Charleston Drunk Driving Injury Accident Lawyers

DUI Car Crash Injury Attorneys Serving Charleston, South Carolina

Drunk driving is a pervasive and devastating problem in South Carolina, posing significant risks to both drivers and pedestrians. Despite numerous awareness campaigns and strict laws, alcohol-related accidents continue to lead to serious injuries and fatalities, causing immeasurable suffering for victims and their families.

The attorneys at the Steinberg Law Firm understand the profound impact of these accidents caused by those who choose to drink and drive and are dedicated to helping those affected. Our team is well-versed in the complexities of drunk driving cases and is committed to seeking justice for our clients. If you or a loved one has been injured by a drunk driver, you don’t have to face the legal battles alone. Contact us today at 843-720-2800 to learn how our skilled attorneys can advocate for your rights and hold the responsible parties accountable. 

South Carolina DUI Car Accident Statistics

According to Forbes Advisors 2024 report, South Carolina ranked number eight as the worst state for drunk driving, making the Palmetto State the third highest for the number of individuals involved in a drunk driving accident. Mothers Against Drunk Driving (“MADD”) also revealed that there are more DUI accident fatalities per mile of road in South Carolina than in any other state. 

The South Carolina Highway Patrol has also noted that drugs or alcohol are involved in an estimated six percent of traffic accidents. Just under a third of all DUI accidents result in at least one fatality. Charleston police arrested 362 people for DUI in 2021 and 477 in 2022. Over 73 percent of all fatal DUI accidents involve a driver with a blood alcohol content of .15 or more. 

Common Drunk Driving Accidents in South Carolina

Drunk driving accidents can result in a wide range of collision types. The following include: 

• Rear-End Collision: Impaired drivers often struggle to gauge distances and react quickly, leading to rear-end collisions when they fail to stop in time.
• Head-On Collisions: Drunk drivers may drift into oncoming lanes, causing catastrophic head-on collisions with other vehicles.
• Intersection Accidents: Impaired drivers may run red lights or stop signs, leading to dangerous intersection accidents.
• Single-Vehicle Crashes: Drunk drivers may lose control of their vehicles, resulting in single-car accidents, rollovers, or crashes into roadside objects.
• Pedestrian and Cyclist Accidents: Drunk drivers pose a significant threat to pedestrians and cyclists due to impaired perception.
• High-Speed Collisions: Alcohol impairs judgment, leading to excessive speeding and high-speed collisions.
• Wrong-Way Accidents: Impaired drivers may enter highways in the wrong direction, causing severe accidents. Alcohol impairs essential cognitive and physical functions crucial for safe driving, such as judgment, coordination, reaction time, and perception. 

Common Injuries Sustained From a Charleston DUI Accident

Driving under the influence poses significant risks to both drivers and others on the road, often leading to severe and life-altering injuries. In Charleston, DUI accidents are a pressing concern, with victims suffering from a range of common injuries. These injuries can vary in severity, from minor bruises and cuts to more serious conditions such as the following:

Brain Injuries

While brain injuries can occur after any motor vehicle accident, they are more likely to happen in high-speed collisions such as DUI accidents. A serious brain injury can profoundly affect every aspect of life. Physically, brain injuries often result in severe disabilities, requiring ongoing medical care and rehabilitation. Cognitive impairments can hinder basic functions like memory, concentration, and problem-solving, making everyday tasks that much more challenging. In fact, survivors of TBI who suffer from cognitive issues are more likely to be unemployed, socially isolated, and incarcerated. 

Emotionally, victims may experience personality changes, depression, and anxiety, which can place a strain on their relationships with family and friends. Financially, the costs of medical treatments, therapies, and potential loss of income can be overwhelming. For example, a recent study found that the average lifetime cost of a TBI exceeded $115,000. For families, the emotional toll and the need for constant caregiving can be devastating. 

Spinal Cord Injuries

The spine is also susceptible to serious injury in a DUI accident due to the speeds that are often involved in these collisions. A serious spinal cord injury (SCI) can drastically–and permanently–change your life. Physically, these injuries often result in partial or complete paralysis, impacting your mobility and independence. This necessitates extensive medical treatment, rehabilitation, and assistive devices, which can create a very real financial burden. 

Emotionally, SCIs can cause depression, anxiety, and frustration as victims adapt to their new reality, which can strain relationships with family and friends. Financial challenges start with the medical bills and are exacerbated because many victims cannot return to work, resulting in lost income and additional stress. This is especially the case for spinal cord injury victims, as the average cost of treatment ranges between $44,000 and $115,000. Moreover, family members who previously worked may be forced to stay home to care for the victim, adding to a family’s emotional and financial strain. 

Serious Burn Injuries

A crash caused by a drunk driver can ignite the gas tank or fuel lines, causing vehicles to explode in flames. Burn injuries are not only extremely painful, but they can also have a long-term impact on a victim’s life. Severe burns often require extensive medical treatments, including surgeries, skin grafts, and lengthy hospital stays, which can result in astronomical medical expenses. In fact, a recent study found the average cost of treatment for a burn injury was in excess of $88,000. The physical pain and scarring can result in long-term disabilities, disfigurement, and other physical limitations, which can also have an indelible impact on a victim’s self-esteem. For example, burn victims may suffer from trauma, depression, and anxiety, struggling to cope with the changes in their appearance and lifestyle. 

4 Steps to Take After a Charleston DUI Accident 

If you or a loved one has been in an accident with a drunk driver in South Carolina, taking immediate and crucial steps can protect your rights and well-being. 

1. Safety First

If possible, ensure safety by moving to a secure location and immediately dial 911 to report your the accident. Request medical assistance, even if injuries appear minor, as some may not be shown or felt immediately. 

2. Gather Information

Collect vital details such as the drunk driver’s license and insurance information. Document the accident scene with photographs, including vehicle damage, road conditions, and any visible injuries. Identify and gather contact information from witnesses who can provide statements regarding the accident.

3. Avoid Admissions

Refrain from discussing fault or liability, as such statements may be used against you later. It’s best to discuss the details of your accident with an experienced car accident attorney. 

4. Consult With a Charleston Car Accident Attorney

Contact an experienced personal injury attorney who can help you navigate the legal process, file insurance claims, and pursue fair compensation for medical expenses, property damage, pain and suffering, lost wages, and other losses resulting from the collision. These crucial steps can protect your rights, maximize your chances of a fair settlement, and assist your recovery following this distressing incident.

What Types of Damages Can I Recover If a Drunk Driver Hit Me?

After a drunk driving accident in South Carolina, victims may be eligible to recover various types of damages, including economic and non-economic losses.

Medical Expenses: Victims can seek compensation for all medical bills related to their injuries, such as hospitalization, surgery, rehabilitation, medication, and ongoing treatment.

Property Damage: Compensation can cover the repair or replacement of damaged vehicles and personal property.

Lost Wages: Victims may recover lost income due to missed work caused by injuries sustained in the accident.

Pain and Suffering: Non-economic damages, such as pain, suffering, emotional distress, and loss of enjoyment of life, may also be recoverable.

Loss of Consortium: Spouses of injured individuals may seek damages for the loss of companionship, support, and marital relations.

Wrongful Death: In fatal drunk driving accidents, surviving family members may seek damages for funeral expenses, loss of financial support, and emotional suffering.

These recoverable damages aim to compensate drunk driving car accident victims for their physical, emotional, and financial hardships.

Who Can Recover Damages After Drunk Driving Crash?

Depending on their circumstances, various parties may be eligible to recover damages after a drunk driving crash in South Carolina. 

Personal Injury Victims

Personal injury victims are individuals who have sustained physical, emotional, or financial harm due to a drunk driving crash. They may have suffered injuries such as broken bones, traumatic brain injuries, or emotional distress. Personal injury victims, including passengers in the drunk driver’s vehicle, can typically pursue compensation for medical expenses, property damage, pain and suffering, lost wages, and other direct and indirect costs related to their injuries. They may file claims against an at-fault drunk driver’s insurance policy and, if necessary, may proceed with a lawsuit. 

Wrongful Death Beneficiaries

Wrongful death beneficiaries are the close family members of an individual who has died as a result of a drunk driving accident.

South Carolina law allows eligible beneficiaries, such as spouses, children, and parents, to pursue a wrongful death claim against the drunk driver. Damages can include the following:

• Funeral expenses,
• Medical bills,
• Loss of financial support and
• Compensation for the emotional impact of the loss.

Wrongful death damages are complex in South Carolina due to the need for establishing causation and quantifying the financial and emotional losses suffered by surviving family members.

What Are South Carolina’s Drunk Driving Laws?

South Carolina takes a stringent stance on drunk driving with laws designed to deter and punish those who engage in this dangerous behavior. The state’s laws are aimed at protecting the safety of its residents and visitors, and they align with nationwide efforts to combat the risks associated with impaired driving.

South Carolina Blood Alcohol Content Laws

One of the key legal provisions in South Carolina is the blood alcohol concentration (BAC) limit. Following the state’s DUI laws, it is illegal to operate a motor vehicle with a BAC of 0.08 percent or higher, and lower limits apply to commercial drivers (0.04 percent) and individuals under the age of 21 (0.02 percent). Refusal to submit to a breathalyzer test can lead to an immediate suspension of driving privileges.

Zero Tolerance for Underage Drinking 

Additionally, South Carolina enforces a zero-tolerance policy for underage drinking and driving, reflecting the state’s commitment to preventing accidents among young drivers. Penalties for DUI convictions can include fines, license suspension, mandatory alcohol education programs, and even imprisonment.

Repeat DUI Offenders in South Carolina 

South Carolina’s laws also impose stricter penalties for repeat DUI offenders, with mandatory ignition interlock devices for certain individuals. These devices require a breath sample before starting the vehicle, helping to prevent intoxicated driving.

Determining Liability in South Carolina Drunk Driving Accidents

In South Carolina, liability for a DUI accident primarily rests on the individual who was driving under the influence of alcohol or drugs at the time of the collision. The impaired driver is generally considered legally responsible for any resulting injuries, damages, or fatalities. However, in some cases, the person directly responsible for the accident is not clear or there may be multiple liable parties. For example, product manufacturers, property owners, and others not directly involved in the accident may have been instrumental in its cause and, subsequently, any resulting injuries. In these cases, additional parties may be proven negligent and held responsible for any resulting damages. An experienced attorney can help you determine who was liable in your case and hold them accountable for your injuries.

Dram Shop Liability

Under South Carolina Code of Laws Section 61-4-586, the state’s dram shop law allows accident victims to hold alcohol vendors, such as bars or restaurants, liable for over-serving alcohol to a visibly intoxicated patron who later causes a DUI accident. For example, if a bartender over-serves a patron, who then goes on to cause a DUI accident, the drunk driver, the bartender, and the bar’s owner could all be held liable. 

Negligent Entrustment

Under the theory of negligent entrustment, the owner, or anyone in control of the vehicle and responsible for its use, can be held liable for negligently allowing another person to use the vehicle. In other words, if a vehicle owner knowingly allows someone with a history of DUI convictions or a suspended license to use their vehicle, they may be liable for negligently entrusting their vehicle to that individual.

Employer Liability

Under the common-law doctrine of respondeat superior, employers could potentially be liable if an employee causes a DUI accident while driving a company-owned vehicle during the course of their employment. It is advisable to consult legal professionals for precise guidance regarding liability in individual cases.

Why Should I Hire a Charleston Drunk Driving Accident Attorney?

Hiring an attorney is critical after a drunk driving accident, often even more so than in other types of accidents, due to several unique factors.

Conduct a Thorough Investigation

An attorney can help track down witnesses and get their recorded statements as soon as possible so that the information provided is the most accurate and no one forgets important facts and impressions of the truck crash. They can also acquire the police accident investigation reports and any documentation, photos, or measurements taken by the police while investigating the crash and obtain any criminal records related to the defendant’s drunk or impaired driving charges and convictions, including the amount of their BAC (blood alcohol content) levels.

Identify All Liable Parties

Establishing the intoxication of the at-fault driver and its contribution to the accident can be challenging. An experienced attorney can effectively gather evidence and prove liability. Insurance companies may be more aggressive in defending drunk drivers due to the serious nature of DUI accidents. An attorney can counter these tactics and negotiate effectively to ensure you receive fair compensation.

Experience Handling Cases Involving Severe Injuries

Drunk driving accidents often result in more severe injuries or even fatalities due to impaired reflexes and decision-making. An attorney can assess the full extent of your injuries and pursue adequate compensation for medical bills, rehabilitation, and long-term care. Drunk driving accidents can have a profound emotional impact on victims and their families. A Steinberg Law Firm attorney can provide legal guidance and protect your rights while you focus on healing.

Speak with a Dedicated Charleston Drunk Driving Car Accident Lawyer Today

If you or someone you love was seriously hurt in a drunk driving accident in Charleston, it is important to take a few minutes to learn more about your rights. You may be entitled to monetary compensation designed to cover all your accident-related expenses, which can ensure you are not left to deal with the financial burden that often follows in the wake of a DUI accident. At the Steinberg Law Firm, our knowledgeable lawyers have aggressively represented the interests of accident victims for more than 95 years. We also offer free consultations at all three conveniently located offices in Charleston, Goose Creek, and Summerville. To learn more and to schedule a free consultation today, call the Steinberg Law Firm at 843-720-2800. You can also connect with our drunk driving accident lawyers by completing our secure online contact form.