Drunk Driving Accident Lawyers in Columbia South Carolina 2024

Drunk Driving Accident Lawyers in Columbia South Carolina 2024

Drunk Driving Accident Lawyers in Columbia, South Carolina 2024 If you have been injured in a drunk driving wreck in South Carolina, you have a legal right to recover all actual damages, as well as punitive damages. Additionally, an experienced South Carolina drunk driving accident lawyer can help identify every potential defendant, so that all responsible parties are held accountable. At the Law Office of Kenneth Berger, we don’t want anyone who contributed – be it through driving or overserving – to escape responsibility.

We’ve included answers to common questions about DUI wrecks below. If you’ve been hit by a drunk driver, call our drunk driving accident lawyers at (803) 790-2800 or use the live chat box below to request a free consultation. Our law firm is centrally located in Columbia, SC, but our accident lawyers handle injury cases across South Carolina, including Greenville, Myrtle Beach, and Orangeburg.

Drunk Driving Accident Lawyers in Columbia South Carolina 2024
Drunk Driving Accident Lawyers in Columbia South Carolina 2024

What is the average settlement for being hit by a drunk driver?

As with all personal injury cases, there is no exact formula to determine how much compensation someone should receive after a DUI accident. However, there are a few factors that can help determine what a fair settlement should be if you were in a wreck with an intoxicated driver in South Carolina:

  1. Severity of Injury

If you were injured in a DUI accident, the severity of your injury will likely play a role in determining how much compensation you’ll receive. How has the injury affected your daily life? Are you still able to enjoy the activities you took part in before the wreck? The answers to these questions will help determine what is called “lost enjoyment of life,” or “loss of enjoyment,” which should be considered when determining how much your DUI accident case is worth.

  1. Medical Bills

South Carolina law dictates that the at fault driver must compensate you for all your fixed losses like medical bills and future medical expenses. You did not choose to be hit by a drunk driver, so you should not be stuck with the financial burden of paying for medical treatment that was required because of another person’s negligence.

  1. Lost Wages

Drunk driving accidents often cause serious injury to all involved, and these injuries commonly require weeks or even months of physical therapy, occupational therapy, and follow up visits that prevent the injured person from returning to work. South Carolina law requires the at fault driver’s insurance company to compensate you for the wages lost due to the car crash.

  1. Punitive Damages

Punitive damages are allowed when you are able to prove the at fault driver was grossly negligent or reckless in causing injury. The severity of your injury, the impaired driver’s blood alcohol level, and previous DUI convictions are all considered when the judge determines whether punitive damages should be allowed.

Dram Shop Laws & Overserving Alcohol in South Carolina

In South Carolina, “dram shop liability” refers to the idea that if an establishment is responsible for getting a person drunk, they are responsible for that person’s actions after the person leaves the establishment. This means that bars and restaurants have a responsibility to not over serve alcohol to their patrons. If a drunk driver injures or kills another person after leaving an establishment that served them alcohol, both the establishment that served them and the drunk driver can be held responsible.

Our South Carolina drunk driving attorneys work hard to help the victims of drunk driving accidents hold all the at-fault parties accountable. Our goal is to help injured people receive full compensation for their losses. If you believe the South Carolina dram shop laws may be applicable to your case, don’t hesitate to reach out to our attorneys with questions or to schedule a free consultation. We are dedicated to serving as a resource for drunk driving related incidents in our community.

infographic showing 1 in 10 people in SC don't have car insurance

I was in a wreck with an uninsured drunk driver, what should I do?

If you were hit by an uninsured drunk driver, fortunately you have a couple options. First of all, all car insurance policies in South Carolina include uninsured motorist coverage, which protects you from anyone that may be driving on our roads without insurance. If you were hit by an uninsured driver, you should file an uninsured coverage claim with your auto insurance provider.

Furthermore, if you have multiple cars at your household that are covered on your insurance policy, you can “stack” your insurance policies to help ensure you receive fair compensation. For example, if you have two insured vehicles at your home, each with a $25,000 uninsured policy, you can stack them to receive $50,000 in coverage.

What is considered driving under the influence in South Carolina?

South Carolina blood alcohol content limit lawsIn South Carolina, driving under the influence is defined as operating a vehicle while under the influence of:

  • Alcohol;
  • Narcotics;
  • Prescription pain killers; or
  • Marijuana

It is illegal to drive in our state if your blood alcohol content (BAC) is 0.08 or higher. However, if you are under the age of 21, the limit is 0.02 percent or higher, and if you are driving a commercial vehicle, the limit is 0.04 percent or higher.

How can a personal injury attorney help me after a crash with a drunk driver?

The right accident lawyer will allow you to focus on healing while they take care of all the other factors of your case, such as dealing with the insurance companies, securing evidence, uncovering all potential defendants and insurance policies, identifying skilled doctors to provide medical treatment, and negotiating with healthcare providers to reduce your medical bills.

Additionally, our law firm handles all cases on a contingency fee basis, meaning you do not pay anything unless we recover money for you.

Talk with Our Drunk Driving Accident Lawyers Today

Drunk Driving Accident Lawyer Kenneth Berger

All too often South Carolina is on the list of deadliest states for drunk driving. In 2018, nearly 30 percent of traffic fatalities in South Carolina involved people driving under the influence of alcohol. This is unacceptable.

At the Law Office of Kenneth Berger, our accident lawyers work on life-altering injury and wrongful death cases day in and day out. Our clients become family, and our top priority is protecting their legal rights and holding the responsible parties accountable. For us, that means not backing down against stubborn insurance adjusters, spending hours conducting research, locating witnesses, securing experts, and making sure our clients are informed every step of the way.

When innocent people are injured by drunk drivers, we are here to help. To speak with one of our skilled drunk driving accident attorneys, call our Columbia, South Carolina office at (803) 790-2800 or reach out to us by using the live chat box below. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly servicing clients throughout the surrounding areas. We have helped many people across our state, and we would be honored to help you as well.

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How long after a accident can you sue in SC?

three years
In South Carolina, the car accident statute of limitations is generally three years from the date that the collision happened.

Can you get compensation if the accident was your fault in South Carolina?

Is South Carolina a fault or no-fault state? South Carolina is a “fault,” “at-fault,” or “tort” state for car accidents. Basically, the driver who caused the accident is the one liable for victims’ injuries and losses. South Carolina applies the “modified comparative fault” rule to financial awards.

Is South Carolina a no-fault accident state?

No, South Carolina does not have the no-fault law in effect. Instead, it follows an at fault model with comparative negligence. This means that so long as you are under 50% responsible for your accident, you can file a claim against the driver that caused your accident.

What is the average settlement for a drunk driving accident in Florida?

Average Payout For Drunk Driving Accident Claims in Florida $50,000 to $100,000 As a result, the average amount of compensation obtained in a drunk driving accident falls somewhere within the $50,000 to $100,000 range. Of course, some cases only result in a payout of a few thousand dollars, while a few cases end with a settlement or verdict in the millions or tens of millions of dollars.

How long does it take for a case to go to trial in South Carolina?

In South Carolina, it generally takes one year from the date a lawsuit is filed for that case to be called to trial.

What is the statute of limitations on a car accident in South Carolina?

In South Carolina, the statute of limitations for legal action in a personal injury case is generally three years from the date of the injury. If you miss this time period, you can lose the right to take legal action.

What is the average settlement for a car accident in South Carolina?

Personal Injury Settlements – The Misleading Averages For all personal injury cases, about $31,000. For car accident cases, about $16,000. For medical malpractice cases, about $679,000. For product liability cases, about $748,000.

Does South Carolina have accident forgiveness?

How much compensation is due in case of an accident?

How is fault determined in South Carolina?

What happens if the person at fault in an accident has no insurance in SC?

What happens if you have no insurance but the other driver was at fault in SC?

How many lives does a drunk driver claim everyday in the United States?

What happens if you get in an accident while drunk in Florida?

Does car insurance cover DUI accidents in Florida?

How soon do most cases go to trial?

What happens if you miss court in SC?

Does South Carolina have the right to a speedy trial?

What is the maximum you can sue for a car accident?

What happens if you leave the scene of an accident in South Carolina?

What is the statute of limitations for insurance claim in South Carolina?

How much do lawyers take from settlement in South Carolina?

What is the average settlement for a rear end collision in South Carolina?

How much money do you get from a car accident settlement in NY?

How long do you have to file a personal injury claim in South Carolina?

How long do you have to file an insurance claim in SC?

How long do you have to file a car insurance claim in South Carolina?

How long do you have to respond to a lawsuit in SC?

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Understanding the Basics of SC Personal Injury Law 2024