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 Hughey Injury Lawyers Drunk Driving Accidents Charleston - Mount Pleasant

Drunk Driving Accidents EXPERIENCE. INTEGRITY. RESULTS.

Awards & Accolades
  • AV
    Attorney Nathan Hughey is rated AV Preeminent® rated by Martindale-Hubbell®. Mr. Hughey’s peers rank him at the highest level of professional excellence.
  • Client distriction award 2013
    Attorney Nathan Hughey has been awarded the Martinedale-Hubble* Client Distinction Award, which is given to less than 4% of the 900,000+ attorneys listed on martindale.com and lawyers.com.
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    Attorney Nathan Hughey has been selected by Top Rated Lawyers as a top attorney in the area of Transportation Law.
  • trial lawyers
    Attorney Nathan Hughey has been awarded recognition as a National Trial Lawyers Association Top 100 Trial Lawyer.
  • million dollar advocates forum
    Attorney Nathan Hughey has been awarded membership to the Million Dollar Advocates Forum, based on the recoveries he has obtained for clients which exceed
    $1 Million each.

Drunk Driving Accidents

Have You Been Injured by an Intoxicated Driver?

According to the NHTSA, in 2013, alcohol-impaired crashes accounted for 31% of all traffic fatalities in the United States. This amounts to one death every 51 minutes. See full article here. Drivers who are impaired by alcohol or drugs are a danger to everyone around them including other drivers, passengers, pedestrians, bicyclists and even to themselves.

If you have been injured in a motor vehicle accident in which the at-fault driver was found to have consumed alcohol, there are claims that may be filed on your behalf other than those against the at-fault driver's auto insurance and your underinsured motorist (UIM) insurance coverage. If the at-fault driver became intoxicated at a public venue such as a restaurant or bar, you may have a claim to recover for your injuries against that venue under South Carolina's "dram shop" liability. You may also have a claim against a private party, known as a social host, for allowing the at-fault driver to consume alcohol while a minor under age 21. As these claims are highly technical and often require a great deal of resources to prosecute, it is likely in your best interest to seek experienced legal representation to obtain full compensation for all your damages.

South Carolina's Dram Shop (Alcohol) Liability Explained

Unlike some states, South Carolina does not have a specific dram shop act or statute in place regulating this field of tort liability. Instead, a series of South Carolina Supreme Court decisions cemented our state's recognition of the moral reprehensibility associated with drunk driving and a willingness to punish all those involved with a terrible act.

In these cases, the South Carolina Supreme Court held that establishments licensed to sell alcoholic beverages may be civilly liable for violations of criminal statutes. See Tobias v. Sports Clubs, Inc., 332 S.C. 90, 92, 504 S.E.2d 318, 319 (1998).

One common statutory violation resulting in civil liability occurs when a restaurant or bar knowingly serves an intoxicated patron. See, Hartfield v. The Getaway Lounge and Grill, Inc., 388 S.C. 407, 697 S.E.2d 558 (2010). A restaurant or bar can also be held civilly liable for serving a minor. In these two instances, statutes that may have been violated include:

South Carolina Code Ann. §61-4-580: Prohibited Acts
(A) No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permit may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:

  1. sell beer or wine to a person under twenty-one years of age
  2. sell beer or wine to an intoxicated person.

    South Carolina Code Ann. §61-6-4080: Sale to Person Under The Age of Twenty-One Years
    (A) A person engaged in the sale of alcoholic liquors who knowingly sells alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor.

    South Carolina Code Ann. §61-6-2220. Sales To Intoxicated Persons.
    A person or establishment licensed to sell alcoholic liquors or liquor by the drink pursuant to this article may not sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and are subject to the penalties herein.

    In South Carolina, any patron with a blood alcohol content greater than 0.08 (>.08 BAC) may be considered intoxicated. The jury will be instructed that they may therefore infer that patron was knowingly served while intoxicated.

    How Our Personal Injury Lawyers Can Help You

    At Hughey Law Firm, our team of lawyers uses any and all available resources to discover the extent of your claim, including accident re-constructionists, private investigators, dram shop liability expert witnesses, medical experts, and more. Since our attorneys work on a contingency fee basis, we will front the costs to prosecute your claim and won’t recoup these costs unless we are able to recover a monetary award from the at-fault parties or their insurance companies. Our lawyers have all the necessary experience to effectively prosecute all of your claims to the fullest extent of the law to obtain a just reward for your injuries suffered as the result of a drunk driving auto accident.

    Contact us today for a free consultation to review your case and determine if retaining a lawyer is in your best interest.

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    Areas of Law We Practice

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    Auto Accidents

    If you have been injured in an auto accident, give Hughey Injury Lawyers a call today and find out what your claim is worth and how to fight for compensation.

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    Personal Injury

    Do not let a personal injury fall by the wayside due to improper representation. Our lawyers will fight for fair compensation so you can move on with your life.

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    Workers' Compensation

    Being injured at work can seriously affect you and your family. If this has happened to you, let Hughey Injury Lawyers fight for workers compensation today.

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    Maritime Law

    Please do not let an injury at port or seas take the legs out from underneath you. Our firm handles all areas of admiralty law and protection for seamen.

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    Nursing Home Injuries

    Hughey Injury Lawyers fights for the elderly who have been injured or mistreated in our state's nursing homes. Protect our elder and do what is right.

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    Medical Malpractice

    Doctors and physicians are not always right. If you have been injured due to the malpractice of a physician, call Hughey Injury Lawyers today.

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    Civil and Business Litigation

    If you own a business, you understand the importance of handling disputes in a timely and professional manner. Protect yourself and your business.

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    Contact Hughey Law Firm

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