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Drunk Driving Car Accidents in Goose Creek

Driving is an activity that requires maximum attention. Unfortunately, many drivers choose to drive while under the influence of drugs or alcohol, putting other drivers and pedestrians at risk of injury or even death.

For help with drunk driving car accidents in Goose Creek, talk to an experienced auto collision attorney from Miller | Conway today to determine if you are eligible for monetary damages. Drunk drivers should be held accountable for the pain you and your family have experienced.

Responsibility for Drunk Driving Accidents

Though it may seem counterintuitive, other parties besides the intoxicated driver can potentially be responsible for a drunk driving accident. A bar can be responsible for continuing to serve a drunk patron. A taxi company can be responsible if one of its drivers was intoxicated on the job. Even a friend can be responsible for letting the offending driver borrow their car.

Note that under South Carolina Code § 15-38-15, South Carolina is a modified comparative negligence state. This means that claimants can recover money even if they were partially at fault for their injury, so long as they were less than 50 percent responsible. For example, imagine a victim is texting while driving when an intoxicated driver crashes into them. The victim was negligent for texting while driving, but if the judge or jury determines that this was less than 50 percent of the reason for the crash, the victim can still recover monetary damages.

A Goose Creek personal injury attorney can represent you in a lawsuit based on a drunk driving car accident, even if you were partially responsible for the crash.

Monetary Damages for Victims of Drunk Driving Accidents

Victims of drunk driving car crashes in Goose Creek can receive damages for:

  • Hospital bills
  • Ongoing medical treatment, including rehabilitation, medication, or therapy
  • Car repairs or other property damage
  • Lost wages and diminished future earning potential
  • Pain and suffering
  • Loss of companionship
  • Loss of enjoyment of life
  • Funeral and burial costs

Claimants can also receive punitive damages. These are extra monetary damages meant to punish especially reckless behavior by a defendant and to deter others from doing the same.

Under S.C. Code § 15-3-530, victims of drunk driving car wrecks in South Carolina have three years from the date of injury to file a lawsuit. This statute of limitations also applies to wrongful death suits initiated by survivors of a decedent killed by a drunk driving accident.

It is important to talk to an attorney as soon as possible to ensure you file on time and do not miss your chance to recover monetary damages.

Civil Versus Criminal Action in Drunk Driving Cases

Drunk driving car accidents that happen in Goose Creek can result in both civil and criminal action. However, these are two entirely separate systems. South Carolina can criminally prosecute a driver for driving under the influence regardless of whether the victim files a civil lawsuit for monetary damages. Moreover, victims of drunk driving accidents cannot receive money without filing a civil suit.

A criminal conviction can be useful for establishing responsibility or increasing the amount of damages in a civil case, but it does not guarantee reimbursement. At the same time, a claimant can win a civil lawsuit against a drunk driver even if the driver was not criminally convicted.

Many drunk driving accident cases settle out of court. If you prefer to negotiate directly with the at-fault party’s insurance company, one of the talented attorneys at Miller | Conway can fight to protect your interests and get you a fair offer.

Speak With a Goose Creek Attorney About Your Drunk Driving Car Accident

Drunk driving car accidents in Goose Creek can have far-reaching consequences for victims and their families, which is why drunk drivers should be held accountable for their actions.

Whether you choose to settle or go to trial, Miller | Conway is here to help. Do not deal with the fallout of a drunk driving accident alone. Call us today to schedule a free consultation.

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