843-636-TREY
When a drunk driver crashes into you, they’ve already made a series of conscious decisions that led to that moment. They chose to drink. They chose to get behind the wheel. They chose to put their convenience ahead of everyone else’s safety. Now you’re left dealing with the consequences of their recklessness: injuries, medical bills, a damaged vehicle, and the knowledge that this entire situation was completely preventable.
If you were injured by a drunk driver in Charleston, Summerville, or anywhere in South Carolina, here’s what you need to know about your rights and how to protect them.
Trey Harrell has handled drunk driving accident cases throughout South Carolina, from Charleston to Summerville to Greenville. As a former Federal Prosecutor, he understands how DUI cases work from both the criminal and civil sides. Call (843) 636-TREY for a free consultation. You don’t pay unless Trey recovers compensation for you.
Take these steps immediately after being hit by a drunk driver
The moments after a drunk driving accident are chaotic. You’re shaken, possibly injured, and trying to process what just happened. Here’s what you need to do to protect both your health and your legal rights.
Call 911 immediately. Even if you think you’re not seriously hurt, you need police and medical personnel at the scene. The police report will document that the other driver was impaired, which becomes critical evidence later. Tell the responding officers everything you remember about the accident and the other driver’s behavior.
Get medical attention right away. Adrenaline can mask pain and injury symptoms. Some injuries, like whiplash, internal bleeding, and traumatic brain injuries, don’t show up immediately. Going to the emergency room or urgent care the same day creates a medical record linking your injuries directly to the accident. Insurance companies will use any delay in treatment against you, claiming your injuries aren’t serious.
Document everything you can. If you’re physically able, take photos of the accident scene, vehicle damage, visible injuries, and road conditions. Get contact information from witnesses. Their statements can be invaluable if the drunk driver later tries to deny fault or minimize what happened.
Don’t make any statements to the other driver’s insurance company without talking to Trey or one of our experienced attorneys first. The insurance companies call you quickly, often while you’re still in pain and confused. They’re not trying to help you. They’re building a case to pay you as little as possible.
Drunk driving cases are different from typical car accidents
When a drunk driver causes an accident, you’re not just dealing with a careless mistake. You’re dealing with someone who made a conscious choice to drive while intoxicated, knowing the danger they posed to everyone on the road.
South Carolina law treats drunk driving as both a crime and a civil wrong. The criminal case against the drunk driver happens separately from your personal injury claim. Under S.C. Code § 56-5-2930, operating a motor vehicle while under the influence of alcohol (with a blood alcohol content of 0.08% or higher) is illegal and carries serious penalties including fines, jail time, and license suspension.
But the criminal case doesn’t compensate you for your injuries. That’s where your civil claim comes in. You have the right to pursue compensation for your medical bills, lost wages, pain and suffering, and property damage. Because the driver was intoxicated, you may also be entitled to punitive damages, which are meant to punish especially reckless behavior and deter others from doing the same thing.
Insurance companies know drunk driving cases carry higher settlement values because juries don’t look kindly on drunk drivers. That’s why they’ll fight hard to minimize your claim or shift some blame onto you. Having someone in your corner who knows how to handle these cases makes all the difference.
What compensation can you recover after a drunk driving accident?
When someone injures you because they chose to drive drunk, you’re entitled to full compensation for the harm they caused. This includes both economic and non-economic damages.
Economic damages cover your measurable financial losses. Medical bills for emergency treatment, hospitalization, surgery, physical therapy, and ongoing care. Lost wages from time you couldn’t work due to your injuries. If you’re unable to return to your previous job, you may also recover compensation for lost earning capacity. Property damage to repair or replace your vehicle.
Non-economic damages compensate you for things that don’t have a price tag but are just as real. Pain and suffering from your injuries. Emotional distress and trauma from the accident. Loss of enjoyment of life if your injuries prevent you from doing activities you love. Permanent scarring or disfigurement.
In drunk driving cases, you may also be entitled to punitive damages. These aren’t meant to compensate you for your losses. They’re meant to punish the drunk driver for their reckless conduct and send a message that driving under the influence won’t be tolerated.
Trey has recovered significant compensation for clients injured in DUI accidents, including settlements of $214,331, $79,031, $47,327, and $34,000. Past results do not guarantee future outcomes. Every case is different and depends on its unique facts. But these results show that drunk driving cases can result in substantial compensation when handled properly.
How South Carolina law affects your drunk driving accident claim
South Carolina has specific laws that impact your ability to recover compensation after being hit by a drunk driver. Understanding these rules is critical to protecting your rights.
Under S.C. Code § 15-3-530(5), you have three years from the date of the accident to file a personal injury lawsuit. This deadline is strictly enforced. If you miss it, you lose your right to sue, period. Insurance companies know this and will sometimes delay negotiations hoping the clock runs out. Don’t wait. The sooner you call Trey, the sooner he can start building your case.
South Carolina also follows a modified comparative negligence rule with a 51% bar. This means if you’re found to be 51% or more at fault for the accident, you can’t recover any compensation. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if your total damages are $100,000 and you’re found 20% at fault, you’d receive $80,000.
In drunk driving cases, the drunk driver is almost always primarily at fault. But insurance companies will still try to shift some blame onto you. They’ll claim you were speeding, distracted, or could have avoided the accident. This is why you need someone who knows how to defend against these tactics and protect your right to full compensation.
How Trey Harrell helps clients injured by drunk drivers
Trey Harrell brings a unique perspective to drunk driving accident cases. As a former Federal Prosecutor, he understands how criminal DUI cases work and how to use that knowledge to strengthen your civil claim. He knows how law enforcement investigates drunk driving, what evidence proves impairment, and how to build a case that insurance companies can’t ignore.
Trey handles all the legal work so you can focus on healing. He investigates the accident, gathers evidence including police reports and witness statements, deals with insurance companies, and fights for the compensation you deserve. He’s not afraid to take your case to trial if the insurance company won’t offer a fair settlement.
As a third generation Charlestonian with deep roots in the community, Trey knows South Carolina courts and how drunk driving cases are handled throughout the state. Whether you were injured in Charleston, Summerville, Greenville, or anywhere else in South Carolina, Trey can help.
Remember, Trey helps. That’s not just a tagline. It’s a commitment to giving each case the attention it deserves and helping families get back on their feet after devastating injuries. Your consultation is completely free, and you don’t pay Trey anything unless he recovers compensation for you.
Frequently asked questions about drunk driving accident claims
What if the drunk driver didn’t get arrested at the scene?
You can still pursue a civil claim even if the driver wasn’t arrested. The evidence that matters for your case includes the police report, witness statements, dash cam or surveillance footage, and your medical records showing injuries consistent with the accident. Trey can investigate and build a strong case regardless of whether criminal charges were filed.
Can I sue the bar or restaurant that served the drunk driver?
South Carolina has dram shop laws that allow you to hold establishments liable in certain circumstances. If a bar or restaurant served alcohol to someone who was visibly intoxicated and that person then caused an accident, you may have a claim against the establishment. These cases are complex and require specific evidence. Trey can evaluate whether you have a dram shop claim.
How long will my case take?
Most drunk driving accident cases settle within several months to a year, though every case is different. The timeline depends on the severity of your injuries, how long your medical treatment lasts, and whether the insurance company negotiates in good faith. Trey works as efficiently as possible while making sure you don’t settle for less than your case is worth.
What if my injuries get worse after I settle?
Once you settle a case and sign a release, you typically can’t go back for more money later, even if your injuries get worse. This is why it’s critical not to settle before you’ve reached maximum medical improvement and know the full extent of your injuries. Trey won’t rush you into accepting a low settlement just to close your case quickly.
What if the drunk driver doesn’t have insurance or enough insurance?
If the drunk driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage. Trey can review your insurance policy and help you pursue all available sources of compensation, including your own coverage if necessary.
Don’t wait to protect your rights
Drunk drivers make a choice that puts innocent people at risk. You didn’t choose to be in this accident, but you can choose what happens next. The insurance company is already working to minimize what they owe you. You need someone fighting for your interests.
Trey Harrell handles drunk driving accident cases throughout South Carolina. With his background as a Federal Prosecutor and his experience handling personal injury claims, he knows what it takes to build strong cases and negotiate with insurance companies. Call (843) 636-TREY today for a free consultation. From Charleston to Summerville to Greenville, Trey helps families get the compensation they need to move forward.