Few situations are more frightening than being hit by a drunk driver. In an instant, someone else’s reckless decision to drink and drive can cause devastating injuries, emotional trauma, and lifelong consequences. South Carolina has strict DUI laws, but victims often face a long road to recovery, physically, financially, and emotionally.
In this post, we’ll explain the key steps to take after an accident involving a drunk driver in South Carolina, how to protect your legal rights, and how an experienced car accident lawyer can help you pursue full compensation. We’ll also connect this topic to related ones such as negligence, wrongful death, and comparative fault, all of which play important roles in these cases.
Step 1: Call 911 Immediately
Your first priority should always be safety. Call emergency services right away, even if injuries seem minor. When law enforcement arrives, let them know you suspect the other driver is impaired. Officers can administer sobriety or breathalyzer tests to confirm alcohol or drug use.
Make sure to get a copy of the police report, it will serve as crucial evidence in your claim. The report may include the driver’s blood alcohol concentration (BAC), witness statements, and any citations issued for DUI.
Step 2: Get Medical Attention
Even if you feel okay after the crash, see a doctor immediately. The force of a collision can cause internal injuries, concussions, or spinal trauma that may not show symptoms right away.
Prompt medical treatment not only protects your health but also creates official documentation linking your injuries to the accident, something your personal injury lawyer will use to strengthen your case.
Step 3: Gather Evidence at the Scene
If it’s safe, collect as much evidence as possible before leaving the scene. Take photos or videos of:
- Vehicle damage and positions
- Skid marks or debris on the road
- Road and weather conditions
- Visible injuries
Also, get contact information from any witnesses. Their accounts may confirm the driver’s erratic behavior or intoxicated condition before the crash.
If you’re unable to gather evidence due to your injuries, your attorney can help secure surveillance footage or 911 recordings later.
Step 4: Avoid Speaking to the Other Driver’s Insurance Company
After a DUI crash, the at-fault driver’s insurance company may contact you quickly with questions or a settlement offer. Don’t agree to anything or give a recorded statement without speaking to a lawyer first.
Insurance adjusters often try to minimize payouts or get you to admit partial blame. A skilled South Carolina car accident attorney will handle all communication on your behalf and ensure you don’t say anything that could harm your claim.
Step 5: Contact a Personal Injury Lawyer
Drunk driving cases can be more complex than typical car accidents. In addition to civil liability, there may be a criminal case against the driver, and your lawyer will need to coordinate with law enforcement to gather evidence.
An attorney can:
- Investigate the crash and obtain BAC results
- Gather police and medical records
- Calculate your full damages (medical bills, lost income, pain and suffering)
- File a demand letter backed by evidence
- Negotiate for a fair settlement or take your case to court
To learn more about how demand letters work, see our post What Is a Demand Letter in a Personal Injury Case.
Understanding Liability in Drunk Driving Accidents
In South Carolina, drunk drivers are almost always considered negligent per se, meaning their violation of DUI laws automatically establishes negligence. However, other parties may also be held responsible in certain cases, such as:
- Bars, restaurants, or social hosts who overserved alcohol to visibly intoxicated individuals (under dram shop or social host liability laws)
- Employers, if the drunk driver was operating a company vehicle while on duty
Your personal injury attorney will investigate every possible avenue of liability to ensure you recover the maximum compensation available.
What Compensation Can You Recover?
Victims of drunk driving accidents may be entitled to compensation for:
- Medical expenses and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Punitive damages (meant to punish the drunk driver for extreme recklessness)
In cases involving fatalities, surviving family members can also file a wrongful death claim. You can learn more about that process in our related article When to File a Wrongful Death Claim in South Carolina.
How Comparative Negligence Works in DUI Cases
South Carolina follows the modified comparative negligence rule, meaning you can recover compensation as long as you are less than 51% at fault for the crash.
However, in DUI cases, drunk drivers typically bear full or overwhelming responsibility. Still, insurance companies may try to argue that you contributed to the collision. A strong car accident lawyer will push back on these claims and make sure fault is assigned accurately.
If you’d like a clearer understanding of how fault percentages affect your recovery, read Understanding South Carolina’s Comparative Negligence Law.
Step 6: Focus on Recovery, Let Your Lawyer Handle the Rest
Drunk driving accidents often cause severe or even catastrophic injuries. Victims may require months of rehabilitation or lifelong medical care. Instead of dealing with paperwork and insurance negotiations, your focus should be on recovery.
At McWhirter, Bellinger & Associates, we take care of every detail, from investigating the crash to negotiating settlements or taking your case to trial if necessary.
Get Legal Help from McWhirter, Bellinger & Associates
If you or a loved one has been injured by a drunk driver in South Carolina, you deserve justice. Our attorneys have decades of experience holding negligent drivers accountable and securing maximum compensation for victims across the state.
Call 803-653-6449 today for a free consultation with one of our experienced South Carolina drunk driving accident lawyers. We have offices conveniently located in Columbia, Lexington, Orangeburg, Camden, Sumter, Aiken, and Newberry.
We’ll fight tirelessly to make sure the person who made a reckless choice is held responsible, and that you receive the financial recovery you deserve.
