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South Carolina Drunk Driving Accident Lawyers
Legal advocacy across the state when you are injured by a drunk driver
Drunk driving accidents are entirely preventable tragedies that can shatter lives and families in an instant. Every year, countless innocent individuals suffer severe injuries, or worse, lose their lives due to the negligence of an intoxicated driver. If you or a loved one have experienced the devastating effects of a drunk driving accident, it is important to know that you are not alone. The South Carolina drunk driving accident lawyers at McGowan, Hood, Felder & Phillips, LLC can guide you through the process with compassion and confidence.
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How Can We Help?
- How often do drunk driving accidents happen?
- What injuries are caused by drunk drivers in South Carolina?
- Who is liable for my South Carolina drunk driving accident?
- What is the statute of limitations for a South Carolina drunk driving accident claim?
- How long does an insurance company have to settle a claim in South Carolina?
- What is my drunk driving accident case worth?
- Do you have a drunk driving accident attorney near me?
How often do drunk driving accidents happen?
The National Highway Traffic Safety Administration (NHTSA) reports, “Every day, about 37 people in the United States die in drunk-driving crashes — that's one person every 39 minutes. In 2021, 13,384 people died in alcohol-impaired driving traffic deaths — a 14% increase from 2020. These deaths were all preventable.”
What injuries are caused by drunk drivers in South Carolina?
Some common injuries resulting from accidents caused by drunk drivers include:
- Traumatic brain injuries (TBI). Drunk driving accidents often involve high-impact collisions, which can cause severe head injuries, including concussions, contusions, and traumatic brain injuries. TBIs can lead to long-term cognitive impairments, memory loss, and other neurological issues.
- Spinal cord injuries. In serious accidents, the spinal cord may be damaged, leading to partial or complete paralysis. Spinal cord injuries can have a life-altering impact on a person's mobility, sensation, and overall quality of life.
- Fatal injuries. Per the Post and Courier, “alcohol-related deaths in South Carolina spiked 26% from 2020 to 2021, on top of a 14% increase the prior year. The state went from 319 fatalities in 2020 to 401 in 2021, surpassing a death a day.
- Bone breaks and fractures. Drunk driving accidents can result in fractures and breaks in various bones, such as arms, legs, ribs, and pelvis. The severity of the fractures depends on the force of the impact and the specific circumstances of the accident.
- Internal Injuries. The force of a drunk driving collision can cause internal injuries, including damage to organs such as the liver, spleen, kidneys, or lungs. Internal bleeding and organ damage can be life-threatening and may require immediate medical attention.
- Burns. If a drunk driving accident involves a fire or explosion, victims can suffer severe burns. Burns can cause disfigurement, scarring, and long-term physical and emotional trauma.
- Psychological trauma. In addition to physical injuries, drunk driving accidents can also result in significant psychological trauma. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues following the accident.
Who is liable for my South Carolina drunk driving accident?
In South Carolina, liability for a drunk driving accident typically rests on the intoxicated driver who caused the accident. Drunk driving is considered negligent, as well as a violation of the law. However, in certain circumstances, liability can extend beyond the driver. Here are some potential parties who may be liable for your car crash:
- The drunk driver. The primary party held responsible for the accident is the intoxicated driver. Their impaired state and violation of traffic laws establish their liability for the damages and injuries caused.
- Establishments serving alcohol. South Carolina has laws regarding dram shop liability, which means that under certain circumstances, establishments that serve alcohol may be held partially responsible for the accident. If it can be proven that a bar, restaurant, or other establishment continued serving alcohol to a visibly intoxicated individual who later caused the accident, they may share liability for the damages.
- Social hosts. In some cases, a social host who provided alcohol to an individual who subsequently caused a drunk driving accident may be held liable. It’s important to note that South Carolina does not have specific social host liability laws, but under certain circumstances, liability could be established if the host knowingly served alcohol to a visibly intoxicated person or a minor.
- Vehicle owners. If the drunk driver was operating a vehicle owned by someone else at the time of the accident, the vehicle owner may be held liable, under certain circumstances. For example, if the owner knowingly lent their vehicle to an intoxicated individual or if the owner negligently entrusted the vehicle to someone unfit to drive, they could share liability for the accident.
Determining liability in a drunk driving accident can be complex, and it's advisable to consult with a South Carolina car accident attorney. They can assess the specific details of your case, gather evidence, and guide you through the legal process to help you seek compensation for your injuries and damages.
What is the statute of limitations for a South Carolina drunk driving accident claim?
The statute of limitations for a personal injury claim arising from a drunk driving accident in South Carolina is generally three years. This means that you have three years from the date of the accident to file a lawsuit against the at-fault party for your injuries and damages.
How long does an insurance company have to settle a claim in South Carolina?
Per WalletHub:
Insurance companies in South Carolina do not have a specific amount of time in which they must settle an insurance claim. Instead, state law requires them to settle claims with “reasonable promptness”.
Even though South Carolina does not require a specific time frame for the resolution of insurance claims, you still have the right to an efficient settlement. If you think that your insurance company is violating the law or operating unethically, you can file a “bad faith” lawsuit, which can award you the original settlement amount with added interest and penalties.
What is my drunk driving accident case worth?
Determining the value of a drunk driving accident case in South Carolina requires evaluating a variety of factors, including:
- Nature and extent of your injuries. The severity and long-term effects of your injuries play a significant role in determining the value of your case. This includes considering factors such as medical expenses, ongoing treatment and rehabilitation costs, pain and suffering, disability, and loss of enjoyment of life.
- Property damage. The value of any property damage, such as vehicle repairs or replacement, may be included in the compensation sought in your case.
- Economic damages. Economic damages refer to financial losses incurred because of the accident, including medical bills, lost wages, and diminished earning capacity. These tangible losses are typically easier to calculate.
- Comparative fault. South Carolina follows a comparative negligence system, which means that if you were partially at fault for the accident, your compensation may be reduced proportionately. The degree of fault assigned to each party involved will affect the overall value of your case.
- Insurance coverage. The insurance policies involved, including your own insurance coverage and that of the drunk driver, will influence the compensation available. Insurance policy limits may cap the amount you can recover.
- Punitive damages. In some cases, South Carolina allows for the possibility of punitive damages in drunk driving accidents. These damages are meant to punish the drunk driver for their reckless conduct and deter similar behavior. However, the criteria for awarding punitive damages can be stringent, and they are not guaranteed in every case. Our attorneys work for punitive damages when appropriate.
- Legal representation. The experience, strategy, and negotiation skills of your personal injury attorney can significantly affect the value of your case. An attorney will help build a strong case, gather evidence, accurately assess damages, and negotiate with insurance companies to seek fair compensation.
Do you have a drunk driving accident attorney near me?
McGowan, Hood, Felder & Phillips, LLC is located at 1539 Health Care Drive in Rock Hill, SC. If you are too ill or injured to visit us, we can see you in the hospital or meet via telephone or video conference.
We also maintain offices in or near Charleston, Columbia, Myrtle Beach, and Greenville, and serve clients throughout the State of South Carolina in all 46 counties, including Sumter, Anderson, Orangeburg, Hilton Head, Aiken, and Spartanburg.
South Carolina drunk driving accident attorneys working for you and your family
Were you or a loved one a victim of a drunk driving accident in South Carolina? Don't face the legal challenges alone. Contact an experienced drunk driving accident attorney today to protect your rights and seek the compensation you deserve. At McGowan, Hood, Felder & Phillips, LLC, our dedicated team will fight for justice and hold the negligent party accountable. Call our offices at 803-327-7800 today to schedule a free case evaluation by a South Carolina auto accident attorney or fill out our contact form from any device.