If you’ve been hit by a drunk driver in Greenville, you’re probably dealing with injuries, medical bills, and anger at someone who made an incredibly reckless choice. You may assume the drunk driver is automatically responsible for your damages. The reality is more complicated than you might expect.
Dan Pruitt Injury Law Firm has been representing injury victims in South Carolina for 30 years. Since 1993, we’ve handled many cases involving impaired drivers. While drunk driving is illegal and extremely dangerous, proving fault in your accident claim requires more than showing the other driver was intoxicated. Here’s what you need to know about drunk driving accident fault and how to protect your right to compensation.
Call (864) 721-6885 today for a free consultation. You won’t pay us anything unless we recover compensation for you.
Why drunk drivers aren’t automatically liable
Under South Carolina law (S.C. Code § 56-5-2930), it’s illegal to operate a vehicle while impaired by alcohol to the extent that your faculties are materially and appreciably impaired. A blood alcohol concentration of 0.08% or higher creates an inference of impairment. However, a DUI charge is a criminal matter. Your personal injury claim is a separate civil matter that requires proving negligence.
To recover compensation, you must show that the drunk driver’s impairment actually caused your accident. This means demonstrating that the driver did something negligent (like running a red light, swerving into your lane, or speeding) that directly led to the crash. If a drunk driver was stopped at a red light and you rear-ended them, their intoxication likely didn’t cause that collision.
In most drunk driving accidents, the connection between impairment and the crash is clear. Alcohol affects reaction time, judgment, and coordination. Drunk drivers are far more likely to speed, ignore traffic signals, and make dangerous maneuvers. But the law still requires you to prove that connection.
How South Carolina’s fault rules affect your claim
South Carolina follows modified comparative negligence under S.C. Code § 15-38-15. This means you can recover compensation as long as you’re less than 51% responsible for the accident. If you share some fault, your compensation is reduced by your percentage of responsibility.
Insurance companies know this rule well. Even in drunk driving cases, they may try to shift blame onto you. They might claim you were speeding, distracted, or could have avoided the crash. With 30 years of experience handling these cases, we know how to counter these tactics and build evidence showing the drunk driver’s liability.
For example, if the drunk driver ran a stop sign and hit you, but the insurance company argues you were going slightly over the speed limit, they might claim you share 20% of the fault. If your damages total $100,000, that argument could reduce your recovery to $80,000. We fight these tactics aggressively because every percentage point matters to your financial recovery.
Dealing with an insurance company after a drunk driving accident? Call (864) 721-6885 before accepting any settlement offer. We’ll review your case for free.
The bar or restaurant may also be liable
Many people don’t realize they may have a claim against the establishment that served the drunk driver. South Carolina recognizes dram shop liability, which holds bars, restaurants, and other alcohol vendors responsible when they over-serve a patron who then causes harm.
Under S.C. Code Ann. § 61-4-580, it’s illegal to knowingly serve alcohol to someone who is visibly intoxicated or under 21. If an establishment violated this law and served the driver who hit you, they can be held liable for your damages. South Carolina requires these businesses to carry at least $1 million in liquor liability insurance, which provides an additional source of compensation for your injuries.
This matters especially when the drunk driver has minimal insurance coverage. South Carolina only requires drivers to carry $25,000 in liability coverage. If your injuries are serious, that amount won’t come close to covering your losses. A dram shop claim can help you recover full compensation.
Punitive damages in drunk driving cases
Drunk driving cases are often candidates for punitive damages. These are damages beyond your actual losses, intended to punish especially reckless behavior and deter others from similar conduct.
South Carolina courts may award punitive damages when the defendant’s actions show willful disregard for the safety of others. Choosing to drive while impaired often meets this standard. This additional compensation can significantly increase the total value of your claim.
Evidence that strengthens your drunk driving accident case
Building a strong case requires gathering the right evidence quickly. The most important pieces include:
The police report is critical, especially if it documents the driver’s BAC results, failed field sobriety tests, or arrest for DUI. Witness statements describing erratic driving before the crash can help establish that impairment caused the accident. Surveillance footage from nearby businesses may show the driver’s behavior. If you suspect the driver was drinking at a bar before the crash, receipts, credit card records, and witness testimony from the establishment become important for a potential dram shop claim.
Your medical records also matter. See a doctor immediately after the accident, even if you feel okay. Some injuries don’t show symptoms right away, and insurance companies will use any delay in treatment against you.
Frequently asked questions about drunk driving accident fault
Can I sue a drunk driver even if they weren’t convicted of DUI?
Yes. Criminal charges and civil claims are separate proceedings with different standards of proof. You can pursue compensation regardless of whether criminal charges are filed or result in conviction.
What compensation can I recover from a drunk driving accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage. In cases involving especially reckless behavior, punitive damages may also be available.
How long do I have to file a claim in South Carolina?
South Carolina’s statute of limitations for personal injury claims is three years from the date of the accident (S.C. Code Ann. § 15-3-530). However, evidence disappears and memories fade over time. Contact an attorney as soon as possible to protect your case.
What if the drunk driver doesn’t have insurance?
You may have options through your own uninsured or underinsured motorist coverage. If the driver was over-served at a bar, a dram shop claim against the establishment may also provide compensation. We can review your situation and identify all available sources of recovery.
Get experienced legal help for your drunk driving accident case
Drunk driving accidents often result in serious injuries, and you deserve full compensation for what you’ve been through. For 30 years, Dan Pruitt Injury Law Firm has fought for injury victims throughout South Carolina. Attorney Dan Pruitt personally works on every case, and we don’t get paid unless you do.
Call (864) 721-6885 now for your free consultation. We’re available 24/7, and there’s no obligation. Let us handle the legal fight while you focus on healing.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.