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The driver who hit you wasn't just careless. They chose to get behind the wheel knowing they were impaired, and that choice sets your situation apart from an ordinary car accident claim. South Carolina law treats drunk driving crashes differently, and in several important ways, that difference works in your favor, especially if you have to file a DUI car accident lawsuit.
Our experienced South Carolina car accident lawyers at the Law Office of Sean M. Wilson have helped crash victims throughout South Carolina pursue the full compensation the law allows. If the driver who caused your collision was drunk, here's what you need to know about how that affects your case and how we can help you obtain justice.
What Is Negligence Per Se, and Why Does It Matter in a DUI Car Accident Lawsuit?
In a standard car accident case, you have to prove the other driver was negligent, which means that they failed to act as a reasonably careful person would. That takes evidence, argument, and often a fight. When the at-fault driver was drunk, South Carolina's negligence per se doctrine changes the equation.
Under this doctrine, violating the law itself constitutes negligence. A driver who drives with a blood alcohol content (BAC) of 0.08% or higher has broken the law. This automatically establishes that they breached their duty of care to others on the road.
However, negligence per se covers the breach of duty, not causation. A jury still must decide whether the driver's intoxication actually caused the crash and your injuries. That's why having strong evidence is crucial.
What Evidence Strengthens a DUI Car Accident Case?
The strength of a drunk driving claim often comes down to the evidence preserved in the hours and days after the crash. You must take the proper steps to collect it at the collision scene. Our knowledgeable DUI car accident lawyers will also help you collect the evidence you need as we build a strong case against the drunk driver and their insurance company.
Key evidence in these cases to prove the driver was drunk includes:
- The police report. Officers document observations at the scene, such as slurred speech, the smell of alcohol, erratic behavior, and failed field sobriety tests. These details directly support your claim.
- Breath and blood test results. A BAC reading above the legal limit is powerful evidence of impairment and helps establish negligence per se.
- Bar and restaurant receipts. Records showing where the driver was drinking, how much they consumed, and how long they were there can paint a clear picture of the timeline before your accident.
- Surveillance and dashcam footage. Video from nearby businesses or other vehicles may capture the driver's condition or the moments leading up to the crash.
- Witness statements. Anyone who saw the driver at a bar, noticed erratic driving, or witnessed the collision can provide testimony that supports your account.
Even when the criminal case is still pending, or if the driver wasn't charged at all, you can pursue a DUI car accident lawsuit. Your right to pursue compensation doesn't depend on a conviction.
Can You Recover Punitive Damages in a DUI Car Accident Case in South Carolina?
In most car accident cases, damages are meant to compensate you. You can recover these types of compensation:
- Medical bills
- Lost wages and lost earning capacity damages
- Pain, suffering, and emotional distress damages
- Property damages
- Wrongful death damages if a loved one was killed in the crash
A drunk driving case opens the door to punitive damages, which exist to punish reckless conduct and deter others from making the same choice.
To recover punitive damages under South Carolina Code § 15-32-520, you must specifically ask for them in your DUI car accident lawsuit and prove by clear and convincing evidence that the at-fault driver’s actions were wanton, reckless, or willful. Under this law, there is no cap on the amount of punitive damages that the jury can award you.
What to Expect When You File a DUI Car Accident Claim With the Insurance Company
Most personal injury cases begin with filing an insurance claim, and drunk driving cases are no different. The at-fault driver's insurer may move quickly with a settlement offer, especially when evidence of intoxication is strong.
However, adjusters are trained to minimize payouts, and an early offer rarely reflects the full value of a claim. You should also expect them to dispute liability altogether, arguing that the driver's intoxication didn't cause the crash or that your injuries aren't as serious as documented.
Our skilled car accident lawyers at the Law Office of Sean M. Wilson will handle every stage of that fight on your behalf. From gathering evidence and building your claim to negotiating with insurers and taking your case to trial when necessary, the firm will pursue the full compensation and justice you deserve.