What Happens If A Champagne-Drunk Driver in South Carolina Injures You

Being injured by a Champagne-drunk driver can be one of the most devastating and life-changing experiences a person can face. The physical injuries are often severe, the emotional trauma can last for years, and the financial burden can be overpowering. Unfortunately, drunk driving accidents often involving celebratory drinks like champagne happen far too frequently in South Carolina, leaving innocent victims to deal with consequences they never saw coming. 

Understanding what happens if a champagne-drunk driver in South Carolina injures you is important for protecting your rights and securing the compensation you deserve.

What the Law Says About Drunk Driving in South Carolina

Driving under the influence (DUI) is a serious offense in South Carolina. According to South Carolina Code § 56-5-2930, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a drunk driver causes an accident, they may face criminal charges, and you may be able to file a personal injury claim.

The process of proving your side of the story can be difficult. Proving liability in these cases can be a legal battlefield; however, a South Carolina car accident lawyer at Stewart Law Offices provides the formidable advocacy intended to protect your interests and shield you from unfair accusations of fault. From investigation to resolution, Brent P. Stewart’s law firm is dedicated to upholding the rights of the injured and pursuing the financial security clients need, enabling them to focus on healing while their case is managed with diligent attention to detail. A law firm can help build a strong case and protect you from unfair accusations of fault.

What to Do After Being Injured by a Drunk Driver in South Carolina

If you’re hurt in a crash caused by a drunk driver, your actions right after the accident matter. Here’s what you should do:

Call Emergency Services Right Away

Following a car accident with a Champagne-drunk driver, call 911 immediately. This ensures police investigate the crash, document intoxication, and make necessary arrests. Officers conduct sobriety tests, creating crucial evidence for criminal proceedings and your civil compensation claim, while emergency personnel provide vital medical care for your car accident injuries.

Gather Evidence at the Scene

If you’re physically able, gather evidence at the car crash scene. Photograph vehicle damage, the crash site, and injuries. Collect contact information from witnesses regarding the other driver’s behavior. Document every detail of the car accident, including weather and any admissions of drinking made by the champagne-drunk driver as evidence.

Seek Immediate Medical Attention

Even if you don’t think you’re seriously injured, it’s important to seek medical attention immediately after being hit by a champagne-drunk driver. Adrenaline and shock can mask pain and injury symptoms, and some serious injuries like brain trauma or internal bleeding may not show symptoms right away.

Having immediate medical documentation also helps establish a clear link between the accident and your injuries, which is important for your insurance claim and any legal action you might pursue against the drunk driver.

How to File an Insurance Claim After a Drunk Driving Accident

South Carolina is a fault-based insurance state. That means the person who caused the accident is responsible for paying damages. You can file a claim with the drunk driver’s insurance company for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

If the drunk driver doesn’t have enough insurance—or none at all—you may be able to use your own uninsured/underinsured motorist coverage. This is required in South Carolina unless you waive it in writing.

What Compensation Can You Receive?

If you’re injured by a drunk driver in South Carolina, you may be entitled to:

• Medical expenses (past and future)
• Lost income and reduced earning ability
• Pain and suffering                                                                                                                                                                                             
• Emotional distress
• Property damage
• Punitive damages (in some cases)

Each case is different, and the amount depends on how serious your injuries are and how the accident affected your life. If the insurance company doesn’t offer a fair settlement, you can file a personal injury lawsuit. You have up to three years from the date of the accident to file, according to South Carolina Code § 15-3-530.

In court, you can ask for compensation for your injuries, and in some cases, punitive damages. These are extra payments meant to punish the drunk driver for reckless behavior.

FAQs

What if the Champagne-drunk driver doesn’t have insurance?

If the Champagne-drunk driver doesn’t have insurance, you may be able to file a claim under your uninsured motorist coverage.

Can I still file a claim if I was partially at fault for the accident?

Yes, you may still be able to file a claim, but your compensation may be reduced based on your percentage of fault.

How much compensation can I expect?

Compensation for a car accident depends on your specific case. The total reflects your medical bills, lost wages, and the severity of your injuries.