Drunk driving continues to be a serious issue in Simpsonville, SC, contributing to about 30% of all deadly vehicle accidents and resulting in roughly 300 fatalities each year. Additionally, over 5,000 non-fatal accidents annually involve DUI offenses, which include impairment from both alcohol and drugs.
Each of these tragic incidents could have been avoided, underscoring the profound and preventable loss experienced by victims and their families.
The repercussions of driving under the influence in Simpsonville, SC, extend beyond immediate harm. Such actions are legally treated as misdemeanors or felonies, depending on prior offenses and specific circumstances surrounding the incident.
As criminal proceedings take their course, potentially culminating in imprisonment, fines, or license suspension, victims—or their representatives in fatal cases—have the right to seek justice through personal injury claims.
The CEO Lawyer Personal Injury Law Firm dedicates our expertise to supporting victims of DUI accidents. Our mission is to secure the rightful compensation for those impacted by the reckless decisions of others, helping them move forward after devastating losses.
How Our Simpsonville Drunk Driving Accident Attorneys Support You
If you have been affected by a drunk driving accident in Simpsonville, seeking compensation for your injuries and associated costs is an important step. Handling the complications of insurance claims while recovering can be stressful.
Our Simpsonville drunk driving accident attorneys are here to assist you throughout the process.
Our team will take the following actions on your behalf:
- We will conduct a thorough investigation of the accident, gathering the necessary evidence to strengthen your compensation claim.
- We’ll document all your injuries and accurately assess both current and anticipated future medical expenses and losses.
- We’ll clearly outline your legal options for financial recovery, which may include filing claims against the at-fault driver’s insurance or pursuing cases against businesses if the incident occurred while the driver was working.
- Our specialists in accident reconstruction will be utilized to piece together how the accident occurred, providing clarity and support for your claim.
- We will handle all necessary insurance claims or draft demand letters to secure insurance payouts or settlement agreements.
- If required, we are prepared to represent you in court to ensure you receive the compensation you deserve.
Our firm has experience in providing you with the legal support needed to handle this challenging time, aiming to secure the best possible outcome for your case.
Why Should You Hire Our Simpsonville Drunk Driving Accident Law Firm?
Hiring a Simpsonville drunk driving accident attorney is essential, even when liability seems clear, such as in cases where the responsible driver has been charged with a DUI. It’s common to think a lawyer might not be necessary, especially if an insurance adjuster claims responsibility for the incident.
However, insurance companies typically aim to minimize payouts to protect their profits, making it risky to manage these claims without legal representation.
After a drunk driving accident, insurance adjusters often contact victims promptly, seeking statements or signatures that could potentially undermine their claim. It’s crucial to remember that anything said to an adjuster can be used against the victim, especially in efforts to attribute fault under South Carolina’s comparative negligence laws.
For example, mentioning that you were looking at your phone during the accident could significantly decrease the settlement offered.
Statistically, individuals represented by attorneys secure about 40% more compensation than those without legal representation. An attorney will understand the intricacies of Simpsonville law, effectively negotiate on your behalf, and conduct a thorough investigation of the accident.
This includes interviewing witnesses, reviewing medical records and police reports, and gathering any available visual evidence from the accident scene. In instances involving drunk drivers, this could extend to implicating social hosts or businesses under dram shop liability.
Our attorney will also explore potential damages, including punitive damages, which serve as a powerful negotiating tool in settlement discussions. Insurance companies often prefer to settle out of court, especially in drunk driving cases, which are likely to elicit little sympathy from jurors and potentially result in punitive damages being awarded.
The initial settlement offers from insurance companies are typically low and aimed at quick resolutions that may not cover all potential losses. Legal advice is indispensable to ensure fair compensation that addresses the full scope of your injuries and losses.
Our Simpsonville personal injury attorneys generally operate on a contingency fee basis, meaning their payment comes as a percentage of the settlement or verdict, aligning their interests with yours in maximizing the recovery amount. This arrangement also supports any upfront financial burden, allowing you to focus on recovery without concern for immediate legal fees.
How Are Drunk Driving Accident Claims Different From Criminal DWI Cases?
Drunk driving is illegal in Simpsonville, SC, as it is across the US. Those convicted of driving while impaired (DWI)—often called driving under the influence (DUI)—face a range of criminal and administrative consequences, including imprisonment, fines, and the suspension of their driving privileges.
While these penalties aim to prevent intoxicated driving and penalize offenders, they offer no direct compensation to the victims of such incidents.
Victims of drunk driving accidents, however, have the option to pursue a civil lawsuit for a drunk driving accident claim. This legal avenue is designed to provide financial redress for the various economic and non-economic impacts a victim suffers due to the crash.
These impacts, collectively referred to as “damages” in legal terms, encompass both direct financial burdens and broader personal losses.
Individuals initiating a drunk driving accident claim can seek recompense for several types of damages, including:
- Immediate and future medical expenses from emergency treatment to long-term care
- Costs for ambulance services and hospital stays
- Ongoing medical bills, including for medications and medical devices
- Loss of income and potential future earnings
- Reduced earning capacity if the injury leads to disability
- Physical pain and emotional suffering
- Psychological distress and the cost of therapeutic services
Additionally, in cases where the defendant’s behavior is particularly reckless or malicious, claimants may also pursue punitive damages. These are not meant as compensation but as a deterrent, penalizing severe negligence and deliberate disregard for the safety of others.
What Actions to Take If Hit by a Drunk Driver in Simpsonville?
Being involved in an accident with a drunk driver can be traumatic, but taking the right steps immediately afterward can safeguard your legal rights and support a potential compensation claim for any damages and injuries:
- Document the Accident Scene: Use your smartphone to take detailed photos or videos of the accident scene. Capture images of vehicle damage, skid marks, traffic signs, any obstructions to visibility, and the overall weather and road conditions at the time of the accident.
- Seek Medical Attention Promptly: Even if you don’t feel injured, it’s important to visit a doctor for a thorough examination. Some injuries might not be immediately apparent. Be sure to take photographs of any visible injuries to document them.
- Adhere to Medical Advice: Follow all treatment plans and recommendations provided by your healthcare provider to ensure a proper recovery.
- Gather and Organize Documentation: Collect all relevant documents such as medical records, bills, and receipts related to expenses incurred from the accident. Also, if you’ve lost wages due to time off work, ensure you have your pay stubs or other proof of income loss.
- Maintain a Recovery Journal: Keep a daily log detailing your recovery process, any pain experienced, and how the injuries have impacted your daily life and activities.
- Limit Public Interaction: Avoid talking about the accident details or your legal case on social media platforms. Also, refrain from posting any photos or videos that could be used to question the severity of your injuries.
- Consult a Legal Professional: Consider contacting a lawyer specializing in drunk driving accidents in Simpsonville. They can provide authentic guidance on your legal rights and the steps necessary to pursue fair compensation.
Can I File a Lawsuit for a Simpsonville, SC Drunk Driving Accident?
In Simpsonville, SC, you may be able to file a lawsuit for a drunk driving accident, which typically falls under intentional or reckless conduct within personal injury law. Unlike other negligence cases that require the plaintiff to prove carelessness, such as speeding or failing to check before merging, drunk driving involves the principle of negligence per se.
Under this principle, negligence is presumed if it can be shown that the defendant broke a law, such as DUI statutes, which are specifically designed to prevent harm from drunk driving and protect the general public.
To establish negligence per se in a drunk driving case, a plaintiff needs to demonstrate that the defendant violated a relevant law, that the law aims to protect against the type of harm that occurred, and that the plaintiff belongs to the class intended to be protected by that law. Successful application of this doctrine likely hinges on proving the driver was under the influence at the time of the accident.
Additionally, South Carolina’s dram shop liability laws may allow you to hold a bar or restaurant accountable if they contributed to the intoxication of the driver. These establishments can be sued if they served alcohol to someone who was visibly intoxicated, leading to the accident.
Determining liability might also involve exploring whether other parties, such as bars, taverns, clubs, or even social hosts, played a role in the events leading to the crash.
Guiding these legal waters can be complicated, so it’s advisable to consult with our Simpsonville drunk driving accident lawyer. They can guide the feasibility of filing a lawsuit and help you understand your legal rights and options during a free consultation.
Hurt in a Drunk Driving Accident? Give a Call to Our Simpsonville Drunk Driving Accident Lawyers
If you’ve been injured in a drunk driving accident, you need strong legal representation to protect your rights and pursue the compensation you deserve. Drunk driving remains illegal across all states and carries severe consequences, including incarceration, fines, and suspension of driving privileges.
Yet, this does not deter some from making the reckless decision to drive under the influence, leading to numerous injuries and fatalities in Simpsonville, SC, annually.
The CEO Lawyer Personal Injury Law Firm is committed to advocating for the rights of those injured by drunk drivers. Our experienced legal team diligently works to secure the most favorable outcomes for our clients, whether through settlement negotiations or by presenting the case to a jury at trial.
We are ready to provide you with the support and advice you need during this challenging time.
For a complimentary initial consultation with a Simpsonville skilled drunk driving accident attorney, please contact the CEO Lawyer Personal Injury Law Firm at (864) 664-3865 for a free consultation and start your journey to justice!
