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    Can you sue if the drunk driver wasn't convicted

    If you suffered injuries or lost someone dear to you because of a drunk driving accident in Myrtle Beach, South Carolina, you’re likely experiencing a whirlwind of emotions – pain, anger, confusion, and fear.

    You deserve justice, and you have the right to hold the drunk driver accountable for their reckless behavior. Most importantly, you’re not alone.

    At Joye Law Firm, we understand the devastating impact a drunk driving accident can have on your life. You may be overwhelmed by medical bills, lost wages, and having to deal with physical and emotional trauma. A compassionate Myrtle Beach drunk driving accident attorney from our firm can help you throughout every stage of the claims process.

    Contact us today for a free consultation. Learn how we can help you and your family recover the financial compensation you need to put this terrible ordeal behind you.

    FREE CASE EVALUATION

    What Should You Do If a Drunk Driver Hits You?

    Mark and Ken talking about a case

    If a drunk driver hits you in Myrtle Beach, Conway, Georgetown, or elsewhere in the Grand Strand, your priority should be your health and safety. Call 911 immediately to report the accident and request medical assistance.

    Even if you don’t think you’ve been seriously injured, getting checked out by a medical professional is crucial. Some injuries, such as whiplash or traumatic brain injuries, may not present symptoms right away.

    If possible, collect evidence at the scene of the accident. Take photos or video of the damage to both vehicles, any visible injuries, and the surrounding area. Get the contact and insurance information of the at-fault driver, as well as any witnesses who may have seen the accident. This evidence can be vital in building a strong compensation case.

    Finally, contact an experienced Myrtle Beach drunk driving accident attorney as soon as possible. At Joye Law Firm, we offer free consultations to help you understand your rights and options for pursuing a claim against the driver who caused your injuries. Every client we work with benefits from our No Fee Guarantee, meaning you don’t pay anything unless we win your case.

    How Common Are Drunk Driving Crashes in Horry County, SC?

    Driving impaired is a serious problem throughout South Carolina. According to the South Carolina Department of Public Safety and Mothers Against Drunk Driving, there were 367 alcohol-impaired driving fatalities in the state in 2023, accounting for 33% of all traffic deaths.

    In 2021, Horry County experienced 553 non-fatal accidents caused by drunk driving. There was also a concerning 67% rise in alcohol-impaired driving fatalities over the previous year, resulting in 30 deaths. The county ranked second in the state for fatal impaired driving accidents.

    These statistics underscore the importance of holding drunk drivers accountable for their actions. At Joye Law Firm, we believe that no one should have to suffer the consequences of someone else’s irresponsible decision to drink and drive.

    What Are the Myrtle Beach, SC Laws Against Drunk Driving?

    drunk driver in summerville holding an alcohol bottle while drivingIn South Carolina, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under 21, the legal limit is 0.02%.

    Penalties for a first-offense DUI in South Carolina may include:

    • A fine of $400 to $1,000
    • Jail time of 48 hours to 90 days
    • License suspension of six months
    • Installation of a BAIID (breath alcohol ignition interlock device)
    • Mandatory completion of an Alcohol and Drug Safety Action Program

    Penalties increase for subsequent offenses, including longer jail sentences, higher fines, and longer license suspensions.

    Who Is Liable After a Drunk Driving Car Accident in SC?

    In most cases, the intoxicated driver who caused the accident will be liable for any injuries and damages that result. However, South Carolina also has a dram shop law that may allow victims to hold alcohol vendors liable if they knowingly served alcohol to an underage or visibly intoxicated person who later caused an accident.

    To prove liability in a drunk driving accident case, your accident lawyer will need to show that:

    1. The driver was under the influence of drugs or alcohol at the time of the accident
    2. The driver’s intoxication caused the accident
    3. You suffered injuries and damages as a result of the accident

    Our drunk driving accident attorneys have the resources and experience to thoroughly investigate your case and gather the evidence needed to hold the intoxicated driver accountable.

    What Damages Can I Recover in a Drunk Driving Accident Claim?

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    After sustaining injuries or losses in a Myrtle Beach drunk driving accident, you may obtain compensation for a wide range of damages, including:

    • Medical expenses: This may include hospital bills, surgery costs, medication, physical therapy, and any other medical treatment related to your injuries. Your attorney will also work with experts to estimate the cost of any future medical care you may need.
    • Lost wages: If you had to miss work due to your injuries, you can seek compensation for your lost income.
    • Pain and suffering: You may be entitled to compensation for the physical pain and emotional distress you’ve experienced as a result of the accident.
    • Property damage: If your vehicle or other personal property was damaged in the accident, you can seek compensation for repairs or replacement.
    • Punitive damages: To punish the impaired driver for their reckless behavior and deter others from engaging in similar conduct, they may be forced to pay punitive damages. While not applicable in all auto accident claims, these damages are common in drunk driving claims due to their egregious nature.

    We will thoroughly assess your claim to determine all the compensation you need. You can then rely on us to work tirelessly to advocate for you and improve your chances of getting maximum compensation.

    Does the Insurance Company Pay if a Drunk Driver Hits You?

    In most cases, the at-fault driver’s insurance company will be responsible for paying your damages up to the limits of their policy. However, they may not have enough insurance coverage to fully compensate you for your injuries and losses.

    If the driver’s insurance does not cover all your damages, you may turn to your insurance policy for additional coverage.

    In South Carolina drivers who carry liability insurance must also carry uninsured motorist coverage. This coverage can provide compensation if you’re hit by a driver who doesn’t have insurance. We also recommend all drivers carry underinsured motorist coverage, which can be applied if the driver who hit you doesn’t have enough insurance to cover your damages. However, just because an insurance company should pay out a policy, doesn’t mean they will do it without a fight. Insurance companies and their defense attorneys will do anything they can to discredit your case and avoid paying the money you are rightly owed.

    At Joye Law Firm, our North Myrtle Beach drunk driving accident lawyers can help you navigate the complex insurance claims process and fight for the full compensation you deserve.

    How Long Do I Have to Sue a Drunk Driver Who Caused an Accident in SC?

    Attorneys at Joye Law Firm's Myrtle Beach officeIn South Carolina, the statute of limitations for most personal injury claims, including those caused by driving under the influence, is three years from the date of the accident. If you fail to have an attorney file your lawsuit within this time frame, the court may dismiss your case and bar you from recovering compensation for your injuries and losses.

    However, some exceptions apply to this general rule. For example, if the drunk driver who caused your accident was a government employee acting within the scope of their employment, you may have a shorter time frame to file a claim.

    Additionally, if the impaired driver who caused your accident faces criminal charges, you may need to wait until the criminal case is resolved before filing your civil lawsuit. The criminal case may provide valuable evidence and testimony that your lawyer can use to support your civil claim against them.

    Given the complexity of these issues and the strict time limits involved, you should speak with an experienced Myrtle Beach car accident attorney as soon as possible after your accident.

    At Joye Law Firm, our knowledgeable attorneys can explain your rights and options for pursuing a claim against the driver who injured you.

    Preventing Myrtle Beach Drunk Driving Accidents

    While our car accident lawyers are here to help you if a drunk driver injures you, we believe that the best way to address the problem of intoxicated driving is to prevent it from happening in the first place.

    Here are some tips for preventing drunk driving accidents:

    • Always designate a sober driver before drinking alcohol
    • Use a taxi, Uber, or Lyft if you’ve been drinking and need a ride home
    • Don’t let friends or family members drive if they have consumed drugs or alcohol
    • Support stricter drunk driving laws and enforcement efforts in your community

    By working together to prevent drunk driving, we can help make the Grand Strand a safer place for everyone.

    Our Myrtle Beach Drunk Driving Lawyers Help Car Crash Victims

    If you’re dealing with serious injuries or a devastating loss because of a drunk driving accident in Myrtle Beach, Murrells Inlet, Conway, or the surrounding area, the dedicated DUI accident lawyers at Joye Law Firm are here to help.

    We understand the physical, emotional, and financial challenges you’re going through because we’ve helped thousands of people just like you. We promise to do all we can to help you hold the drunk driver accountable and to obtain the full and fair compensation you deserve.

    When choosing a lawyer, consider the advantages of contacting a local Myrtle Beach law firm with a proven track record, like Joye Law Firm.  We live and work here, and are familiar with local laws. These are just a few of the results we’ve achieved for victims of drunk driving:

    • $1.18 million settlement secured for a woman and her son after being T-boned by a drunk driver. Attorney Brent Arant fought to hold the responsible party accountable for the damages caused.
    • A $3.5 million settlement was achieved in a dram shop action for a young woman who suffered severe head injuries in a car crash. The accident was caused by a minor who had been improperly sold alcohol by a convenience store.

    Contact us today at (843) 215-3100 to request your free consultation with one of our compassionate Myrtle Beach drunk driving accident lawyers. We offer the exclusive No Fee Guarantee, which means you won’t owe us any attorney fees unless we recover compensation for you.

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