If you have been injured in a drunk driving wreck in South Carolina, you have a legal right to recover all actual damages, as well as punitive damages. Additionally, an experienced South Carolina drunk driving accident lawyer can help identify every potential defendant, so that all responsible parties are held accountable. At the Law Office of Kenneth Berger, we don’t want anyone who contributed – be it through driving or overserving – to escape responsibility. We’ve included answers to common questions about DUI wrecks below. If you've been hit by a drunk driver, call our drunk driving accident lawyers at (803) 790-2800 or use the live chat box below to request a free consultation. Our law firm is centrally located in Columbia, SC, but our accident lawyers handle injury cases across South Carolina, including Greenville, Myrtle Beach, and Orangeburg.
What is the average settlement for being hit by a drunk driver?
As with all personal injury cases, there is no exact formula to determine how much compensation someone should receive after a DUI accident. However, there are a few factors that can help determine what a fair settlement should be if you were in a wreck with an intoxicated driver in South Carolina:- Severity of Injury
- Medical Bills
- Lost Wages
- Punitive Damages
Drunk Driving Statistics
- South Carolina has the 3rd highest rate of people killed in crashes involving a drunk driver.SC also has the 6th highest rate of drunk drivers under the age of 21.
- Drivers with a BAC over .10 are 7 times more likely to be in a fatal crash.
- Over 10,000 Americans are killed by drunk drivers each year, according to the CDC.
- Nearly 22,000 DUI arrests were made in SC last year.
- There were 291 fatalities in 2023 as a result of drunk driving in South Carolina.
- I got hit by a drunk driver – who can the bar that overserved them be held responsible in South Carolina?
- I was in a wreck with an uninsured drunk driver, what should I do?
- What is considered driving under the influence in South Carolina?
- How can a personal injury lawyer help after being hit by a drunk driver?
I got hit by a drunk driver – can the bar that overserved them be held responsible?
According to South Carolina’s dram shop laws, responsibility for a drunk driving accident doesn’t just fall on the person who chose to drive under the influence. Bars, restaurants, and other businesses that overserve customers and allow them to drive away can be held liable for the destruction caused by the intoxicated person. For example, if a person who is served 10 beers at a local pub tries to drive home and injures a family of four, the pub (in addition to the driver) and its insurance company may be responsible for compensating the family for their losses.
Dram Shop Laws & Overserving Alcohol in South Carolina
In South Carolina, “dram shop liability” refers to the idea that if an establishment is responsible for getting a person drunk, they are responsible for that person’s actions after the person leaves the establishment. This means that bars and restaurants have a responsibility to not over serve alcohol to their patrons. If a drunk driver injures or kills another person after leaving an establishment that served them alcohol, both the establishment that served them and the drunk driver can be held responsible.
Our South Carolina drunk driving attorneys work hard to help the victims of drunk driving accidents hold all the at-fault parties accountable. Our goal is to help injured people receive full compensation for their losses. If you believe the South Carolina dram shop laws may be applicable to your case, don’t hesitate to reach out to our attorneys with questions or to schedule a free consultation. We are dedicated to serving as a resource for drunk driving related incidents in our community.
I was in a wreck with an uninsured drunk driver, what should I do?
If you were hit by an uninsured drunk driver, fortunately you have a couple options. First of all, all car insurance policies in South Carolina include uninsured motorist coverage, which protects you from anyone that may be driving on our roads without insurance. If you were hit by an uninsured driver, you should file an uninsured coverage claim with your auto insurance provider.
Furthermore, if you have multiple cars at your household that are covered on your insurance policy, you can “stack” your insurance policies to help ensure you receive fair compensation. For example, if you have two insured vehicles at your home, each with a $25,000 uninsured policy, you can stack them to receive $50,000 in coverage.
What is considered driving under the influence in South Carolina?
In South Carolina, driving under the influence is defined as operating a vehicle while under the influence of:
- Alcohol;
- Narcotics;
- Prescription pain killers; or
- Marijuana
It is illegal to drive in our state if your blood alcohol content (BAC) is 0.08 or higher. However, if you are under the age of 21, the limit is 0.02 percent or higher, and if you are driving a commercial vehicle, the limit is 0.04 percent or higher.
How can a personal injury attorney help me after a crash with a drunk driver?
The right accident lawyer will allow you to focus on healing while they take care of all the other factors of your case, such as dealing with the insurance companies, securing evidence, uncovering all potential defendants and insurance policies, identifying skilled doctors to provide medical treatment, and negotiating with healthcare providers to reduce your medical bills.
Additionally, our law firm handles all cases on a contingency fee basis, meaning you do not pay anything unless we recover money for you.
Talk with Our Drunk Driving Accident Lawyers Today
All too often South Carolina is on the list of deadliest states for drunk driving. In 2018, nearly 30 percent of traffic fatalities in South Carolina involved people driving under the influence of alcohol. This is unacceptable.
At the Law Office of Kenneth Berger, our accident lawyers work on life-altering injury and wrongful death cases day in and day out. Our clients become family, and our top priority is protecting their legal rights and holding the responsible parties accountable. For us, that means not backing down against stubborn insurance adjusters, spending hours conducting research, locating witnesses, securing experts, and making sure our clients are informed every step of the way.
When innocent people are injured by drunk drivers, we are here to help. To speak with one of our skilled drunk driving accident attorneys, call our Columbia, South Carolina office at (803) 790-2800 or reach out to us by using the live chat box below. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly servicing clients throughout the surrounding areas. We have helped many people across our state, and we would be honored to help you as well.