How Can an Attorney Help After Being Hit by a Drunk Driver in Spartanburg?
Hiring a South Carolina personal injury lawyer to handle your case should allow you to focus on healing while the attorneys and their legal team handle everything else. Your attorney should:
- Investigate the accident to determine what exactly happened and who all should be held financially and legally responsible for the harm you’ve experienced.
- Strengthen your case by gathering evidence like witness statements, photos, and video footage from dashcams or nearby businesses and working with experts to further prove the impact the injuries have had on your life.
- Help you find quality medical providers that will treat your injuries and speak to the harm that was caused by the drunk driver.
- Negotiate with the insurance company and ensure they understand the full impact of the accident.
When a Bar or Restaurant Might Be Responsible for a Drunk Driving Crash in Spartanburg
Drunk driving injury cases are different than other car accident injury cases. Most notably, there may more than one person responsible for causing the wreck. In South Carolina, dram shop liability laws dictate that if a bar or restaurant overserved a person and then allowed him/her to drive on our roadways, the business can be held responsible for the damage caused by the drunk driver.
Our team can investigate the accident and determine if a bar or restaurant enabled the accident to happen by collecting receipts, gathering witness testimony, and more. If dram shop liability is relevant, we can pursue financial recovery from both the driver’s insurance policy as well as the business’ commercial insurance policy.
When the bar or restaurant gets involved, there is typically much more on the line through their commercial insurance policy, so the case is more vigorously defended by the bar’s insurance company.
Our injury attorneys have handled numerous dram shop liability cases and have a reputation for securing full, fair recoveries for harm caused by drunk drivers and the businesses that overserve them.
Blood Alcohol Content and How It May Affect Your Case
In South Carolina, the legal limit for blood alcohol content (BAC) is 0.08 for anyone over 21. If the at-fault driver exceeded the legal limit, they can be charged in a criminal and civil case.
If we can confirm that the driver was intoxicated, it also opens the avenue for a possible dram shop liability case as well as punitive damages. Punitive damages can be considered when the at-fault person acted with a willful disregard for the safety of others. Drunk driving is commonly viewed as reckless behavior that justifies punitive damages.
Damages in a Spartanburg DUI Injury Case
Compensation varies for drunk driving accident access depending on the severity of injury and the insurance policy limits of the at-fault party. Damages in a drunk driving accident case may include:
- Lost wages
- Property damages
- Medical and rehabilitation
- Pain and suffering
- Lost enjoyment
- Lasting physical disabilities or disfigurement
You may also be able to seek punitive damages in cases where there was gross negligence and willful disregard for the safety of others. These damages are meant to deter the at fault party from repeating the offense that caused the crash.
How Long Do I Have to File an Injury Claim After a Drunk Driving Accident in South Carolina?
In South Carolina, you have 3 years to file an injury claim against the at fault driver.
When Spartanburg Drunk Driving Wrecks are Fatal
If you have lost a loved one to a drunk driving crash, we are truly sorry for your loss. While the person may be held accountable through criminal court, a civil case is where the family can seek restitution to help cover the financial loss incurred when you lose a loved one unexpectedly. Damages in a wrongful death claim may include:
- Funeral expenses
- Lost companionship
- Survival claim
You should not have to take on the financial hardship in addition to the immense burden you are already enduring after the death of your family member or friend. We are here to answer your questions, provide guidance, and advocate on your behalf so the responsible person is held accountable.
Who You Hire Matters – Contact Us for a Free Consultation
It’s important to do your research before hiring an attorney for your drunk driving accident case in Spartanburg because who you hire matters. You only have one chance to seek justice. Your legal team should be equipped to help you seek top results. At the Law Office of Kenneth Berger, we prepare every case as if it were going to trial. Insurance companies know this and recognize that we are not easily swayed by anything other than full justice.
Our firm places a great emphasis on client care and is committed to making sure every single client has an incredible experience with our team. Our clients receive personalized attention and can expect to hear from their legal team on a regular basis. We believe you should be kept in the loop every step of the way.
Contact us today for a free consultation by starting a live chat or calling 864-501-5619 to see how we can help you. We look forward to talking with you.