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Hit by a Drunk Driver in Charleston: What Are My Legal Options?
Being hit by a drunk driver can be a life-altering experience, leaving victims with physical injuries, emotional trauma, and financial strain. If you or a loved one have been injured in a collision caused by a drunk driver in Charleston, South Carolina, you may wonder what steps you can take to seek justice.
What Should I Do After Being Hit by a Drunk Driver?
Taking the right steps after an accident involving a drunk driver can strengthen your legal claim:
- Seek Medical Attention: Your health and safety should be your top priority. Even if injuries seem minor, get checked by a medical professional.
- Call Law Enforcement: Report the accident to the police. An official report documenting the drunk driver’s behavior can be crucial evidence.
- Gather Evidence: If you are able, take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
- Avoid Speaking to Insurance Adjusters Alone: Insurance companies may try to minimize payouts. Consult with a personal injury attorney before discussing the accident with them.
Can I File a Personal Injury Claim Against the Drunk Driver?
Yes, you can file a personal injury claim to seek compensation for damages caused by the drunk driver. In South Carolina, this can include:
- Medical Expenses: Current and future costs related to treating your injuries.
- Lost Wages: Compensation for missed work due to your recovery.
- Pain and Suffering: Non-economic damages for emotional distress, physical pain, and diminished quality of life.
- Property Damage: Costs to repair or replace your vehicle.
Does South Carolina Allow Punitive Damages in Drunk Driving Cases?
South Carolina law allows victims of drunk driving accidents to pursue punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault driver for reckless behavior and deter similar conduct in the future. Courts are often more willing to award punitive damages in cases involving intoxicated drivers because driving under the influence is a willful and egregious act.
Who Else May Be Liable for My Injuries?
In some cases, liability may extend beyond the drunk driver. For example:
- Bars or Restaurants: Under South Carolina’s dram shop laws, establishments that overserve alcohol to visibly intoxicated individuals may be held liable for subsequent accidents.
- Social Hosts: Individuals who host parties and knowingly allow intoxicated guests to drive may also bear responsibility.
What Is the Statute of Limitations for Filing a Claim?
In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means you must file your lawsuit within this time frame or risk losing your right to pursue compensation. Acting promptly also helps preserve evidence and witness testimony.
Why Choose Rogers, Patrick, Westbrook & Brickman LLC
At Rogers, Patrick, Westbrook & Brickman LLC, we understand the devastating impact drunk driving accidents can have on victims and their families. Our team is committed to holding negligent drivers accountable and fighting for the justice you deserve. With extensive experience in personal injury law, we provide compassionate guidance and aggressive representation tailored to your unique needs.
Contact the Charleston Drunk Driving Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Today for a Free Consultation
If you have been injured by a drunk driver, don’t wait to seek legal help. Contact Rogers, Patrick, Westbrook & Brickman LLC today for a free consultation. Let the Charleston drunk driving accident lawyers handle the legal complexities while you focus on your recovery. Call 843-727-6500 or complete our online form for a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.
How can we help? Fill out the form for a free case review.
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