What to Do After Being Hit by a Drunk Driver in Charleston, SC

Being struck by a drunk driver is a traumatic experience that can leave you feeling overwhelmed and uncertain about the next steps. In Charleston, South Carolina, understanding your rights and the appropriate actions to take can significantly impact the outcome of your case.

Our Charleston DUI accident lawyer explains what actions to take after being in an accident with an impaired driver.

Immediate Steps After a Car Accident: Protecting Your Well-being and Your Claim

Being involved in a car accident can be a disorienting and stressful experience. However, the actions you take immediately following the incident can significantly impact your health, safety, and any potential insurance claims or legal proceedings. Here are crucial steps to take right away:

Prioritize Safety and Call 911 Immediately: The first step after being hit by a drunk driver is ensuring everyone’s safety. Check yourself and your passengers for injuries. If anyone is hurt—or even if injuries seem minor—call 911 immediately. Getting medical professionals on the scene ensures timely care and creates a record of your injuries. It’s also critical to have law enforcement respond. A police report serves as an official account of the crash and can be vital for insurance claims, personal injury lawsuits, and holding the drunk driver accountable.
Document the Scene: If it’s safe, take photographs or videos of the accident scene, vehicle damages, and any visible injuries. This evidence can be vital for your claim.
Observe the Other Driver: Note any signs of intoxication, such as slurred speech, unsteady movements, or the smell of alcohol. If you see open containers or the driver using mouthwash or eye drops, inform the police, as these could be attempts to mask alcohol consumption.
Avoid Confrontation: In the immediate aftermath of an accident, emotions can run high. It’s crucial to avoid confrontation with the other driver, especially if you suspect impairment. Do not argue about who was at fault. Stick to the facts when speaking with the police and your insurance company. Limit your communication with the other driver to exchanging basic information like names and insurance details (if requested by law enforcement). Wait for law enforcement to handle the situation to ensure your safety and avoid saying anything that could be misconstrued or used against you later.

Legal Considerations in South Carolina

In South Carolina, driving under the influence (DUI) is a serious offense. If the driver is found to be intoxicated, they may face criminal charges, and you may be entitled to compensation for damages and injuries sustained.

Additionally, South Carolina law allows for Dram Shop Liability, meaning that establishments that served alcohol to the intoxicated driver may also be held accountable if they served alcohol to someone visibly intoxicated who then caused an accident.

Seeking Compensation After a Drunk Driving Accident: Understanding Your Rights

If you are a victim of a drunk driving accident, you have the right to seek financial compensation for the losses and damages you’ve incurred. Understanding the types of compensation available is a crucial step in pursuing your claim and achieving justice. Here are common forms of damages you may be eligible for:

1. Recovery of Medical Expenses:

This category covers all costs associated with treating your injuries, including:

1. Hospital bills: Emergency room visits, surgeries, and inpatient care.
2. Rehabilitation costs: Physical therapy, occupational therapy, and other necessary rehabilitation services.
3. Ongoing medical treatments: Future medical appointments, medications, and long-term care related to the accident injuries.

Seeking compensation for medical expenses after a drunk driving accident ensures you are not burdened with the financial strain of your treatment.

2. Compensation for Lost Wages and Lost Earning Capacity:

If your injuries have forced you to take time off work, you can seek compensation for:

1. Lost wages: Income you’ve lost due to your inability to work during your recovery.
2. Lost earning capacity: If your injuries have a long-term impact on your ability to earn a living in the future, you may be entitled to compensation for this future income loss.

Recovering lost wages after a drunk driving accident helps alleviate the financial hardship caused by your inability to work.

3. Damages for Pain and Suffering:

Beyond the financial losses, you can also seek compensation for the intangible harm you’ve suffered, including:

1. Physical pain: Compensation for the actual physical discomfort and suffering caused by your injuries.
2. Emotional distress: Damages for the psychological impact of the accident, such as anxiety, depression, PTSD, and emotional trauma

Seeking damages for pain and suffering in a drunk driving accident acknowledges the significant personal impact of the incident on your life.

4. Punitive Damages for Gross Negligence:

In cases where the drunk driver’s actions demonstrate gross negligence or a reckless disregard for the safety of others, you may be awarded punitive damages. These damages are not intended to compensate the victim but rather to:

1. Punish the drunk driver for their egregious behavior.
2. Deter similar conduct by others in the future.

Punitive damages in drunk driving accident cases serve as a strong message against impaired driving and can significantly increase the total compensation awarded.

Understanding these potential avenues for compensation after a drunk driving accident is the first step towards seeking justice and financial recovery. Consulting with an experienced drunk driving accident lawyer can help you navigate the legal process and maximize your chances of obtaining the full and fair compensation you deserve.

Importance of Legal Representation

Navigating the legal system after a DUI accident can be complex. An experienced personal injury attorney can help:

Investigate the Accident: Gather evidence, interview witnesses, and build a strong case.
Negotiate with Insurance Companies: Ensure you receive fair compensation without being pressured into a low settlement.
Represent You in Court: Advocate on your behalf if the case goes to trial.

Seek Justice and Compensation After a Drunk Driving Accident in Charleston

If you or a loved one has been hit by a drunk driver in Charleston, South Carolina, you don’t have to face the aftermath alone. Navigating the legal and insurance complexities following a drunk driving accident can be overwhelming. Contact Trey Harrell Auto Accident and Personal Injury Attorney today for a free, no-obligation consultation.

Why Choose Trey Harrell Auto Accident and Personal Injury Attorney After a Drunk Driving Accident?

5-star reputation: Trey Harrell is a dedicated auto accident and personal injury attorney with a proven track record of representing victims of drunk driving accidents in Charleston. Trey Harrell is a former federal prosecutor turned Charleston personal injury attorney with a 5-star reputation for standing up to the insurance companies that try to protect Drunk Drivers. With deep experience on both sides of the courtroom, Charleston Auto Accident Attorney Trey Harrell and his team know how to build a strong case—and how to fight for every dollar his clients deserve. If you’ve been hit by a drunk driver, you need more than just compassion. You need courtroom-tested strength. That’s where Trey Helps.
Fighting for Your Rights: We understand the devastating impact of drunk driving and are committed to tirelessly advocating for your rights. Our team will work diligently to ensure you receive the justice and maximum compensation you deserve.
Free Consultation: Take the first step towards recovery and justice. Contact us now for a free consultation to discuss the details of your drunk driving accident case and learn about your legal options.
Comprehensive Legal Support: We handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to pursuing litigation when necessary. Our goal is to alleviate your stress and allow you to focus on healing.

Don’t let the negligence of a drunk driver derail your life. Contact Trey Harrell Auto Accident and Personal Injury Attorney in Charleston, for experienced legal representation and a dedicated advocate on your side.