December 18, 2024 | Car Accidents
Involved in a drunk driving accident and wondering what you are entitled to for pain and suffering when hit by a drunk driver? In South Carolina, if you were involved in a car accident with a drunk driver, you can take the drunk driver to civil court and sue them for damages including medical bills, lost wages, punitive damages, and pain and suffering such as emotional distress and mental anguish. Drunk driving accidents are a serious crime. If you were injured in a drunk driving accident. Contact the experienced DUI lawyers at Jeffcoat Injury and Car Accident Lawyers to help you get the compensation you deserve.
Lawyer For DUI Drunk Driver Accidents in South Carolina
A car crash could be both shocking and enraging when it was brought on by somebody else’s mistake. When you learn that the one who brought about the motor vehicle accident was intoxicated at the time, it is worse. The only comfort is the understanding that there’ll be major legal consequences for drunk driving accidents. Additionally, you’ll be able to collect compensation for your damages and your pain and suffering when hit by a drunk driver in a DUI car accident.
Consequences for Drunk Driver Accidents in South Carolina
Knowing that the drunk driver should encounter criminal consequences might come as some solace following the stress of a DUI motor vehicle accident. If an individual’s BAC (Blood Alcohol Content) is above the lawful restriction with regard to their age and/or occupation, then they may be charged with a DUI (driving under the influence). The official blood alcohol content limit for an individual that is more than 21 years of age and is not a commercial driver is .08%. The limit for somebody who’s less than 21 years of age is .02%, irrespective of occupation. The legal blood alcohol content limit for somebody that’s a professional driver is .04%.
The implications of driving under the influence can follow somebody for the remainder of their lives, in many cases. It could stop them from being allowed to obtain certain work opportunities, it may cause them to lose their license, and it may lead to considerable fees and also jail. Sometimes, the drunk driver is going to be made to carry out a substance treatment program. Those who are facing 1st arrests might be able to finish a treatment program and pay off fines without the need of having the arrest stick to them forever.
Obtaining Reimbursement Following a DUI Car Accident in South Carolina
Knowing that the person responsible for the drunk driving accident is going to have criminal repercussions makes you feel as though there is a little bit of justice in the world, yet it doesn’t pay for your damages. That’s where you will need to turn to the auto insurance policy of the liable driver and/or initiate a civil action to receive reimbursement for your pain and suffering when hit by a drunk driver.
Following a car accident with a drunk driver, you should contact law enforcement officers, contact emergency medical attention as needed, collect proof (including pictures of the scene, personal injuries, and damage), get the insurance policy and contact information of the driver, and gather the contact information of eyewitnesses. This is going to help you to demonstrate liability and damages later on. The BAC of the motorist can also be used as evidence that she/he was driving while impaired.
If you didn’t need to call urgent medical attention after your car accident with a drunk driver, you must see your physician or visit the ER as soon as possible. By seeking medical attention right after the event, you ensure that you won’t overlook any personal injuries, that you’ve got proof of your damages, and that you are not considered liable for failing to address personal injuries, potentially worsening the results.
Your drunk driving accident lawyer will be able to assist you to demonstrate your damages or injuries and liability, but your decisions and dedication to collecting and coordinating the evidence will prove both. Concerning establishing fault, you must confirm these three factors:
- The drunk motorist owed you a duty of care.
- By driving intoxicated, the driver violated that duty of care.
- That violation of that duty of care created the crash and triggered your damages.
What Sorts of Damages Will You Receive Following a DUI Car Accident?
If you were wounded in a South Carolina car accident with a drunk driver, there are many kinds of damages available to you including your previous and long-term healthcare damages, previous and future lost earnings, and property damage from the incident. Further, if you were involved in a drunk driving accident, you could be awarded punitive damages, which are provided to penalize the behavior of the drunk driver. In cases where a fatality occurred from the DUI car accident, more damages may be owed to pay for funeral and burial expenses, lost wages of the loved one, and loss in consortium or companionship. The pain and suffering when hit by a drunk driver and the psychological/emotional distress should also be taken into consideration
Drunk Driving Accidents in Columbia & South Carolina
Much attention has been brought to drunk driving and how dangerous it can be. Yet, drunk driver accidents continue to occur, many of them resulting in injury and death.
South Carolina is one of the worst states when it comes to drunk driving fatalities. 315 people die in drunk driving accidents every year for a total of 38% of all car accident deaths. More than 1900 people have been killed due to impaired driving in the last five years.
If you have been injured in a drunk driving accident, you need to team up with a reliable South Carolina drunk driving lawyer to get the compensation you deserve.
Blood Alcohol Legal Limit in South Carolina
According to the South Carolina Department of Safety, if a driver’s blood alcohol content (BAC) is .08% or higher, the motorist is considered to be impaired and unable to drive safely. However, because driving under the influence is so dangerous, drivers with any amount of alcohol in their system may be legally liable if an accident occurs.
Compensation for Drunk Driving Accidents
If you were injured in a drunk driving accident, you might be due to receive the following compensation:
- Medical expenses including those that occurred during the accident as well as ongoing care needed as a result of the accident
- Pain and suffering when hit by a drunk driver as well as payment for reduced quality of life
- Emotional distress resulting from the trauma of the accident and the injuries caused
- Payment for lost wages, reduction in income and future earning potential due to injuries caused by the accident
- Wrongful death
In some cases, drunk drivers may also be required to pay punitive damages. These are for drivers that are excessively reckless to the point where they caused serious harm. They are meant to punish defendants in the hope that it will deter them from similar behavior in the future.
What Happens When Motorists Insurance Does Not Cover Total Losses in Drunk Driving Accidents
In some cases, motorists who caused a drunk driving accident do not have insurance or do not have enough insurance to cover the losses the accident caused. In these cases, victims may have other options for receiving compensation.
One option is to file a dram shop liability claim. Dram shop laws allow victims to seek compensation from the bars, restaurants, and stores that provided liquor to the driver responsible for the accident. The circumstances surrounding the accident will be considered in determining whether dram shop laws can be applied.
Another option is to make an uninsured or underinsured motorist (UM/UIM) claim with your insurer. This sort of claim may allow your insurance company to stand in for the drunk driver to pay for the losses that he or she is unable to cover.
Finding the Right Drunk Driving Accident Lawyer Near You
If you were hit by a drunk driver, you need to team up with a reliable lawyer to get the compensation you deserve. If you are looking for representation in the state of South Carolina, Jeffcoat Injury and Car Accident Lawyers is highly recommended.
The lawyers at Jeffcoat Injury and Car Accident Lawyers take a client-centered approach. They always put the person they are representing first, treating them with the utmost care, and making sure they are on the ground floor when it comes to any decisions that are being made. However, when it comes to going after at-fault parties, they are aggressive in seeing to it that justice is served.
Getting injured in a drunk driving accident can be traumatic, and it can be difficult for a victim to move forward. Let Jeffcoat Injury and Car Accident Lawyers help by getting you the compensation you need for your losses. This will give you closure so you can focus on healing and leave the past behind.
Contact a South Carolina Car Accident Lawyer at Jeffcoat Injury and Car Accident Lawyers Today
For more information, contact the car accident law firm of Jeffcoat Injury and Car Accident Lawyers to schedule a free initial consultation. We have five convenient locations in South Carolina: Columbia, Lexington, Orangeburg, and Blythewood.
Jeffcoat Injury and Car Accident Lawyers – Columbia, SC
1333 Main St #510,
Columbia, SC 29201
(803) 573-0869
Our firm is located near you. We have an office in Columbia, SC.
Find us with our GeoCoordinates: 34.0036663,-81.0346429
Jeffcoat Injury and Car Accident Lawyers – Lexington, SC
5465 Sunset Blvd Suite B,
Lexington, SC 29072
(803) 721-4241
Our firm is located near you. We have an office in Lexington, SC.
Find us with our GeoCoordinates: 33.9981412,-81.2202483
Jeffcoat Injury and Car Accident Lawyers – Orangeburg, SC
161 Elliott St SE Suite B,
Orangeburg, SC 29115
(803) 884-2053
Our firm is located near you. We have an office in Orangeburg, SC.
Find us with our GeoCoordinates: 33.4913915,-80.8608485
Jeffcoat Injury and Car Accident Lawyers – Blythewood, SC
749-2 University Village Dr,
Blythewood, SC 29016
(803) 866-5190
Our firm is located near you. We have an office in Blythewood, SC.
Find us with our GeoCoordinates: 34.2165616,-80.9866654
Jeffcoat Injury and Car Accident Lawyers – Columbiana Dr
380 Columbiana Dr
Columbia, SC 29212
(803) 866-5522
Our firm is located near you. We have a secondary office in Columbia, SC.
Find us with our GeoCoordinates: 34.0857948,-81.1613165
