I Was Riding in a Car With a Drunk Driver and Injured After an Accident. Can I Sue?
Yes. You face the risk of the court possibly assigning some fault to you for getting into a motor vehicle with an impaired driver, but if the driver caused an accident and you were injured, you can file a claim under South Carolina law.
I’m Partially to Blame for the Accident Even Though the Other Driver Was Drunk. Can I Still Sue for Damages?
South Carolina applies comparative negligence to personal injury lawsuits. Once a South Carolina court hears a personal injury case and determines the defendant was negligent, they assign a percentage portion of fault to each party named in the lawsuit. If the court finds you are partially at fault for the accident, they will reduce any […]
How Long Do I Have to Take Legal Action Against the Driver Who Hit Me?
Under South Carolina law, you have three years to initiate a lawsuit from the date of your accident. In rare cases, the court might extend the statute of limitations. For example, if the drunk driver left the state after the accident, but before you initiated your lawsuit, the court might stop the clock until the […]
Can I Sue the Bar Where the Drunk Driver Was Drinking Before He Hit Me?
Most states have a Dram Shop law that exists to prevent bars, restaurants, clubs, and other social hosts from serving alcohol to intoxicated persons and those who are younger than 21. South Carolina does not have an explicit Dram Shop law, but existing alcohol control laws provide an avenue to prosecute or sue a liable […]
The Drunk Driver Who Hit Me Doesn’t Have Insurance, Now What?
Under South Carolina law, motorists must carry uninsured motorist coverage at the same level required for liability insurance. South Carolina drivers must have $25,000 bodily injury liability per person, $50,000 per incident, and $25,000 property damage liability in case they are involved in an accident. Uninsured motorist coverage will cover you for a drunk driver without insurance, […]
Will the Court Award Punitive Damages in a Charleston DUI Accident Case?
In personal injury cases, a court awards punitive damages to punish the defendant and deter them from repeating the same negligent behaviors. Punitive damages rare and courts only award them in cases of intentional harm and extreme cases of gross negligence. Whether or not you receive punitive damages depends on the details of your case […]
How Can I Recover Damages After a Charleston DUI Accident?
South Carolina is a tort liability state, which means that insurance companies assign fault when a car accident occurs. When one of the drivers in an accident gets a DUI, they have a higher chance of being held liable. Your first step in recovering damages is to file an insurance claim with your carrier, who […]
What Should I Do if a Drunk Driver Hits Me in Charleston?
If you are physically able, call the police as soon as possible so they come to the scene of the accident. Law enforcement will arrive, gather information and do a preliminary investigation of the accident. While you are waiting, use your time to exchange contact and insurance information, and also get contact information from any […]
What Can I Do to Protect My Legal Rights in a Charleston Drunk Driving Accident Case?
In addition to not posting accident information on social media, you can help your drunk driving accident case by providing your lawyer with your evidence. These items may help your lawyer as they investigate your accident: The top priority for you after a Charleston drunk driving accident is your health and recovery. If your injuries are too […]
What Do I Do If a Charleston Drunk Driving Killed a Loved One?
According to the National Highway Safety Traffic Administration (NHTSA), one person dies every 52 minutes in the United States due to a drunk driver. The loss of a loved one in a drunk driving accident may qualify you for pursuing a wrongful death claim and lawsuit. A Charleston lawyer can determine if you qualify for compensation. Drunk driving […]
Can I Share Information About My Accident on Social Media?
No. You should not share information about your accident on social media. While it may serve as a way to update multiple friends and family at once, it could come back to bite you. Unfortunately, a defendant or their insurer might try to twist anything you post publicly against you. Photographs of the accident scene, […]
Why Must I Act Quickly?
You may be aware that the statute of limitations for a personal injury lawsuit in South Carolina is three years. You might not know why you must get a start on your claim much sooner than the week before the three-year mark. When you delay: If the statute of limitations expires before you file your […]