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    One man being stopped from grabbing keys after drinking

    The last things that Angie remembered from before the wreck were the drunk driver’s oncoming headlights and that sinking feeling that comes with knowing things aren’t going to end well. She woke up in the hospital, unaware at the time, that firefighters had to cut her from her mangled vehicle and that the ER crew had doubted her chances for survival. Angie defied the odds, but life was going to look a lot different from now on. She knew she needed help to fight the upcoming legal battle. She knew she needed the Joye Law Firm.

    Driving under the influence of alcohol or drugs is recklessly irresponsible, yet many people are injured and killed in car, truck, and motorcycle accidents caused by drunk drivers every year. In fact, South Carolina has the 3rd highest fatality rate from crashes involving drunk drivers in the nation. We also hold the dubious honor of ranking 6th in the U.S. for drunk driving accidents caused by underage drinking.

    Fortunately for victims like you and Angie, drunk drivers are criminally and civilly liable for the harm they cause, and South Carolina juries have no appetite for their excuses. Let Joye Law Firm help you recover compensation for your injuries with a personal injury claim.

     

    Being injured in a drunk driving accident can leave you feeling confused, frightened, and unsure of what to do next. Here are some measures you can take to protect yourself. Just remember that contacting an experienced South Carolina drunk driving lawyer should immediately follow these key steps:

    • Check for injuries first: Adrenaline can mask your injuries after an accident. Even if you initially feel fine, it’s still important to promptly see a doctor. Some injuries aren’t always immediately obvious, and getting a medical exam creates a record that can be helpful to your case down the road.
    • Get the police involved: Call the police and report the accident. A police report is a crucial piece of evidence, so requesting a copy for your records is essential.
    • Document the scene: If you’re safely able to do so, take pictures or video of the accident scene while you wait for the police. Capture any vehicle damage and your own injuries. Also, try to get the names and contact information of any witnesses.
    • Don’t say too much: It can be tempting to explain the accident to everyone you encounter. Please resist the urge. Don’t admit fault, and don’t discuss the details with anyone except the police. Anything you say can be used against you later.

    man on the phone with the police while girl is sitting on the curb

    The Importance of Getting Legal Guidance

    After a drunk driving accident, you could be dealing with physical injuries, emotional trauma, and mounting medical bills. The last thing you need is to deal with the stress of navigating a complex legal system. This is where a South Carolina attorney experienced in drunk driving cases and local to the Midlands can be powerfully beneficial. They’ll act as your advocate, handling every aspect of your case so you can focus on your healing process.

    Here’s how a lawyer can help:

    Attorneys in Columbia SC office talking about a case

    • Building a Strong Case: They’ll investigate the accident, and gather evidence such as police reports, witness statements, accident scene photos, and much more. This evidence will be critical in helping to prove the drunk driver caused your injuries.
    • Handling Insurance Claims: Dealing with insurance companies after an accident can be one of the most frustrating and time-consuming parts of the process. Your lawyer will handle all communication with the insurance company, and fight for a fair settlement that covers all your damages.
    • Maximizing Compensation: Drunk driving accidents often result in significant injury with serious medical expenses, lost wages due to missed work, and long-term pain and suffering. Your lawyer will fight to recover compensation for all these damages to make sure you’re not left financially burdened by the wrongdoing of a drunk driver.
    • Courtroom Representation: If negotiations with the insurance company reach an impasse, your lawyer can take your case to court. An experienced lawyer will know drunk driving laws in South Carolina and will represent you effectively. This is where your choice of attorneys really matters – not all law firms are equipped to take a case to trial. Insurance companies know that and use it to their advantage.

    What South Carolina Law Says About Blood Alcohol Content

    Driving under the influence is a crime in South Carolina. If a law enforcement officer suspects a driver to be under the influence, they may subject the driver to a field sobriety test. Additionally, a driver’s blood alcohol content (BAC) can be tested by breathalyzer, blood, and/or urine testing. Exceeding the legal limit can lead to the driver being charged with a criminal offense.

    The legal limits for BAC in South Carolina are:

    • .08 percent for those aged 21 or older operating non-commercial vehicles
    • .04 percent for operators of commercial vehicles over the age of 21
    • .02 percent for drivers under the age of 21

    Even if the driver’s BAC did not exceed the legal limit, it does not mean they can escape criminal charges or civil liability. Recovering damages in a personal injury case is easier if the at-fault driver was charged with a DUI at the time of the accident. However, it is not required. Any amount of impairment can serve as evidence that the driver was negligent and caused the accident.

    Holding All Liable Parties Responsible

    Sometimes, another’s negligent actions also contributed to the drunk driver being on the road and injuring the victim. There are several legal theories under which a third party, meaning someone other than the intoxicated driver, may be held liable for damage caused by the drunk driver.

    South Carolina’s dram shop law applies to a bar or restaurant that serves alcohol to:

    • A minor under the age of 21
    • A noticeably intoxicated adult who drove

    If the minor or intoxicated adult later caused an accident, the bar or restaurant can potentially be held liable and be required to pay damages to the victim. This is because the bar or restaurant reasonably should foresee a young or intoxicated person would consume the alcohol served to them, drive drunk, and injure someone.

    Social host liability may exist for individuals providing alcohol to minors under age 21 at parties or other events. A social host includes an individual host, club, employer, fraternity, etc.

    Under a theory of negligent entrustment, a victim may recover damages from the owner of a vehicle driven by an intoxicated person. The vehicle owner may be held liable if he or she allows someone to use the vehicle who was intoxicated, or if the vehicle owner knew that the driver was likely to become drunk.

    Negligence Per Se

    Violation of South Carolina’s DUI law can be considered negligence per se in a personal injury case. This means that committing a DUI is negligent as a matter of law. To recover damages, the victim only needs to prove that the driver violated the law to establish negligence. Then, as long as the harm suffered was of the sort that the statute intended to protect against, for example, a victim of a car accident caused by a drunk driver, the driver is per se negligent. The victim then must only prove that the negligence proximately caused the accident.

    Compensation Available for Injured Victims of Drunk Driving Accidents in Columbia

    Victims of drunk driving accidents may be entitled to both economic and non-economic damages. Economic damages are intended to reimburse the victim for the out-of-pocket expenses resulting from the accident. This may include medical bills, therapy and rehabilitation costs, lost wages, and other economic costs.

    Non-economic damages are designed to compensate the victim for intangible losses. For example, this category may include compensation for pain and suffering, disability, disfigurement, emotional distress, loss of services, and loss of enjoyment of life.

    A victim in a drunk driving accident in South Carolina may also be able to recover punitive damages if the case goes to court. Punitive damages are used to punish the negligent or reckless party and to serve as a deterrent. Because driving drunk is such egregiously reckless behavior, however, they are sometimes awarded in drunk driving accident cases.

    Why Hire a Columbia Drunk Driving Injury Law Firm?

    When choosing a lawyer, consider the advantages of contacting a local Columbia law firm with a proven track record, like Joye Law Firm. Our familiarity with South Carolina drunk driving laws and court procedures will be a major advantage in your efforts to get compensation for your injuries. These are just a few of the results we’ve achieved for victims of drunk drivingMelissa Mosier Circle:

    $3,000,000 settlement for a Simpsonville man who suffered multiple broken bones and a traumatic brain injury after being hit by a drunk driver in a company vehicle.

    Mark Joye Circle Headshot

     

    $17,000,000 trial verdict for the survivors of a devastating crash that took the life of a couple and their infant son. The wreck was caused by an alcohol-impaired semi-truck driver on I-95 North.

     

    Since we’ve been operating in South Carolina for decades, we have a network of reliable medical professionals who can provide crucial medical evaluations and treatment. We can also engage accident reconstruction experts to help provide a favorable outcome for your case.

    Contact the Columbia Drunk Driving Accident Lawyers at Joye Law Firm

    At Joye Law Firm, we have been advocating for accident victims in South Carolina since 1968. Several of our attorneys have received an AV rating from Martindale-Hubbell, been selected for Super Lawyers, and have earned numerous other awards and honors.

    If you or a loved one has been injured in an accident caused by a drunk driver in the Midlands, our attorneys are here to help you. Please contact the Columbia personal injury lawyers at Joye Law Firm for a free and confidential initial consultation.

     

    Originally published January 20, 2021, revised May 24, 2024.

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