Drunk driving accidents are not only dangerous but also illegal, often leaving victims with significant medical bills, lost wages, and emotional distress. While criminal penalties hold the drunk driver accountable, they don’t provide compensation for your damages.
In South Carolina, victims can pursue justice through a personal injury claim or lawsuit, including claims against establishments or social hosts under the state’s dram shop and social host liability laws.
Navigating these legal avenues can be complex, which is why having an experienced attorney by your side is essential to ensure you recover the compensation you deserve.
Drunk Driving and Its Consequences in South Carolina
What is the Legal Blood Alcohol Concentration (BAC) Limit in South Carolina?
In South Carolina, the legal BAC limit is 0.08% for drivers aged 21 and over, and 0.04% for commercial drivers. Drivers under the age of 21 are subject to a zero-tolerance policy, where a BAC of 0.02% or higher can result in a DUI charge.
If a driver exceeds these limits and causes an accident, they may face both criminal charges and civil claims for damages from victims.
Can You File a Civil Lawsuit Against a Drunk Driver in South Carolina?
Yes, if you are injured by a drunk driver in South Carolina, you can file a personal injury lawsuit to seek compensation for your damages. A civil lawsuit can provide compensation beyond what insurance may cover, addressing losses like medical expenses, lost wages, and non-economic damages such as pain and suffering.
If the drunk driver acted with gross negligence, the court may also award punitive damages to punish the driver and deter similar behavior.
Understanding South Carolina’s Dram Shop and Social Host Liability Laws
What Are Dram Shop Laws, and How Do They Work in South Carolina?
South Carolina recognizes dram shop liability, meaning that bars, restaurants, and other establishments can be held responsible if they overserve alcohol to a visibly intoxicated person who then causes an accident.
Establishments have a duty to stop serving alcohol to patrons who are clearly impaired, as continuing to serve them can lead to dangerous situations on the road.
For example, if a bar overserves a patron who later causes a drunk driving accident, the bar can be held liable for the victim’s injuries and damages.
Are Social Hosts in South Carolina Liable for Drunk Driving Accidents?
Yes, South Carolina also imposes liability on social hosts who serve alcohol at private events. If a social host provides alcohol to an intoxicated guest, especially if that guest is a minor, and that guest then causes an accident, the host may be held partially responsible for any resulting damages.
However, proving liability can be challenging and often requires evidence that the host knew the guest was intoxicated and provided alcohol anyway.
The Impact of Comparative Negligence in South Carolina
What is Comparative Negligence, and How Does it Affect Drunk Driving Claims?
Unlike some other states, South Carolina follows a modified comparative negligence rule. This rule allows victims to recover damages even if they are partially at fault for the accident, as long as they are not more than 50% responsible.
However, the compensation will be reduced by the percentage of fault assigned to the victim. For example, if a victim is found to be 20% at fault, their compensation will be reduced by 20%.
Can You Still Receive Compensation if You Are Partially at Fault?
Yes, under South Carolina’s modified comparative negligence rule, you can still receive compensation if you are partially at fault, as long as your responsibility for the accident does not exceed 50%.
In cases involving drunk drivers, proving that the driver’s actions were the primary cause of the accident is essential to maximizing compensation, even if some fault is assigned to the victim.
Types of Damages in Drunk Driving Accident Claims
What Types of Damages Are Available in South Carolina Drunk Driving Cases?
In South Carolina, victims of drunk driving accidents can pursue three main types of damages:
- Economic Damages: These damages cover tangible expenses, including:
- Medical bills and ongoing medical care
- Rehabilitation and therapy costs
- Lost wages and loss of future earning capacity
- Property damage, such as vehicle repairs
- Non-Economic Damages: Non-economic damages compensate for intangible losses, like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
- Punitive Damages: These damages are awarded in cases where the driver’s behavior was especially reckless or egregious. South Carolina allows punitive damages to punish the drunk driver and deter future misconduct. The state does cap punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater, unless the court finds clear and convincing evidence of intentional misconduct.
Can Families Pursue Wrongful Death Claims?
Yes, if a loved one dies in a drunk driving accident, family members can pursue a wrongful death claim. In addition to economic and non-economic damages, wrongful death claims in South Carolina can also include compensation for funeral expenses, loss of companionship, and loss of the deceased’s financial support.
Additional Avenues for Compensation
What If the Drunk Driver Has Insufficient or No Insurance?
If the drunk driver is underinsured or uninsured, victims in South Carolina can turn to their uninsured motorist (UM) or underinsured motorist (UIM) coverage.
UM and UIM coverage can help bridge the gap between the drunk driver’s coverage and the victim’s total damages. Additionally, pursuing dram shop or social host claims can provide additional sources of compensation if the driver lacks adequate insurance.
How Long Do You Have to File a Claim in South Carolina?
South Carolina generally allows victims to file a personal injury claim within three years of the accident date. However, wrongful death claims must be filed within three years from the date of the victim’s death. It’s crucial to file within these deadlines, as missing them can bar you from recovering any compensation.
How Auger and Auger Can Assist with Your Case
What Steps Should You Take After a Drunk Driving Accident?
If you’re involved in a drunk driving accident, taking the following steps can help protect your rights and strengthen your case:
- Call Emergency Services to ensure that medical help arrives and the accident is officially documented by law enforcement.
- Seek Immediate Medical Attention for any injuries, even if they seem minor at first. Some injuries may not be immediately apparent.
- Collect Evidence, such as photos of the accident scene, contact information for witnesses, and a copy of the police report.
- Consult an Attorney, who can help you understand your legal options, handle negotiations with insurance companies, and pursue claims against liable parties.
At Auger and Auger, we have extensive experience in drunk driving accident cases. Our team can assist with collecting evidence, building a compelling case, and navigating South Carolina’s legal system. We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Contact Auger and Auger for a Free Consultation
If you or a loved one has been injured by a drunk driver in South Carolina, Auger and Auger can help you seek justice. With over 30 years of experience, we understand the complexities of South Carolina’s dram shop and comparative negligence laws and are prepared to fight for the compensation you deserve.
Contact us today for a free, no-obligation consultation, and let us help you take the first step toward recovery.
