Is South Carolina an At‑Fault State for Drunk Driving Accidents?

Absolutely. Because South Carolina follows modified comparative negligence, you may still pursue compensation as long as you are less than 50 % at fault. Drunk driving is powerful evidence of negligence, often shifting liability squarely onto the intoxicated driver. Insurance companies know this and frequently settle once proof of the driver’s blood alcohol content reaches the legal threshold.

What Damages Can Drunk Driving Accident Victims Recover?

Victims often face serious injuries that demand costly, extensive medical treatment. Our team fights for damages covering: Emergency medical expenses – ER care, surgery, imaging. Ongoing care – rehabilitation, medication, assistive devices. Lost wages & diminished earning capacity. Non‑economic losses – pain, suffering, emotional trauma, loss of enjoyment. Property damage to your vehicle. Punitive damages in qualifying cases to hold reckless drivers fully accountable.

How Is Liability Proven in a Drunk Driving Accident Case?

Our investigation teams collect: Police collision reports and BAC test results. Field‑sobriety video, eyewitness interviews, and 911 audio. Vehicle‑mounted data showing speed, braking, and blunt force trauma direction. Expert accident reconstruction to show how the intoxicated driver caused the crash. Bar receipts and surveillance to build a dram shop law claim when businesses overserve alcohol. We also compare the facts to similar car accident cases to show industry settlement ranges.

Do Dram Shop Laws Apply to South Carolina Drunk Driving Cases?

Yes. Under S.C. Code § 61‑4‑580, a business that serves or sells alcohol to an obviously impaired driver can share liability. Bars must carry at least $1 million in liability insurance for this reason. Our firm has recovered compensation from bars, convenience stores, and party hosts by proving they knowingly served alcohol to the intoxicated person who later caused the wreck.

What If a Passenger Was Riding With an Intoxicated Driver?

Passengers hurt in a drunk driving crash can file claims against: The at‑fault driver’s liability coverage. Their own underinsured motorist policy. A dram‑shop defendant if one exists. South Carolina’s comparative‑fault rule rarely assigns fault to a passenger unless they pressured the driver to drink or drive

South Carolina Drunk Driving Accident Lawyer

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Joye Law Firm Injury Lawyers understand that a drunk driver can turn a normal day into a lifetime of pain. Our drunk driving car accident attorneys have represented South Carolinians since 1968, and we invite you to schedule a free consultation today so we can start protecting your rights. The need is urgent due to these alarming stats:

According to South Carolina Department of Public Safety, almost one‑half of all fatal crashes in South Carolina involves drunk driving accident cases.
NHTSA reports 431 people died in alcohol‑impaired crashes in the state in 2022, a 7.5 % spike from the year before.
South Carolina police made more than 16,000 DUI arrests in 2024.

These numbers highlight a continuing public‑safety crisis. They also underscore why victims injured in drunk driving accidents in South Carolina need a team of personal injury attorneys to make sure they get all the compensation they need.

Contact Joye Law Firm today and get one of our DUI accident lawyers working for you. Call us at (888) 324-3100 or fill out this online form for a free, no-obligation claim review.

Consult Joye Law Firm for Drunk Driving Car Accident Cases in South Carolina

When you hire Joye Law Firm, we ensure:

Fast investigations using accident reconstruction experts, traffic camera footage, cellphone data, Blood Alcohol Content (BAC) evidence, and vehicle black boxes.
Immediate medical management, including coordinating your medical treatment, and securing long‑term care for traumatic brain injuries, spinal cord injuries, internal injuries, broken bones, and soft tissue injuries.
Proven trial lawyers prepared to seek punitive damages whenever the at‑fault drunk driver acted with reckless disregard.
A support team that handles the paperwork so you can focus on healing while we pursue fair compensation for medical bills, lost wages, and future medical expenses.

Just Call Joye to speak with an experienced attorney and start your financial recovery.

Why Trust Our Experienced Drunk Driving Accident Lawyers

Joye Law Firm is one of the largest and most-respected personal injury law firms in the state. With nearly 300 years of combined litigation experience and over a half billion dollars in verdicts and settlements secured, our reputation for success is well-known. Our attorneys are leaders in their field, and some of our car accident attorneys have received an AV rating from Martindale-Hubbell, the highest rating available, or have been included among South Carolina Super Lawyers.

Results our attorneys have secured for previous clients include:

A young couple’s peaceful night turned traumatic when a drunk, underage driver caused a violent hit-and-run crash, then fled the scene. Attorneys Melissa Mosier and Robert Howell uncovered a disturbing pattern of reckless behavior and, despite initial investigative shortcomings, built a powerful case through strategic evidence gathering and preparation. Their relentless work led to a $937,500 settlement, delivering justice and accountability for the victim and her family.

A Joye Law Firm client suffered life-altering injuries, including a traumatic brain injury and permanent hearing loss, after being hit head-on by a drunk driver in Greenville County who was traveling at nearly double the speed limit in a company-issued vehicle. Attorneys Melissa Mosier and Davis Rice overcame insurance coverage denials and proved both the driver’s employer and a local bar were responsible, ultimately securing $3 million from the employer’s insurers and another $1 million from a dram shop action.

A Goose Creek mother and her young son were T-boned by a drunk driver who ran a red light after they left church, resulting in a serious neck injury that required cervical disc replacement surgery. Attorney Brent Arant uncovered the driver’s repeated DUI behavior and pursued every layer of available insurance coverage to secure justice. Atty Arant successfully negotiated a $1.18 million settlement to compensate the client and send a strong message against reckless, repeat drunk driving.

A 52-year-old U.S. Coast Guard veteran was struck by a drunk driver who ran a stop sign in Summerville just days before Christmas, leaving him with lasting injuries to his knee, back, hip and shoulder. Attorney William Asche and his team navigated challenges, including delayed DUI charges and a rental vehicle insurance exclusion, to ensure the client received comprehensive medical care and pursued all available compensation. Their persistence paid off, securing full policy limits, including punitive damages under South Carolina law, to hold the impaired driver accountable for his reckless actions.

While every case is different, and past results do not guarantee a similar result in another case, our past results are an indication of our firm’s experience when it comes to serious injury and wrongful death cases.

For more details about the results obtained for previous Joye Law Firm clients, see our notable results and case studies.

How to Seek Punitive Damages Against a Drunk Driver?

To seek punitive damages against a drunk driver:

1. Include a Claim for Punitive Damages in Your Lawsuit

In South Carolina, punitive damages must be explicitly requested in your initial complaint. Failing to do so may forfeit your right to pursue them later in the legal process.

2. Meet the Legal Standard of Proof

To be awarded punitive damages, you must prove by “clear and convincing evidence” that the defendant’s actions were willful, wanton, or reckless. Driving under the influence (DUI) is typically considered reckless behavior under South Carolina law.

3. Gather Compelling Evidence

Strong evidence is crucial to support your claim for punitive damages. This may include: female being asked to blow in breathalyzer

Documenting the incident and any citations or arrests made.
Indicating the level of intoxication.
Accounts from individuals who observed the incident.
Videos from nearby cameras capturing the event.
Evidence of the defendant’s prior DUI Convictions.
Investigation into the defendant’s behavior in the minutes and hours leading up to the crash

An experienced personal injury attorney can assist in collecting and presenting this evidence effectively.

4. Understand the Caps on Punitive Damages

For motor vehicle accidents, South Carolina generally caps punitive damages at $500,000 or three times the amount of compensatory damages, whichever is greater. However, this cap does not apply if:

The defendant was under the influence of alcohol or drugs at the time of the incident.
The defendant’s actions were intentional or constituted a felony.

5. Consult a Qualified Personal Injury Attorney

Pursuing punitive damages involves complex legal procedures and a higher standard of proof. An attorney experienced in South Carolina DUI cases can guide you through the process, help gather necessary evidence, and advocate on your behalf to maximize your compensation.

Not all law firms are the same, and many simply don’t have experience or capabilities to successfully handle a high-stakes drunk driving case. Do yourself and your family’s future a favor by choosing the right law firm. It may mean the difference between tens of thousands or even millions of dollars.

How Long Do I Have to File a Drunk Driving Accident Lawsuit in South Carolina?

In South Carolina, if you’ve been injured in a drunk driving accident, you generally have three years from the date of the accident to file a personal injury lawsuit against the at-fault party. This timeframe is established under South Carolina Code § 15-3-530 and applies to most personal injury and wrongful death claims.

Key Points to Consider:

Start of the Clock: The three-year period typically begins on the date of the accident. However, in cases where injuries are not immediately apparent, the “discovery rule” may apply, starting the clock when the injury is discovered or reasonably should have been discovered.
Claims Against Government Entities: If your claim is against a government agency (e.g., a city or state vehicle was involved), the statute of limitations may be shorter—often two years—and may require additional steps, such as filing a formal notice of claim.
Minors and Incapacitated Individuals: If the injured party is a minor or legally incapacitated, the statute of limitations may be extended. For minors, the three-year period typically begins when they turn 18.

Importance of Timely Action

Failing to file within the applicable statute of limitations can result in the court dismissing your case, regardless of its merits. This means you would lose the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Given the potential exceptions to the statute of limitations, it’s advisable to consult with a qualified drunk driving accident lawyer in South Carolina as soon as possible. An attorney can help you understand the specific deadlines applicable to your case and ensure that your rights are protected.