that a person’s faculties to drive are materially and appreciably impaired. Driving with a blood alcohol concentration (BAC) of 0.08% or higher is also illegal under S.C. Code Ann. § 56-5-2933.
Criminal vs. civil cases
The drunk driver will face criminal charges from the state, but that’s separate from your civil case. Criminal prosecution punishes the driver. Your civil case is about getting you compensation for your injuries, lost wages, and suffering.
Here’s what’s important: Even if the drunk driver is acquitted in criminal court, you can still win your civil case. Criminal cases require proof “beyond a reasonable doubt” (a very high standard). Civil cases only require a “preponderance of the evidence,” meaning you only need to show it’s more likely than not that the driver was impaired and caused the accident.
Enhanced liability for drunk driving accidents
Drunk drivers go beyond mere carelessness. They made a deliberate choice to endanger others. South Carolina recognizes this through felony DUI charges when drunk driving causes serious bodily injury or death (S.C. Code Ann. § 56-5-2945). If a drunk driver causes great bodily injury, they face mandatory fines of $5,100 to $10,100 and 30 days to 15 years in prison. Death cases carry penalties of $10,100 to $25,100 and 1 to 25 years in prison.
This matters for your civil case. The criminal penalties reflect how seriously South Carolina treats drunk driving. Juries understand that drunk drivers deserve to be held fully accountable, which can lead to substantial compensation for victims.
What compensation can you recover?
When a drunk driver hits you, you’re entitled to full compensation for all your losses. Your claim extends far beyond vehicle damage to encompass medical bills, lost income, pain, and how this crash has disrupted your life.
Economic damages
These are damages with specific dollar amounts:
- All medical expenses (emergency room, hospital stays, surgery, rehabilitation, physical therapy, medications, future medical care)
- Lost wages from time missed at work
- Loss of earning capacity if injuries prevent you from returning to your previous job
- Property damage (vehicle repair or replacement, damaged personal belongings)
- Out-of-pocket expenses related to the accident
Non-economic damages
These damages don’t have specific price tags but are just as real:
- Physical pain and suffering
- Emotional distress, anxiety, and PTSD
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on your relationship with your spouse)
Punitive damages in drunk driving cases
South Carolina allows punitive damages in cases involving willful, wanton, or reckless conduct. Drunk driving often qualifies. Instead of compensating you, punitive damages punish the drunk driver and deter others from making the same reckless choice.
We’ve seen juries award substantial punitive damages in drunk driving cases because they understand the driver made a conscious choice to get behind the wheel impaired. These damages can significantly increase your total recovery.
Why drunk driving accident cases are different
Drunk driving cases aren’t like typical car accident claims. The emotional weight is heavier, the evidence requirements are more complex, and the potential for higher compensation is greater.
Multiple defendants may be liable
The drunk driver isn’t always the only party you can hold accountable. Under South Carolina’s dram shop law, bars and restaurants can be liable if they:
- Served alcohol to someone under 21 who then caused a crash
- Continued serving a visibly intoxicated patron who then drove and caused an accident
Social hosts who serve alcohol to minors at parties can also be held liable if that minor causes a drunk driving accident. These claims are complex, but we know how to investigate and build cases against all responsible parties.
Insurance companies fight harder
Insurance companies hate drunk driving cases because they know juries sympathize with victims and punish drunk drivers severely. They’ll do everything possible to minimize your claim:
- Argue you were partially at fault
- Claim your injuries aren’t as serious as you say
- Push for quick, lowball settlements before you understand the full extent of your injuries
- Delay the process, hoping you’ll get desperate and settle for less
This is why you need an attorney who knows their tactics. At Dan Pruitt Injury Law Firm, we’ve been fighting insurance companies for 30 years. Their tactics are familiar to us, and we’ve developed proven strategies to defeat their tactics.
South Carolina’s modified comparative negligence rule
South Carolina follows modified comparative negligence with a 50% bar rule. This means you can recover compensation even if you were partially at fault for the accident, as long as you’re not more than 50% responsible.
If you’re found to be 20% at fault, for example, your compensation is reduced by 20%. But if you’re 51% or more at fault, you can’t recover anything.
Insurance companies will try to shift the blame onto you. They scrutinize your actions before the crash, claim you were speeding or distracted, or argue you could have avoided the drunk driver. Our firm aggressively defends against these tactics. Through thorough investigation, evidence gathering, and strategic case building, we minimize any claims of fault against you.
The statute of limitations: time is critical
Under South Carolina law (S.C. Code Ann. § 15-3-530), you generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline means you lose your right to pursue compensation, regardless of how strong your case may be.
Three years might sound like a long time, but it passes quickly, especially when you’re dealing with injuries and recovery. Evidence disappears, witnesses forget details, and surveillance footage gets erased. The sooner you call us, the sooner we can preserve critical evidence and protect your rights.
Important exceptions:
- If you’re under 18 at the time of the accident, the clock doesn’t start until you turn 18, then you have one year to file
- If the crash involved a government entity (like a city bus), you may have only two years to file and must follow special notice requirements
- For wrongful death claims, the three-year clock starts on the date of death, which may be after the accident date
Don’t wait. Call us today at (864) 280-7660 to protect your right to compensation.
How Dan Pruitt Injury Law Firm can help
We’ve been fighting for drunk driving accident victims throughout South Carolina for 30 years. Here’s what sets us apart:
Attorney Dan Pruitt personally works on your case
When you hire us, you’re not passed off to junior attorneys or paralegals. Attorney Dan Pruitt personally handles your case. With over three decades of experience, he knows how to investigate drunk driving accidents, build compelling cases, and negotiate effectively with insurance companies.
We investigate thoroughly
Drunk driving cases require extensive investigation. We:
- Obtain police reports, crash scene photos, and witness statements
- Request toxicology reports and BAC test results
- Subpoena bar tabs and credit card records if a dram shop claim exists
- Hire accident reconstruction experts when needed
- Review surveillance footage from bars, gas stations, or traffic cameras
- Interview everyone who saw the drunk driver before the crash
We handle everything while you heal
Injury recovery is overwhelming enough without adding legal stress. Medical appointments, mounting bills, insurance calls—the exhaustion compounds quickly. Our firm takes the legal burden off your shoulders. Insurance companies hear from us, not you. All paperwork gets handled by our team. Updates come regularly, so you stay informed. Your energy goes toward recovering, while we focus on building your case.
We fight for maximum compensation
Insurance companies make lowball offers, hoping you’ll settle quickly. We don’t accept offers that don’t reflect the true value of your claim. We’ve recovered millions for injured clients over the past 30 years because we know what cases are worth, and we’re not afraid to fight for them.
No fee unless we win
You can hire Dan Pruitt Injury Law Firm today with no money up front. We work on a contingency fee basis, which means we don’t get compensated unless and until you recover. There’s no risk to you.
Frequently asked questions about drunk driving accidents
What if the drunk driver doesn’t have insurance?
South Carolina requires drivers to carry uninsured motorist coverage. If the drunk driver is uninsured or underinsured, your own policy should cover your losses. We help you navigate these claims and maximize your recovery from all available sources.
Can I sue the bar that served the drunk driver?
Yes, under South Carolina’s dram shop law. If a bar or restaurant served alcohol to someone under 21 or continued serving a visibly intoxicated patron, they can be held liable for injuries that the patron causes. These claims require careful investigation and strong evidence, but we know how to build them.
How long will my case take?
Every case is different. Simple cases with clear liability and cooperative insurance companies might settle within months. Complex cases involving serious injuries, multiple defendants, or disputed liability can take a year or more. We never rush you into accepting less than you deserve just to close the case quickly.
What if I was partially at fault?
South Carolina’s modified comparative negligence rule allows you to recover compensation even if you share some blame, as long as you’re not more than 50% at fault. Your compensation is reduced by your percentage of fault. We work to minimize any claims that you contributed to the accident.
Will the criminal case against the driver affect my civil case?
The criminal case and civil case are separate. A criminal conviction helps your civil case because it establishes that the driver was impaired. However, even if the driver is acquitted criminally, you can still win your civil case. Criminal cases require proof beyond a reasonable doubt; civil cases only require a preponderance of evidence.
How much is my case worth?
It depends on many factors: the severity of your injuries, how much work you missed, whether you have permanent disabilities, the drunk driver’s BAC level, whether punitive damages apply, and more. During your free consultation, we’ll review your situation and give you an honest assessment of what your case may be worth.
Take action today
Being hit by a drunk driver changes everything. You’re dealing with pain, medical bills, lost wages, and anger that someone’s reckless decision hurt you. You deserve justice and full compensation for what you’ve been through.
Dan Pruitt Injury Law Firm has been successfully representing drunk driving accident victims for 30 years. We understand what you’re facing, and we know how to fight for the compensation you deserve. Attorney Dan Pruitt will personally handle your case with the compassion and dedication you need during this difficult time.
Don’t wait. South Carolina’s three-year statute of limitations means time is critical. Evidence disappears, witnesses move away, and memories fade. The sooner you call us, the stronger your case will be.
Call (864) 280-7660 now for a free consultation. We’re available 24/7. You don’t pay us a dime unless we recover compensation for you. Serving Greenville, Spartanburg, Anderson, and throughout South Carolina.
You didn’t ask to be hit by a drunk driver. But you can hold that driver accountable. Let us fight for you.