A drunk driving accident can change your life in a single moment. Being in the wrong place at the wrong time around the wrong driver can lead to serious, if not life-long, injuries. The drunk driver can be held civilly liable for what they did. You first need to file an insurance claim or lawsuit that seeks all the compensation you deserve. An experienced York drunk driving car accident lawyer can help you pursue a settlement check from the insurance company. Reach out to Hunter & Everage today to learn more about your options after you have been injured in a drunk driving accident.
What Is Considered Drunk Driving in South Carolina?
Like every other state in the United States, the legal limit for blood alcohol content (BAC) in South Carolina is .08. If the driver blows into a breathalyzer, and they have this level or a higher BAC, they are presumed to be intoxicated. It is even possible for a driver to be considered drunk if they have a lower BAC.
Other forms of intoxicated driving can subject a motorist to civil and criminal liability. For example, if a driver gets behind the wheel after smoking or consuming marijuana, they are breaking the law. A driver can even be considered under the influence when they have taken prescription medication.
Common Injuries Sustained in Drunk Driving Crashes
Drunk driving accident injuries are often more serious than those sustained in other types of motor vehicle accidents. Drunk driving crashes often occur at higher speeds because the intoxicated motorist is acting extremely recklessly. You often have little to no chance of avoiding a drunk driver because they have taken you by surprise.
Common drunk driving accident injuries include:
- Fractures and broken bones
- Cuts and lacerations
- Internal injuries and organ damage
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
- Head and neck injuries
In addition, there is a much higher fatality rate involved in drunk driving accidents. South Carolina has among the highest drunk driving fatality rates in the entire country. In 2023, South Carolina had the third-highest drunk driving fatality rate in the US. The state consistently ranks in the top five nationally.
What Should I Do After Being Injured in a Drunk Driving Accident?
At the scene, you must call law enforcement so a police officer can write an accident report.
They may show up at the scene and apprehend the other driver involved in the accident.
You should take the following steps to both tend to your health and strengthen your legal position:
- Seek immediate medical help from a doctor to diagnose and treat your injuries
- Report the accident to your insurance company
- Hire an experienced attorney to pursue financial compensation on your behalf
- Document your injuries and damages to the fullest extent possible
Can I File a Civil Lawsuit for a Drunk Driving Accident?
You may think that a criminal case against the driver would be their sole punishment for getting behind the wheel when intoxicated. However, the law also allows you to recover financial compensation for your injuries. In most respects, civil and criminal drunk driving cases are largely independent of each other.
In a criminal case, the prosecutor must prove that the drunk driver was guilty beyond a reasonable doubt to win a conviction. This is a much higher standard of proof than you would need to meet in a civil case. Even if the prosecutor is not able to win a conviction, it does not mean that you cannot win your civil case. You just need to show that the driver was responsible for your injuries by a preponderance of the evidence, meaning that it is more likely than not that they were to blame.
Who Can Be Held Liable for a York Drunk Driving Accident?
The most likely defendant in a drunk driving civil lawsuit is the motorist who injured you. They can face both civil and criminal penalties for their reckless and illegal actions.
Your attorney would likely perform an investigation of the circumstances of the driver’s intoxication. Under South Carolina common law, you may file a negligence action against the establishment where the motorists drank before the accident if they continued to serve alcohol to a noticeably intoxicated person. This is similar to the dram shop laws on the books and in other states. Dram shop lawsuits are not always easy to prove because you need to show what the server knew (or should have known) as they continued to serve an intoxicated patron. There is a chance that you can also sue a social host who continues to give their drunk guest alcohol.
Collecting Compensation From the Intoxicated Motorist
You would need to file a claim against the responsible driver’s insurance policy. Even if the other driver was intoxicated, you would need to prove that they did something negligent to cause the accident. Their insurance company would then be responsible for paying your damages up to the amount of the policy limit.
Due to the severity of your injuries and the fact that the drunk driver may not have had much insurance coverage, you may have uncovered damages. You can then file an underinsured motorist claim with your own insurance company. Dealing with two insurance companies can be difficult and complex because each of them has their financial self-interests.
Seek Legal Help for Your York County Drunk Driving Accident Case
When you need a hard-hitting lawyer to pursue justice on your behalf, hire Hunter & Everage for your case. We leave no stone unturned when fighting for our client’s legal rights. Our attorneys do not let insurance companies stand between you and the compensation you deserve. Contact us to schedule a free initial consultation with one of our attorneys. You can send us a message on our website or call us today at 704-377-9157 to begin the legal process.