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What Are My Legal Options if I Was Hit by a Drunk Driver?
When inebriated, drivers act recklessly on the road, react more slowly to potential danger, and make poor decisions for their own and others’ safety. Unfortunately, drunk driving laws do not deter every driver in Charleston, South Carolina.
Our legal team at Rogers, Patrick, Westbrook & Brickman LLC serves victims of drunk driving collisions all too often. If you need legal help, contact us today.
Can You File a Lawsuit Against the Drunk Driver?
If you get into a car accident with a drunk driver, you can pursue a civil case against that driver to recover damages related to your accident. This compensation includes calculable economic damages, such as medical bills, rehabilitation costs, lost wages due to an inability to work, and non-economic damages, such as pain and suffering, emotional trauma, and decreased quality of life.
South Carolina might also bring criminal charges against the driver to punish them for driving while drunk. Additionally, in May 2024, the legislature passed a law that mandates ignition interlock devices on the vehicles of everyone convicted of a past DUI.
Do You Need to Prove Liability?
South Carolina law mandates reporting a car accident in the case of injury, death, or property damage above $1,000. However, for drunk driving incidents, you have an additional incentive to call 911 as soon as possible.
To succeed in your DUI claim, you need to prove that the other driver’s intoxication directly led to the collision and caused your injuries. Generally, this will mean proving that their BAC exceeded legal limits during the crash. In other words, it is within your interest to get police on the scene as quickly as possible, so they can test the other driver’s blood alcohol levels via a breathalyzer or blood test and record their findings in the official police report.
Can You Sue Other Parties Besides the Drunk Driver?
South Carolina’s dram shop laws may allow you to sue the bar, restaurant, or social establishment that served alcohol to the at-fault driver. If you can prove through video recording or eyewitness testimony that the establishment in question observed signs of intoxication and still served alcohol to the drunk driver and then that that drunk driver caused your accident, you can bring a claim against the establishment.
Speak with the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC for More Information
No one deserves to have their life upturned by the reckless decisions of others, especially in the case of a DUI. If you or a loved one needs legal help after a drunk driving crash, call the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500 or fill out our online form for a free consultation. Our Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina offices serve DUI victims throughout the state.
How can we help? Fill out the form for a free case review.
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After a mesothelioma diagnosis, victims and family members usually have many questions. Most go about seeking information about the disease, its cause, treatment options, and more. Here are some facts about asbestos and mesothelioma that you should know: Types of mesothelioma: The most common type of mesothelioma affects the outer lining of the lungs (pleural […]
READ MOREAuto workers frequent victims of asbestos exposure
Few people in South Carolina may be able to imagine a life without motor vehicles. People use their cars for commuting to work, traveling for entertainment and much, much more. Although for some people driving and riding in vehicles is just another fixture of daily life, those who work and perform routine maintenance on those […]
READ MOREAsbestos exposure caused by both old and new usage
The use of asbestos in new products might be limited, but that does not protect people from either current or past usage. Older buildings — or at least those that were built several decades ago — are a common source of asbestos exposure, including places like post offices, churches, hospitals, barbershops and movie theaters. Since […]
READ MOREFirst New Mesothelioma Treatment in 15 Years Approved By FDA
By Ken Wilson It’s not often that we get to report new treatments for mesothelioma. While we do see a lot of clinical trials, the standard treatment plan for malignant pleural mesothelioma has been relatively unchanged for many years. Most patients go through surgery (if they are able to), radiation and chemotherapy. It can be […]
READ MOREJohnson & Johnson under investigation for asbestos exposure
In past decades, parents in South Carolina probably did not give a second thought to using baby powder on their children or even themselves. What these consumers might not have realized at the time was that they were purchasing a potentially dangerous product. However, Johnson & Johnson — a large manufacturer of talcum baby powder […]
READ MOREUS states sue EPA over mesothelioma concerns
Asbestos is a carcinogen that is extremely hazardous to human health. Exposure to asbestos can cause victims in South Carolina to develop dangerous and even fatal diseases, such as lung cancer, asbestosis and mesothelioma. The U.S. Environmental Protection Agency recently closed a loophole regarding asbestos use, but some states say the current protections are not […]
READ MOREFDA approves new treatment for mesothelioma
We recently published a slideshare which provides information about a new FDA-approved therapy for sufferers of mesothelioma. Please view the information below, and call our law firm if you have any questions about your legal options following a mesothelioma diagnosis. FDA Approves New Mesothelioma Treatment from The Law Buzz
READ MOREMilitary families worried about asbestos exposure
Living the military life is not easy. Between deployments and frequent moves, active military members and their families have enough on their plates to worry about. The possibility of dealing with asbestos exposure in their own homes probably seemed far-fetched, but it is now the reality that many are facing. The contractor accused of exposing […]
READ MOREVictim’s family continues mesothelioma suit against Ford
South Carolina residents should be able to go to work without fear for their health, well-being and general safety. Additionally, older workers should have the luxury of looking back over their working careers without realizing that they were wrongfully exposed to deadly substances. This is unfortunately not the reality that many people face, and mesothelioma […]
READ MOREIs mesothelioma the only disease linked to asbestos?
There is no question about whether asbestos exposure can lead to devastating health outcomes. Most people in South Carolina already know that exposure to this toxic substance can cause mesothelioma, but that is not all. Lung cancer and asbestosis are other diseases that victims may develop years or even decades after being exposed. Here is […]
READ MOREMesothelioma-causing asbestos found in more makeup products
There is really no ambiguity when it comes to the health risks associated with asbestos, which is why the carcinogen has been banned in a number of countries. Despite this, asbestos is still used in some products in the United States. However, the dangerous substance is showing up in far more places than the construction […]
READ MOREWhen Personal Vaporizers Explode: An Entire Industry Designed Around the Wrong Battery
By Chris Moore Since the mid-2000s, we have become more reliant on lithium-ion batteries and the devices they power. The batteries are extremely useful and serve an important function. Just a decade ago, it would have been inconceivable for a laptop computer or a smartphone to be used for an entire day on just one […]
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