It started with a knock on the door or a phone call in the middle of the night. In a single moment, your world changed. Your loved one’s life was taken by a drunk driver, and now you’re left facing the kind of loss no one is ever prepared for. The grief is immediate and consuming. But soon, painful questions start to surface. What happens next? Who will be held responsible?
For many families, the pursuit of justice begins with a wrongful death claim. To hold the impaired driver accountable, you need evidence that meets South Carolina’s legal standards.
A South Carolina wrongful death lawyer can be your guide through this challenging process, helping you gather the necessary evidence, build a strong case, and fight for the justice your loved one deserves.
You don’t have to do this alone. Understanding what evidence is needed is the first step toward holding the right people accountable and finding some measure of peace.
What Kind of Evidence Proves Fault in a DUI Wrongful Death Case?
In South Carolina, proving fault in a wrongful death case hinges on demonstrating that someone else’s negligence—or in this case, intoxicated driving—directly caused the death of your loved one. Evidence must clearly show both the act of drunk driving and the connection between that act and the fatal crash.
While each case is unique, many DUI wrongful death cases are built on evidence such as:
- Police accident reports. These documents often contain key details such as the officer’s observations, road conditions, and citations issued. If the driver was charged with DUI, this will typically be noted in the report.
- Toxicology and BAC results. These lab reports provide objective proof that the driver was impaired, showing blood alcohol content (BAC) or the presence of other substances at the time of the crash.
- Field sobriety and dashcam footage. Video evidence from the arresting officer’s dashcam or body camera can show signs of intoxication and reinforce what the officer observed during field tests.
- Eyewitness testimony. Witnesses who saw the crash, or the driver’s behavior before or after, can provide powerful, humanizing accounts that support your claim.
- Expert accident reconstruction. When fault is disputed, experts can analyze skid marks, vehicle damage, and road conditions to reconstruct what happened and prove the impaired driver was responsible.
In some cases, a DUI criminal conviction can strengthen your civil wrongful death case. However, a conviction isn’t necessary to win a wrongful death case. Civil courts use a lower burden of proof, which your attorney may satisfy with the proper evidence, even if the driver is acquitted of a crime.
How a South Carolina Wrongful Death Lawyer Builds Your Case
Gathering this evidence isn’t always easy. Police may delay releasing reports, or witnesses may be hard to reach. That’s where an attorney makes the difference. Our wrongful death lawyers don’t just collect information. We know how to dig deeper and present it effectively.
For example, our attorneys can:
- Access hard-to-get evidence. We can subpoena toxicology reports, police dashcam footage, and other critical records.
- Coordinate with experts. From accident reconstruction to forensic toxicology, expert testimony can strengthen your case and explain complex evidence to a jury.
- Handle communication with insurance companies. These companies aren’t on your side. Your lawyer can push back on low offers to protect your recovery.
- Build a compelling case narrative. It’s not just about evidence—it’s about telling your loved one’s story in a way that moves juries and motivates settlements.
Your loved one’s life mattered. Our goal is to hold the drunk driver accountable and help your family get the compensation the law allows.
What to Do if Your Loved One Died in a South Carolina DUI Accident
If you’re considering a wrongful death claim after a drunk driving crash, timing matters. South Carolina has a strict statute of limitations for filing a lawsuit. Waiting too long could mean losing your right to hold the driver accountable.
As you try to get through each day, you can protect your future and seek justice for your loved one by:
- Acting quickly to preserve evidence. The sooner your lawyer can begin the investigation, the better.
- Documenting everything. Keep records of medical bills, funeral expenses, lost income, and emotional suffering.
Additionally, you may decide to seek grief support, spend time with other loved ones, or take other actions that help you as you mourn.
Justice Requires Evidence and a Strong Advocate
A DUI wrongful death case isn’t just about compensation—it’s about accountability. It’s about standing up for the life that was taken and demanding that drunk drivers face the consequences of their actions.
Let an experienced South Carolina wrongful death lawyer help you tell that story and make it heard in court.