Drunk driving is a serious crime that can have tragic consequences. If you or a loved one is injured in a drunk driving accident in Charleston, South Carolina, you need a skilled and experienced Charleston car accident lawyer attorney on your side.
Having recovered millions for our clients, each Charleston drunk driving accident lawyer at Shelly Leeke Law Firm is dedicated to fighting for the rights of victims and holding negligent drivers accountable.
Your Legal Rights as a Drunk Driving Accident Victim
South Carolina victims of drunk driving accidents can pursue compensation through a personal injury claim, which allows individuals harmed by another’s negligence to recover damages for their injuries and losses.
In the context of a drunk driving accident, the impaired driver is typically negligent because they violated their duty of care to operate their vehicle safely. As a victim, you have the right to pursue compensation with the help of a Charleston personal injury lawyer for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of enjoyment of life
Wrongful Death Claims
If a drunk driving accident tragically took a loved one’s life, South Carolina law allows certain family members to file a wrongful death claim. Wrongful death claims compensate the surviving family members for their loss.
In Charleston, immediate family members such as spouses, children, and parents can typically file a wrongful death lawsuit.
Compensation in a wrongful death claim may include funeral and burial expenses, medical bills incurred prior to the victim’s death, loss of financial support, companionship, and guidance, and emotional pain and suffering endured by the surviving family members.
Our Charleston wrongful death lawyers can fight to get you maximum compensation after losing a loved one due to a drunk driver’s negligence. While no amount of money will bring back your family member, it can help ease the financial burden of unexpectedly losing your loved one.
What Is a Drunk Driving Accident?
A drunk driving accident occurs when a motor vehicle collision involves a driver operating under the influence of alcohol or drugs. Legally, a driver is considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher.
There are SC laws relative to impaired driving that prohibit driving with a BAC at or above this limit; however, even lower levels of intoxication can impair a driver’s ability to operate a vehicle safely and lead to dangerous situations on the road.
These accidents often result in catastrophic injuries or fatalities due to the impaired driver’s diminished reaction times, poor judgment, and inability to control their vehicle.
Victims of drunk driving accidents typically face more severe consequences than in other types of traffic accidents due to the reckless nature of the intoxicated driver’s actions.
If you are the victim of a drunk driver, contact our drunk driving accident attorneys in Charleston to learn how we may be able to help you recover compensation for your injuries.
South Carolina DUI Laws
South Carolina takes driving under the influence (DUI) seriously. Specific laws are in place to deter drivers from operating vehicles while intoxicated. According to the South Carolina Code of Laws § 56-5-2930, it is illegal to operate a vehicle while:
- Under the influence of alcohol to the extent that a person’s faculties to drive are impaired.
- Having a BAC of 0.08% or higher.
- Under the influence of any controlled substance, such as prescription drugs, illegal narcotics, or other impairing substances.
The BAC limit is even lower for drivers under the age of 21. South Carolina follows a zero-tolerance law. This law prohibits drivers under 21 from having a BAC of 0.02% or higher while operating a vehicle.
Consequences of Drunk Driving
Drunk driving accidents are one of the leading causes of motor vehicle fatalities and serious injuries in South Carolina. In fact, South Carolina ranks second in the nation for DUI fatalities.
Charleston, with its bustling tourism industry, popular nightlife, and busy roads, sees a disproportionate number of DUI-related crashes.
The consequences of drunk driving are not just limited to the driver. Victims can include passengers, pedestrians, bicyclists, and other motorists. Common consequences of drunk driving include:
- Severe injuries: You may suffer broken bones, traumatic brain injuries (TBIs), spinal cord injuries, internal injuries, and disfigurement.
- Loss of life: Tragically, fatalities are a result of many drunk driving accidents, leaving families devastated.
- Emotional and financial hardships: Beyond physical injuries, you and your family may suffer long-term emotional trauma, as well as financial difficulties due to medical bills, lost wages, and other expenses.
In South Carolina, drunk drivers who cause accidents can face criminal charges and civil liability. Criminal charges may lead to fines, jail time, and the loss of driving privileges, while civil liability means you can hold drunk drivers financially responsible for the damages they cause.
Our Charleston drunk driving accident attorneys can investigate your accident and determine whether a civil lawsuit is an option for you.
Steps to Take After a Drunk Driving Accident
If you are involved in a drunk driving accident, it is crucial to take immediate action to protect your rights. There are several steps you should take. These include:
- Prioritizing medical attention: After a drunk driving accident, the most important thing to do is seek medical attention, even if you feel that your injuries are minor. Document your medical treatment and follow through with all recommended care.
- Reporting the accident: In South Carolina, drivers must report any accident that involves injury, death, or property damage. When officers arrive at the scene, they will investigate the crash and document important details in a police report, including any evidence of drunk driving.
- Gathering evidence: Gather as much evidence as you can from the scene of the accident. Take photographs of the vehicles, road conditions, traffic signs, and any visible injuries, and collect the names and contact information of any witnesses who saw the crash.
- Notifying your insurance company: Provide your insurance company with the details of the crash and any evidence you have gathered as soon as possible. However, be cautious when speaking with insurance adjusters, as they may try to minimize your claim.
- Contacting an attorney: One of the most important steps you can take after a drunk driving accident is to contact an experienced drunk driving accident lawyer in Charleston. Our skilled attorneys can help you navigate the legal process, protect your rights, and fight for the compensation you deserve.
Shelly Leeke Law Firm Can Help You Get Justice
If you or a loved one are injured in a drunk driving accident in Charleston, it is crucial to take immediate action to protect your rights and secure the compensation you need to recover. Do not let a drunk driver’s reckless actions destroy your future.
Contact our Charleston drunk driving accident lawyer today for a free consultation and take the first step toward justice.
