In South Carolina, the laws surrounding alcohol consumption are strict, especially for minors.
South Carolina drinking laws have a zero-tolerance policy for underage drivers, meaning even a small amount of alcohol in their system can result in serious legal consequences.
But beyond the underage driver, there are often other parties who may be held responsible for the injuries caused by the accident, including parents, social hosts, and even businesses that serve alcohol.
When an accident involves underage drinking in South Carolina, liability can be complicated.
Did the minor’s parents know they were drinking? Did someone provide the alcohol? Did a business serve an underage customer?
These are the kinds of questions that must be answered before one can identify all of the persons who may have responsibility for injuries caused by an accident caused by an impaired underage driver. Understanding South Carolina’s underage drinking laws is critical to identifying who may be at fault.
Liability for Underage Drunk Driving Accidents
South Carolina has a strict “zero-tolerance” policy for drivers under the age of 21. This means that if an underage driver has a blood alcohol concentration (BAC) of 0.02% or higher, they are considered to be driving under the influence (DUI).
If an underage driver causes an accident while drunk, they can face serious criminal charges. These charges can include:
- DUI
- Reckless driving
- Causing injury or property damage
However, the driver isn’t always the only person who could be held responsible. In some cases, other parties—like parents, social hosts, or businesses that served alcohol—might also be liable.
Liability in these cases can be complex as there are often many factors to consider. Who provided the alcohol? Were they aware the driver was underage or already drunk? Should they have known the driver was underage or already drunk? These questions play a big role in determining who is responsible for the damages caused by the accident.
Establishments Serving Alcohol: Dram Shop Laws in South Carolina
In South Carolina, it is unlawful for businesses that serve alcohol—like bars, restaurants, and liquor stores—to sell alcohol to customers under the age of twenty-one. (SECTION 61-6-4070. Sales to intoxicated persons). Businesses that do can be liable for injuries caused by minors as a result of their intoxication. This is part of what’s known as South Carolina’s “dram shop” laws
These laws state that if an establishment serves alcohol to not of legal age, and that person goes on to cause an accident, then that business can be liable for the damages that result.
For example, if a bar serves alcohol to a minor under the age of twenty-one, and that person drives drunk and causes a crash, the bar could be sued for the injuries and damage caused by the accident.
Dram shop laws are meant to ensure that businesses act responsibly when serving alcohol, making sure they don’t contribute to dangerous situations like drunk driving.
Parental Liability for Underage Drinking and Accidents
Although in South Carolina the law is clear that serving alcohol to anyone under 21 is illegal, there is an exception for parents or guardians. Parents are allowed to let their underage children drink alcohol at home or on private property, but only if the alcohol is not being sold and the child does not drive afterward.
Even though parents can legally provide alcohol to their own children in these limited circumstances, they must be very careful. If an underage child drinks alcohol and then drives, there are consequences if they cause a collision.
If that child gets behind the wheel after drinking and causes a car accident, the parents or guardian who allowed them to consume the alcohol could be held legally responsible, just like any other social host. This means that the parents could face lawsuits for any injuries or damages caused by the accident.
Liability of Social Hosts in Underage Drinking Cases
Social hosts who serve alcohol to underage individuals can also be held liable for accidents that result from the underage person’s intoxication. South Carolina underage drinking laws strictly prohibit providing alcohol to minors, and social hosts may face civil liability if they serve alcohol to an underage guest who later causes an accident.
Even if you didn’t hand the alcohol directly to the underage person, you could still be at fault. If you knew that minors were drinking at your event and didn’t do anything to stop it, you might face legal consequences.
Seeking Compensation After an Underage Drunk Driving Accident
If you’ve been involved in an accident caused by an underage drunk driver, you may be entitled to various types of compensation to help you recover from the incident. Here are the key types of compensation typically available:
- Medical Expenses: This covers all costs related to past and future medical care, including hospital stays, surgeries, medications, and ongoing treatments like physical therapy.
- Lost Wages: If you had to miss work due to the accident, you can claim compensation for the wages you lost during that time. If the injuries impact your ability to work in the future, you might also be eligible for compensation for lost earning capacity.
- Property Damage: This includes compensation for any damage to your vehicle and other personal property damaged in the accident.
- Pain and Suffering: You may be compensated for the physical pain and emotional distress caused by the accident. This also includes compensation for any long-term disability or disfigurement.
- Loss of Enjoyment in Life: If your injuries prevent you from participating in activities you once enjoyed, like hobbies, sports, or spending time with family, you may receive compensation for this loss.
How a South Carolina Attorney Can Help in Underage Drunk Driving Accident Cases
If you’re involved in an accident caused by underage drinking in South Carolina, having an attorney can be crucial. An attorney can help in several ways:
1. Investigating the Accident
We will dig deep into the details of the accident to find out exactly what happened. We’ll look at police reports, witness statements, and any other evidence that can help us build a strong case.
2. Identifying All Liable Parties
Sometimes, it’s not just the underage driver who is responsible for an accident. Parents, social hosts, or businesses that served alcohol to minors could also be held liable. We will work to identify all the people or businesses that may be responsible for the accident.
3. Navigating South Carolina Drinking Laws
South Carolina has specific laws regarding underage drinking, zero-tolerance DUI rules, and dram shop laws. Our team understands these laws and how they apply to your case. We’ll use our knowledge to protect your rights and pursue the compensation you deserve.
4. Negotiating With Insurance Companies
Insurance companies often try to minimize what they pay out. We handle negotiations with these companies to ensure you receive fair compensation for your injuries and losses.
5. Providing Legal Representation in Court
If your case goes to court, you’ll need strong legal representation. Our attorneys are prepared to advocate for your best interests and present a strong can on your behalf.
Contact Drunk Driving South Carolina Attorneys Today
South Carolina’s stringent laws against underage drunk driving and the strict liabilities imposed on those who enable it mean that people injured by intoxicated minors may be entitled to significant compensation.
If you find yourself or a loved one injured due to such circumstances, there are legal consequences that need careful handling. Whether you are seeking justice or compensation, the path forward requires a clear understanding and sound legal advice.
Contact our drunk driving attorneys in South Carolina at 864-271-2636 to request a consultation.