The short answer: If a drunk driver injured you in South Carolina, you may be dealing with two separate legal matters: the criminal DUI case, which the state handles, and a civil injury claim, which you bring yourself to recover compensation. South Carolina generally gives you three years to file a personal injury lawsuit under S.C. Code Ann. § 15-3-530, and a business that overserved the driver may sometimes share responsibility.
A drunk driving crash can change your life in seconds. One moment, you are driving home. The next, you are staring down serious injuries, a stack of medical bills, and a wreck that never should have happened. It is normal to feel angry and overwhelmed. Williams & Roche, LLC is committed to helping injured South Carolinians understand their rights, so here is a clear look at your options.
Here is what our experienced Columbia car accident lawyers cover in this article.
– Criminal DUI case versus your civil claim
– How BAC and a conviction support your case
– Damages you may recover
– Dram shop liability for bars and restaurants
– The deadline to file in South Carolina
– Drunk driving crashes that happen at work
What is the difference between the criminal DUI case and your civil claim?
They are two different matters. In the criminal case, the state of South Carolina prosecutes the driver, and penalties may include fines, a license suspension, or jail time. None of that money goes to you. Your civil claim is how you, as the injured person, recover compensation for your losses. A driver can be acquitted in criminal court and still be held financially responsible in a civil claim, because the two use different standards of proof.
How can the drunk driver’s BAC and conviction support your case?
Evidence from the criminal case can be a real asset to your civil claim. The driver’s blood alcohol concentration (BAC) results, the police report, and any DUI conviction can all serve as powerful proof of fault. BAC results from a breathalyzer or blood test are especially important. When a driver breaks a safety law by driving over the legal alcohol limit, that violation helps establish negligence, and chemical test results can show just how impaired the driver was.
What damages can a person injured by a drunk driver recover?
An injured person can seek compensation for both economic and non-economic losses. Those damages can include medical treatment, lost wages and future earning capacity, property damage, and compensation for physical pain and emotional suffering. Punitive damages may also be on the table in drunk driving cases. They are not meant to reimburse you. They are meant to punish especially reckless conduct, and driving while intoxicated is one situation where a court may consider awarding them.
Can a bar or restaurant be held responsible under South Carolina dram shop law?
Yes, in some situations, the business that served the alcohol can share responsibility. Under S.C. Code § 61-4-580, a business holding a beer and wine permit, or its employees, may not knowingly sell beer or wine to a person under 21 or to someone who is already intoxicated on the licensed premises. The statute itself does not expressly create a civil cause of action, but South Carolina courts have long recognized that injured third parties may bring a negligence suit against a tavern owner for violating the alcohol control statutes, applying a negligence per se theory. The injured person must still show that the violation was a proximate cause of the injuries. This is commonly called dram shop liability. Proving it often requires evidence such as video surveillance footage, sales records, such as credit card statements and bar tabs, and witness statements.
How long do you have to file a drunk driving lawsuit in South Carolina?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit in South Carolina under S.C. Code Ann. § 15-3-530. Miss that deadline, and the court will typically dismiss your case, cutting off any chance to recover. Three years can pass quickly, so acting early is wise. Evidence disappears. Witnesses forget details. If you are unsure about your options, Williams & Roche, LLC can help you understand your rights.
What if you were hurt by a drunk driver while working?
If a drunk driver hurt you on the job, such as while you were driving for work, you may have a workers’ compensation claim in addition to a personal injury claim. This is where the attorneys at Williams & Roche, LLC can help you directly. With over 90 years of combined legal experience and backgrounds on all sides of the workers’ compensation system, our attorneys know how insurance companies operate and how to pursue the benefits you are entitled to under South Carolina law. We represent injured workers throughout South Carolina from our office at 2442 Devine Street in Columbia. We can help you figure out whether you also have a workers’ compensation claim. Contact Williams & Roche, LLC today at 803.784.0503 for a consultation regarding your workers’ compensation matter and a potential civil litigation matter.
Frequently asked questions about drunk driving accidents in South Carolina
Can I file a civil claim if the drunk driver was not convicted?
Yes. Your civil claim is separate from the criminal case and uses a lower standard of proof. Even without a conviction, you may still recover compensation by showing the driver was at fault for your injuries.
What if the drunk driver did not have enough insurance?
This happens more often than people expect. The driver may have little or no insurance to cover the immense costs of serious injuries. You may be able to turn to your own uninsured or underinsured motorist coverage, or, in some cases, to a business that overserved the driver.
Does a workplace crash caused by a drunk driver affect my workers’ compensation claim?
No. Workers’ compensation is a no-fault system, so you may be entitled to benefits even though someone else caused the crash. You may be able to pursue both a workers’ compensation claim and a separate personal injury claim.
