When someone chooses to get behind the wheel while intoxicated, they put everyone on the road at risk. If you were injured by a drunk driver, you have legal rights. South Carolina law allows victims of drunk driving crashes to seek compensation for their injuries.
Although you may be entitled to compensation for your injuries and losses, the process can be complicated, especially when you’re trying to heal. The drunk driver’s insurance company might contact you very quickly, but usually they’re not looking out for your best interests. You deserve someone in your corner who knows the law and knows how to fight for you.
At David R. Price, Jr., P.A., our Greenville car accident lawyers understand what you’re going through. We’ve helped many clients in Greenville who were hit by a drunk driver, and we know how to guide you through the legal process. We’re here to fight for the justice and compensation you deserve.
What to Do After Being Hit by a Drunk Driver
Immediately after the crash, your safety and well-being should be your top priority. Here’s what to do:
- Call 911 Immediately: Report the accident and let them know you suspect the other driver is under the influence.
- Seek Medical Attention: Even if you feel okay, some injuries take time to show up. A medical report also helps document your injuries.
- Gather Evidence: If it’s safe, take photos of the vehicles, license plates, road conditions, and any visible injuries.
- Get the Driver’s Contact Info: Collect names, phone numbers, and insurance information from all parties involved, as well as contact details for any witnesses.
- Do Not Confront the Drunk Driver: The other driver may be impaired, agitated, or even dangerous. Let law enforcement handle it.
- Speak to a Lawyer Before Speaking to Insurance Companies: Insurance companies may try to settle quickly and for less than you deserve.
Understand the Criminal vs. Civil Components of a DUI Accident
In South Carolina, a DUI is a serious offense that carries criminal penalties like jail time, fines, license suspension, and even felony charges in certain cases. Law enforcement will likely arrest the impaired driver at the scene or shortly afterward, and the criminal justice system will handle the prosecution.
The criminal side of a DUI accident is handled by the state. When a driver is caught operating a vehicle under the influence of alcohol or drugs, they may face criminal charges such as DUI, reckless driving, or even vehicular homicide, depending on the severity of the accident. These charges are meant to punish the driver and deter future drunk driving. If convicted, the drunk driver could face fines, jail time, license suspension, and other penalties.
A civil claim allows you to pursue financial compensation directly from the at-fault driver and their insurance company. A civil case is separate from the criminal case, and it focuses entirely on making you whole. It’s about helping injured persons recover physically, emotionally, and financially from the harm that was done by the drunk driver.
Even if the drunk driver is found not guilty in criminal court, you can still succeed in a civil case.
The burden of proof is lower in civil court, and the focus is on establishing responsibility, rather than guilt. That means you still have a chance to hold the drunk driver accountable and get the support you need to move forward.
Filing a Personal Injury Claim if You Were Injured by a Drunk Driver
Being injured by a drunk driver can leave you feeling shaken, frustrated, and uncertain about what comes next. You might be juggling medical bills, missed work, and the emotional toll of an unexpected trauma. Fortunately, the law offers a path to help you rebuild through a personal injury claim. Here’s how it works:
1. Document Your Injuries and Expenses
From the moment you seek medical attention, keep careful records. Keep every bill, prescription receipt, and appointment note. Even seemingly small costs add up and you deserve reimbursement for all of the expenses that the drunk driver costs you.
2. Gather Evidence of the DUI Accident
A strong claim depends on clear proof. The police report will note the other driver’s blood alcohol content (BAC) and any citations for DUI. Photographs of the crash scene, your injuries, and damaged property are extremely helpful. If there are witnesses, obtain their contact information and a statement about what they saw.
3. Calculate the Full Scope of Your Losses
Beyond your out-of-pocket expenses, you deserve compensation for intangible damages, such as pain and suffering, lost quality of life, and emotional distress. We’ll work with medical experts, economists, and counselors to put dollar figures on these deeply personal impacts.
4. File Within South Carolina’s Time Limits
South Carolina gives you three years to file a personal injury lawsuit, but certain circumstances can shorten that period. Acting promptly not only preserves your rights but also ensures evidence doesn’t disappear.
5. Negotiate or Litigate for Fair Compensation
Although most cases settle out of court, insurance companies often attempt to minimize payouts. Your attorney will demand what you truly need to heal and won’t hesitate to take the fight to court if the offer falls short.
How a Greenville Car Accident Lawyer Can Help
When you work with David R. Price, Jr., P.A., you’re getting an advocate who knows how to deal with drunk driving accident cases and truly cares about what you’re going through.
Here’s how we help:
- We investigate the accident. Drunk driving cases often involve complex details, such as blood alcohol tests, field sobriety results, dashcam footage, and witness statements. We know what to look for and how to use it to build a strong case for you.
- We deal with the insurance companies. You shouldn’t have to argue with adjusters who are trained to minimize payouts. We handle those conversations so you can focus on recovery.
- We ensure the drunk driver is held accountable. Our job is to ensure that justice is served. That includes fighting for full compensation, and, when appropriate, pushing for punitive damages to send a clear message about the dangers of drunk driving.
- We’re ready to go to court if needed. While many cases settle, we’re not afraid to take your case to trial if that’s what it takes to get you what you deserve.
Contact a Greenville Car Accident Lawyer
A DUI accident doesn’t just hurt in the moment; it can cause lasting physical, emotional, and financial harm. That’s why it’s so important to work with a car accident lawyer who understands these types of cases and knows how to fight for the full compensation you deserve.
Contact David R. Price, Jr., P.A. at 864-271-2636 for a free consultation. Let us help you hold the drunk driver accountable and get you on the road to recovery.