Holiday DUI Accidents in South Carolina: Your Rights If A Drunk Driver Injures You

KEY TAKEAWAYS:

South Carolina's drunk driving crashes climb sharply between Thanksgiving and New Year's Day, and a civil claim after one of these wrecks doesn't have to wait on the driver's criminal DUI case. Beyond the driver's own insurance, a bar, restaurant, or host that kept serving a visibly intoxicated patron can sometimes share responsibility for what happens next. Because evidence like toxicology results and surveillance footage disappears quickly, getting help from a Charleston drunk driving accident lawyer soon after a holiday crash protects your ability to recover full compensation for your injuries.

A holiday evening should end with everyone getting home safely. Instead, a driver who had too much to drink runs a red light, crosses the center line, or fails to stop in time. Suddenly, you are dealing with injuries, medical bills, missed work, and questions you never expected to face.

If you are injured in a drunk driving accident in the Charleston area, the impaired driver may not be the only party whose actions deserve scrutiny. A bar, restaurant, or other alcohol provider may also bear responsibility in certain circumstances. At the Law Office of Sean M. Wilson, our experienced Charleston drunk driving accident lawyers can investigate what happened before the crash, preserve evidence, deal with insurance companies, and determine which parties may be legally responsible for compensating you.

What to Do Right After a Holiday Drunk Driving Accident

The steps you take in the hours after a crash can shape your claim later. A few basics protect both your health and your case, whether or not the driver was arrested at the scene. Here are the steps that our drunk driving accident lawyers recommend you take:

• Call 911 and get checked out by a medical professional, even if you feel fine.
• Get the officer's name and badge number, and obtain a copy of the police report. 
• Photograph the vehicles, the road, and any signs of intoxication, like open containers.
• Collect names and phone numbers for anyone who saw what happened.
• Limit what you say to the drunk driver’s insurance company until you have hired an attorney.
• Retain our drunk driving accident lawyers immediately to protect your rights. 

Does Your Civil Claim Have to Wait on the Criminal DUI Case?

No. Many people wrongly assume they can't file a claim until the driver's DUI charge is resolved. That isn't how South Carolina law works, and waiting can cost you time you don't have. 

A DUI prosecution under S.C. Code § 56-5-2930 punishes the driver, and it runs separately from your civil claim. Your civil case can proceed without waiting for the criminal case to conclude. 

Can a Bar or Restaurant Share Liability for Overserving the Drunk Driver?

Sometimes the driver isn't the only party at fault. If a bar or restaurant kept serving someone who was visibly drunk, South Carolina law may let you pursue them, too.

Under S.C. Code § 61-6-2220, a licensed establishment may not knowingly serve alcohol to someone already intoxicated. Building this kind of claim, often called a dram shop claim, usually means showing:

• The server saw obvious signs of intoxication, like slurred speech or stumbling.
• Alcohol was served anyway.
• The driver left the establishment and caused a drunk driving accident. 
• You suffered injuries in the crash. 

This claim runs alongside your claim against the driver, opening a separate policy when the driver's own coverage falls short. Our drunk driving attorneys will examine the evidence thoroughly to determine if you have a dram shop claim or another claim against another negligent party who contributed to your drunk driving collision. 

What if the drunk driver does not have enough insurance to cover my injuries?

You may be able to file a claim with your own insurance company if you purchased optional underinsured motorist coverage. If the drunk driver had no insurance, you could file a claim under your uninsured motorist coverage, which is mandatory in South Carolina. 

Unfortunately, you could have to fight with your own insurance company for the compensation you deserve. That’s another reason you need to contact the Law Office of Sean M. Wilson to schedule a free consultation as soon as possible after the drunk driving accident.

Compensation You Can Recover After a Holiday Drunk Driving Crash

A holiday drunk driving crash can leave you with medical bills, missed paychecks, and a car that's no longer safe to drive. South Carolina law allows you to pursue several categories of compensation, depending on what happened to you. It can include future damages if you suffer a long-term injury. Types of damages you may receive in your settlement include:

• Current and future medical costs
• Lost income and reduced earning capacity
• Property damage to your vehicle and belongings
• Pain and suffering
• Wrongful death damages if a loved one was killed in the collision
• Possible punitive damages, if the drunk driver’s actions were willful, wanton, or reckless

How Our Drunk Driving Accident Lawyers Help After a Holiday DUI Accident

Recovering full compensation after a holiday DUI crash usually means going up against an insurance company, and sometimes a second insurer for a bar or restaurant, before you've even finished healing. Our attorneys take that fight on so you can focus on getting better. Ways we can help you and build a strong claim for compensation include:

• Preserve evidence quickly, including toxicology results, 911 recordings, and bar or restaurant surveillance footage, before it's deleted or overwritten.
• Investigate every potentially liable party, from the driver to an establishment that kept serving them.
• Handle all communication with insurance adjusters, so you're not pressured into saying something accidentally that hurts your case, giving a recorded statement, or accepting a low-ball, early offer.
• Calculate the full value of your claim, including future medical needs and lost earning capacity.
• File your personal injury claim and track every deadline, including South Carolina's three-year statute of limitations.
• Pursue every source of compensation available, including the driver's insurer, a liable establishment's coverage, and your own uninsured or underinsured motorist policy.

You shouldn't have to carry the financial consequences of someone else's decision to drive impaired. Our dedicated drunk driving accident attorneys can explain your legal options and take all necessary steps to try to hold every responsible party accountable.