Table of Contents
In need of an Indian Land Drunk Driving Attorney?
At the David W. Martin Law Group, our Indian Land drunk driving accident attorneys represent injury victims and families who have lost their loved ones in these tragic and preventable collisions throughout South Carolina.
Unfortunately, The Palmetto State is no stranger to drunk driving accidents, injuries, and fatalities. In addition to the nearly 22,000 DUI arrests made by law enforcement last year, the South Carolina Annual Fact Book reported that one person is killed in a DUI collision every 27.9 hours across the state.
For those who survive these catastrophic crashes, their roads to recovery may be long, arduous, and, ultimately, life changing. We want to help put the pieces back together.
If you or someone you love was injured or lost their life in an accident caused by a drunk driver, contact our Lancaster County DUI crash attorneys today to discuss your legal rights and options to pursue the negligent party for your full financial recovery during a free consultation.
How Much Is Too Much To Drink and Drive in South Carolina?
South Carolina law prohibits a person from Driving with an Unlawful Alcohol Concentration, or DUAC. This means driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired, according to the South Carolina Department of Public Safety. From a criminal law standpoint, a DUAC has a much lower threshold of legal proof to produce a conviction. From a civil law standpoint, these drivers can be held liable for their negligence inside and outside the courtroom.
Like other states, in South Carolina, a Blood Alcohol Content (BAC) of .08 percent or higher, infers that the individual was driving under the influence of alcohol, which will also provide the proof our skilled drunk driving accident attorneys need to pursue a personal injury claim against the driver’s insurance coverage for our client’s full financial recovery.
Can I Pursue a Personal Injury Claim if the Drunk Driver Was Never Convicted?
Yes. DUI charges unfold in criminal court, which is separate from a civil, personal injury claim. Although a conviction would provide additional evidence that the driver was negligently operating their vehicle when he or she hit your vehicle, their arrest at the scene — and other potential evidence — is just as strong.
This is why it is important for all car accident injury victims to call the police when they are involved in a South Carolina collision. Law enforcement is trained to identify whether a driver is under the influence of alcohol or drugs and can officially take the next steps to prove that is true by administering a breathalyzer or admitting the individual to a hospital for a blood test.
Why Do I Need a Personal Injury Attorney If the Other Driver Was Obviously Impaired?
Even if the driver who caused your crash was arrested for driving under the influence at the scene of the accident, it is not a foregone conclusion that his or her insurance company is going to take your word for it — even if you have a police report.
Filing a claim with the insurance company on your own can lead to an incomplete claim, lacking evidence, and insufficient details that would maximize your recovery. Insurance companies use long-standing techniques to undervalue or outright deny accident and injury claims — even when their policyholder was clearly at fault — because most people simply do not know their legal rights and options to pursue a better outcome.
All crash victims should seek medical care right away and contact a skilled drunk driving accident and injury attorney in South Carolina, so we can thoroughly build your case and present it to the insurance company to begin negotiating with all the details available from the start.
We will outline your complete recovery needs, including medical expenses, lost wages, diminished earning capacity, and other damages, including how the accident has impacted your daily activities and overall quality of life, so together we can pursue the best outcome for your unique claim.
Can I Pursue a Drunk Driver Who Killed My Loved One in a South Carolina Car Accident?
Yes. In these cases, where a drunk driver causes the death of another motorist or their passenger(s), the impaired party may be pursued during a wrongful death claim.
When a loved one’s loss was caused by negligence, including a drunk driver, certain family members may be eligible to pursue a wrongful death claim in South Carolina.
They include the surviving:
If these relationships do not exist, other legal heirs may be eligible to pursue a wrongful death. Our skilled Indian Land DUI accident attorneys will help you determine your eligibility during a free consultation by calling 803-548-2468.
We can help you understand your legal rights and options to pursue the best outcome for your DUI injury or fatality case and outline the next steps for your family’s overall well-being.