South Carolina Drunk Driving Accident Lawyers
Accidents caused by drunk driving are devastating. Knowing the accident could have been prevented had the driver made a different choice makes the aftermath of these accidents even more difficult for victims and their loved ones. If you or your loved one was hurt or lost their life due to a drunk driver, we are so sorry.
At Cavanaugh & Thickens, LLC, we help you get the justice you deserve following an unexpected accident, while fighting tirelessly to secure you with the best outcome possible for the best future ahead. With decades of combined experience, our South Carolina DUI accident attorneys are here to get you the compensation you deserve, hold the at-fault parties accountable, and ease the physical, financial, and emotional burdens that frequently follow these types of crashes.
For a free case evaluation directly with an award-winning lawyer, simply call our office now at (803) 888-2200 or complete our secure online form. We are available via phone 24/7.
How Will Hiring a DUI Accident Attorney Help?
While we desperately wish we could go back in time and prevent accidents from happening in the first place, we take great pride in being able to help families focus on what matters most: healing. Allow our team to take the legal burden off of you so you can focus on recovering.
With our team on your side, you can expect us to guide you through the legal process and optimize your case to ensure you get the entirety of what you’re owed under South Carolina law for all related damages such as:
- Past, present, and future medical expenses
- Long-term care needs
- Past and future lost wages
- Reduced earning capacity
- Physical therapy costs
- Prescription medication costs
- Pain and suffering
- Wrongful death
- Funeral and burial expenses
- Loss of companionship
- Punitive damages, and more.
This list is a good starting point; however, you may be entitled to other forms of compensation as well depending on the specifics of your case.
We will go over all of this with you during your complimentary case evaluation so you understand what to expect.
What Are Punitive Damages?
There are a few different forms of compensation that a jury can award in South Carolina personal injury cases:
Compensatory/Actual Damages: This type of damage compensates the victim for items like hospital bills, therapy costs, lost wages, and other monetary losses.
Non-Economic/General Damages: These compensate the victim for pain and suffering, emotional distress, loss of enjoyment of life, and other damages that don’t have a direct monetary value.
Punitive Damages: These are designed to discipline the defendant (at-fault party) for their reckless or illegal behaviors in an attempt to discourage others from acting the same way in the future. When an accident involves alcohol or drugs, there is no limit on the punitive damages a jury can award.
What Are South Carolina Dram Shop Laws?
In specific instances, you may be able to file a dram shop case in addition to the car accident case. While South Carolina does not have an explicit Dram Shop Statute for civil cases, under South Carolina law (S.C. Code Ann. § 61-4-580), it is illegal to knowingly serve alcohol to any person who is intoxicated or under the legal drinking age of 21.
Dram shop liability, otherwise known as liquor liability or social host liability, holds owners of establishments that sell alcohol to either underage or already intoxicated patrons responsible for the patron’s actions after they leave.
This means that if an individual or an establishment serves alcohol to someone who is underage or while they are impaired, and that person gets behind the wheel and causes an accident, then the establishment/individual can be held responsible for compensating the victims.
Our lawyers will conduct a thorough investigation to see if you have a dram shop case in addition to your case against the at-fault drunk driver.
How Common Is Drunk Driving in South Carolina?
Tragically, South Carolina is ranked the worst state in the US for drunk driving, with 43% of all fatal SC auto accidents caused by drunk drivers. This is a devastating statistic that highlights the seriousness of these accidents in the Palmetto State.
In addition, there were 28,083 reported DUI-related collisions in South Carolina from 2018-2022 alone.
Alcohol causes poor judgment, slows reaction time, and negatively impacts your ability to concentrate and make decisions.
According to the South Carolina Department of Public Safety (SCDPS), if your BAC reaches 0.08, you are three times more likely to have a traffic collision than if you had a BAC of zero. With a BAC of .25%, your chances of being in a traffic wreck are 25 times greater.
Driving drunk is an intentional decision. When this decision results in an accident, the intoxicated driver must be held accountable for the accident and used as an example to prevent these accidents from happening again in the future.
Statute of Limitations for Drunk Driving Accidents
In South Carolina, you generally have three years from the date of the accident to take legal action. Depending on the specifics of the case, this timeline may be reduced significantly. You should act quickly to ensure critical data is gathered and preserved.
Our lawyers will obtain critical evidence to prove negligence in your case – a critical part of all South Carolina personal injury cases. This includes gathering and preserving photos, obtaining security footage, medical records, black box data, witness testimony, and much more.
Common Elements of Drunk Driving Cases
Despite drunk driving being illegal, our law firm continues to see and represent the victims of these careless accidents every day. Many times, drunk driving accidents have other contributing factors, such as:
- Speeding
- Crossing center lines
- Running red lights
- Falling asleep at the wheel
- Racing
- Running stop signs
- Driving distracted
- Unsafe merging
- And more.
Whatever the case may be, we’re here to fight for you.
Contact the Reputable DUI Accident Lawyers at Cavanaugh & Thickens, LLC Today
The aftermath of a DUI accident can be traumatic – from a fear of driving to expensive medical bills – you may not know where to start.
Luckily, you can rest assured knowing that our team has the experience and resources needed to protect you and fight for you inside and outside of the courtroom.
For a free case evaluation directly with an award-winning South Carolina DUI accident attorney, contact our office today by calling (803) 888-2200 or completing our online form. We look forward to supporting you and ensuring you get the justice you deserve.
Frequently Asked Questions
How Much Will Hiring a DUI Lawyer Cost?
At Cavanaugh & Thickens, LLC, it won’t cost you anything to hire our reputable team. We work on a contingency fee basis, meaning we simply collect a percentage of the total compensation earned on your behalf at the end of the case. There are no up-front or out-of-pocket fees, and you owe us nothing unless we secure compensation on your behalf.
Does Your Team Handle Dram Shop Cases?
Yes, our law firm handles Dram Shop Cases. With decades of combined experience, our lawyers have the experience and resources needed to represent you and your loved ones in a DUI accident case and dram shop case.
For a free case evaluation to see how we can help, simply contact our office today.
What Are Signs of a Drunk Driver?
MADD has a great list of signs to spot a drunk or drugged driver. Signals include:
- Quick acceleration
- Quick deceleration
- Tailgating
- Swerving or zig-zagging
- Driving off the road
- Almost striking objects, curbs, or vehicles
- Stopping without cause
- Erratic braking
- Drifting over lines
- Driving without the headlights on at night
- Driving slower than 10 mph below the limit
- And More.
Will The Other Driver Be Charged Criminally?
Ultimately, the state is responsible for prosecuting criminal charges against an intoxicated driver.
South Carolina law prohibits driving with a BAC of 0.08 percent or higher. It is also against the law to drive a vehicle while under the influence of drugs and/or a combination of alcohol and drugs to the extent that your ability to drive is impaired.
In our experience, some grieving families prefer to be involved with the criminal proceedings against the at fault driver. In this case, our team may be able to work with the solicitors to get you the opportunity to speak at the sentencing.
On the other hand, some of our clients prefer less direct involvement with the at-fault party.
There is no one-size fits all when it comes to coping with a DUI accident, and we’re here to help you as best as we can depending on your preferences.
What If The Drunk Driver Was Uninsured or Had Minimum Coverage?
Even if the driver was uninsured or had less coverage than your resulting damages, you may still be able to seek compensation. This can be done through other forms of insurance, such as excess liability coverages, umbrella policies, UIM, UM, MedPay, PIP, and more.
To find out more, contact our office today.