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After suffering injuries in a drunk driving accident, you need a strong legal team to advocate for your rights to compensation. Our Summerville, SC, drunk driving accident attorneys at Miller, Dawson, Sigal & Ward can help you build a strong case.
The Thumbs Up Guys are dedicated to helping you recover the maximum compensation and holding the negligent parties accountable. Our Summerville car accident lawyers can review your case for free.
Holding Drunk Drivers Accountable in Summerville
Drunk driving accidents can have devastating consequences, often resulting in serious injuries or death. In addition to the physical and emotional toll these accidents can take, they can also have serious legal consequences for the drunk driver responsible for the accident.
In Summerville, drunk drivers can face criminal charges for driving under the influence (DUI) or while intoxicated (DWI). These charges can result in fines and even jail time, depending on the severity of the offense. However, criminal charges alone may not be enough to compensate victims of drunk driving accidents fully.
That’s where working with a personal injury lawyer in Summerville can help. We can help you file a claim against the drunk driver’s insurance company to get financial compensation. If they refuse to pay for your damages, we’ll take them to court on your behalf.
Common Injuries in Drunk Driving Accidents
Drunk driving crashes often result in severe injuries due to the impaired judgment and delayed reaction times of intoxicated drivers. The responsible party, under the influence of alcohol, can cause injuries to accident victims like:
Traumatic Brain Injuries (TBI)
Traumatic brain injuries can range from mild concussions to severe brain damage. These injuries can cause long-term cognitive impairment, memory loss, and personality changes. TBIs may require extensive rehabilitation and ongoing medical care, significantly impacting the victim’s quality of life and ability to work.
Spinal Cord Injuries
Spinal cord injuries can result in partial or complete paralysis, potentially leading to loss of sensation or function below the injury site. These devastating injuries often require lifelong medical treatment and assistive devices, dramatically altering the victim’s lifestyle and independence.
Broken Bones and Fractures
Broken bones and fractures commonly affect arms, legs, ribs, and pelvis in drunk driving accidents. These injuries may require surgery, casting, and physical therapy to heal properly. Even after treatment, victims might experience chronic pain and limited mobility, affecting their ability to perform daily activities or return to work.
Whiplash and Neck Injuries
Whiplash and neck injuries often occur in rear-end collisions, which are common in drunk driving accidents. These injuries can cause persistent pain, stiffness, and reduced range of motion. If left untreated, they may lead to long-term complications and chronic pain.
Internal Injuries
Internal injuries, including damage to organs such as the liver, spleen, or kidneys, may not be immediately apparent but can be life-threatening. These injuries often require emergency surgery and extended hospital stays.
Cuts, Lacerations, and Burns
Cuts, lacerations, and burns can result from broken glass, deployed airbags, or vehicle fires in drunk driving accidents. These injuries may lead to significant scarring and disfigurement, potentially requiring plastic surgery or skin grafts.
Psychological Trauma
Psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression, is common among victims of drunk driving accidents. These invisible injuries can significantly impact the quality of life and ability to work. Victims may require long-term therapy and counseling to cope with the emotional aftermath of the accident.
Soft Tissue Injuries
Soft tissue injuries involve damage to muscles, ligaments, and tendons. These injuries can cause chronic pain and reduced mobility, affecting the victim’s ability to perform everyday tasks. Treatment may include physical therapy and ongoing pain management, potentially leading to substantial medical expenses and lost wages.
Our experienced Summerville drunk driving accident attorneys at Miller, Dawson, Sigal & Ward can help you document your injuries thoroughly and seek appropriate compensation for your medical expenses, lost wages, pain and suffering, and other damages related to these injuries.
Damages You Can Recover After a Summerville Drunk Driving Accident
If you or a loved one have a drunk driving accident case, you may be entitled to recover several types of damages.
Economic damages are those with a clear monetary value, such as:
- Medical expenses
- Lost wages
- Property damage
- Loss of income
- Transportation costs
Non-economic damages are less tangible losses that do not have a clear monetary value, including:
- Loss of consortium
- Pain and suffering
- Loss of companionship
- Mental anguish
You may also qualify for punitive damages. Punitive damages are a punishment by the court against the person who harmed you by adding extra money to your judgment. At the same time, much rarer than economic and non-economic damages, punitive damages can be a way to achieve justice for egregiously reckless behavior.
Wrongful Death Claims After a Drunk Driving Accident
In the tragic event that a drunk driving accident results in a fatality, the victim’s family may have grounds for a wrongful death claim. These claims seek justice and compensation for the immeasurable loss suffered by the deceased’s loved ones.
Under South Carolina law, the executor or administrator of the deceased’s estate is responsible for filing a wrongful death claim. This is typically a close family member, such as a spouse, child, or parent. If there is no will or appointed executor, the court may appoint someone to act on behalf of the estate.
In cases involving drunk driving, the at-fault driver’s intoxication can significantly strengthen the wrongful death claim. It demonstrates gross negligence, which can lead to higher compensation awards, including punitive damages. Speak with our wrongful death lawyers in Summerville if you’re in this tragic situation.
What Information Should You Prepare Before Your Free Consultation?
Before getting in touch with our team, you should gather several pieces of information. This information can help our attorneys better understand your case and determine the best course of action for pursuing compensation. Some of the information you should prepare includes:
- Details about the accident: This includes the date, time, and location of the accident, as well as any police reports or witness statements.
- Medical records and bills: Any medical records or bills related to the accident can help our attorneys understand the extent of your injuries and the costs associated with your treatment.
- Insurance information: You should have information about your insurance policy and the insurance policy of the other driver involved in the accident.
- Employment information: If you have lost wages due to the accident, you should have information about your employment situation and the income you have lost.
- Pictures or videos: Any pictures or videos you have of the accident scene, your injuries, or the damage to your vehicle can help our attorneys build a stronger case.
Gathering this information before your consultation can help our attorneys better understand the details of your case and provide you with more personalized legal advice.
However, don’t worry if you don’t have all of this information. Our Summerville drunk driving accident lawyers can still help you understand your legal options and work with you to gather any additional information needed to build a strong case.
Understanding South Carolina’s Drunk Driving Laws
In South Carolina, drunk driving is officially termed “driving under the influence” (DUI). A driver can be charged with DUI if they operate a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher
- Under the influence of alcohol to the extent that their faculties are materially and appreciably impaired
- Under the influence of any other intoxicating substance that impairs their ability to drive safely
Implied Consent Law
By driving on South Carolina roads, all motorists implicitly consent to chemical tests of their breath, blood, or urine if arrested for DUI. Refusing to take a test results in automatic license suspension, which can be used as evidence of guilt in criminal and civil proceedings.
Open Container Law
South Carolina prohibits the possession of open containers of alcohol in vehicles. This law applies to drivers and passengers and can be used as evidence of impairment in accident cases.
Felony DUI
A drunk driver can be charged with felony DUI if they cause great bodily injury or death while driving under the influence. This charge carries severe criminal penalties and can significantly impact a civil case for damages.
How Long Do You Have to File a South Carolina Drunk Driving Accident Claim?
According to the South Carolina Code of Laws § 15-3-530, you must file a personal injury claim three years from the accident date. This statute of limitations applies to all personal injury claims, including those related to drunk driving accidents. If you do not file a claim within this period, you may lose your right to pursue compensation for your losses.
Working with an experienced drunk driving accident attorney in Summerville, SC, as soon as possible after the accident is important to make sure that your legal rights are protected and that you have the best chance of recovering the compensation you deserve from the insurance company.
Parties That Can Be Liable in a Summerville Drunk Driving Accident
There may be several liable parties after your drunk driving accident. The Thumbs Up Guys can help you hold the following parties accountable:
The Drunk Driver
The primary party responsible for damages in a drunk driving accident is the drunk driver who caused the accident. Drunk drivers may face criminal charges for driving under the influence or intoxicated.
Depending on the severity of the offense, these charges can result in fines, license suspension, and even jail time. It’s important to note that even if drunk drivers are not charged with a criminal offense, they may still be held responsible for damages in a civil lawsuit.
The Establishment That Served Alcohol
According to South Carolina’s dram shop law, establishments that serve alcohol to visibly intoxicated individuals may also be held liable for damages caused by those individuals. This law is designed to hold bars, restaurants, and other establishments accountable for serving alcohol to individuals who are intoxicated and may pose a danger to themselves and others.
Establishments that serve alcohol must monitor their patrons and make sure that they are not serving alcohol to individuals who are visibly intoxicated. If they fail to do so and an accident occurs, they may be liable for the damages.
The Vehicle Owner
If the drunk driver was operating a vehicle that did not belong to them at the time of the accident, the vehicle’s owner may also be held responsible for the damages caused. You can hold the vehicle owner liable under the legal theory of negligent entrustment, which holds that the vehicle owner must make sure that they only entrust their vehicle to responsible drivers.
To establish negligent entrustment, our Summerville, SC, drunk driving accident attorneys can prove that the vehicle owner knew or should have known that the person they entrusted their vehicle to was likely to cause an accident.
Government Entities
In some cases, government entities can also be liable. For example, if a drunk-driving accident was caused by a poorly maintained road or a malfunctioning traffic light, the government entity responsible for maintaining those roadways may be liable for damages.
However, holding government entities responsible for damages can be complex and may require following different legal rules and procedures.
If you or a loved one has been injured in a Summerville drunk driving accident, it’s essential to work with an experienced drunk driving accident attorney in Summerville.
The Miller, Dawson, Sigal & Ward team can help you understand your legal options and build a solid case to pursue compensation.
Contact Us After a Drunk Driver Injures You
At Miller, Dawson, Sigal & Ward, our Summerville drunk driving accident attorneys can help you recover the compensation you qualify for. The Thumbs Up Guys don’t stop until you get the desired results.
Contact us for a free consultation today about your personal injury lawsuit against an impaired driver who harmed you or your loved one.
