Myrtle Beach Drunk Driver Accident Lawyer

Drunk driving crashes along the Grand Strand are not random acts of bad luck. They are the predictable result of a choice someone made, and the law holds that person accountable for every consequence that follows. When you or a family member has been hit by an intoxicated driver on Highway 17, Ocean Boulevard, or any of the roads connecting Myrtle Beach’s hotels, restaurants, and entertainment strips, you have legal rights that go well beyond what the at-fault driver’s insurance company will ever voluntarily offer. A Myrtle Beach drunk driver accident lawyer at Simmons Law Firm works to make sure those rights translate into actual compensation.

What makes these cases different from a typical car accident claim is not just the severity of the injuries, though drunk driving crashes tend to produce some of the most catastrophic trauma a trauma center sees. It is also the question of accountability. South Carolina law permits injured victims to pursue punitive damages in drunk driving cases because the conduct was not just careless but reckless and willful. That distinction matters enormously when it comes to the total value of a claim and the leverage you have in negotiating with insurers who know that a jury can hear the blood alcohol evidence.

Myrtle Beach draws millions of visitors each year, and the city’s economy is built around entertainment, nightlife, and hospitality. That same economy produces a high volume of impaired driving incidents, particularly along the corridor from Conway to North Myrtle Beach. The local courts, the insurance carriers that cover South Carolina drivers, and the process of building a winning claim all have characteristics specific to this region. Working with a drunk driver accident attorney who understands this landscape is not a formality. It shapes the outcome of your case.

What Sets Simmons Law Firm Apart in Drunk Driving Injury Cases

Simmons Law Firm has spent decades taking on large, well-resourced opponents on behalf of people who were harmed by someone else’s misconduct. The firm’s track record includes a $327 million judgment related to deceptive prescription drug marketing, a $45 million settlement involving Medicaid fraud, and numerous other eight- and nine-figure outcomes against corporations and institutions that had every incentive to stonewall injured parties. That background is directly relevant to drunk driving injury claims, because insurers and defense counsel behave the same way as any other large institution when significant money is at stake. They look for reasons to minimize. They look for gaps in the evidence. They wait for claimants to lose patience.

The firm’s attorneys and staff approach personal injury representation with what the firm describes as personal attention paired with the capacity to handle the most challenging and complex cases. For a family dealing with the aftermath of a drunk driving crash on the Grand Strand, that combination matters. You need a team that returns calls, explains what is happening, and actually prepares for trial if the insurance company refuses to pay what the case is worth. Simmons Law Firm does all of that, and the firm’s results speak to what happens when preparation and persistence are brought to cases of this kind. Clients throughout South Carolina have the option of a free initial consultation to discuss their situation directly with the firm.

Types of Drunk Driving Injury Claims the Firm Handles in the Myrtle Beach Area

• Catastrophic injury collisions: High-speed DUI crashes frequently result in traumatic brain injuries, spinal cord damage, and severe orthopedic trauma. These injuries require long-term medical management, and calculating the full scope of future care costs is essential before accepting any settlement.
• Wrongful death caused by a drunk driver: When a family loses a loved one to a driver who chose to get behind the wheel intoxicated, South Carolina allows surviving family members to bring a wrongful death claim. Damages can include funeral costs, lost financial support, and compensation for the profound loss the family has suffered.
• Pedestrian and bicycle accidents involving impaired drivers: The Ocean Boulevard and Broadway at the Beach areas see heavy pedestrian traffic, and intoxicated drivers in these zones have struck visitors and residents who had every right to be where they were.
• Rideshare and commercial vehicle DUI accidents: When an Uber, Lyft, or other commercial driver is intoxicated, questions of corporate liability layer on top of the driver’s personal responsibility. These claims involve different insurance structures and additional avenues for recovery.
• Dram shop liability: South Carolina law allows injured parties to pursue claims against bars, restaurants, and other establishments that served alcohol to a visibly intoxicated patron who then drove and caused a crash. The entertainment venues along the Grand Strand and in the Market Common area make this a relevant avenue in many Myrtle Beach DUI injury cases.
• Uninsured and underinsured motorist claims: Not every intoxicated driver carries adequate insurance. South Carolina requires drivers to carry uninsured motorist coverage, and your own policy may be a source of recovery when the at-fault driver’s limits fall short of your actual damages.
• Punitive damages in egregious DUI cases: When the evidence shows that a driver had an extremely high blood alcohol concentration, had prior DUI convictions, or fled the scene after the crash, South Carolina courts may award punitive damages on top of compensatory damages.

After the Crash: What You Should Actually Do in Myrtle Beach

The decisions made in the days immediately following a drunk driving crash have a real effect on what you are able to recover. The most important immediate step is getting proper medical care. Horry County is served by Grand Strand Medical Center in Myrtle Beach and Conway Medical Center in Conway. Even injuries that do not feel severe right away can involve underlying trauma that worsens without treatment, and a gap between the accident and your first medical visit is something an insurance adjuster will use against you.

Request the police report from the Myrtle Beach Police Department if the crash occurred within city limits, or from the Horry County Police Department, the South Carolina Highway Patrol, or the North Myrtle Beach Public Safety Department, depending on where the collision happened. The police report will document whether a DUI arrest was made, the officer’s observations of the driver’s impairment, and whether a breathalyzer or blood draw was administered. This document is foundational to your civil claim. If criminal charges are filed, you should also know that the criminal case moves on its own track, separate from your civil injury claim. You do not have to wait for a conviction to pursue compensation.

South Carolina’s standard statute of limitations for personal injury claims is three years from the date of the accident, but that window is not a reason to delay. Evidence disappears. Witnesses move. Surveillance footage from bars, restaurants, gas stations, and intersection cameras gets overwritten quickly, sometimes within days. A Myrtle Beach drunk driver accident attorney who gets involved early can send preservation notices, gather footage, and secure the evidence that makes your case stronger before it is gone. If the crash resulted in a fatality, wrongful death claims also generally run on a three-year timeline, but specific circumstances can affect that calculation and consulting an attorney promptly remains important.

Avoid giving recorded statements to the at-fault driver’s insurance company before speaking with an attorney. Adjusters are trained to ask questions in ways that can minimize your claim, and anything you say will be used to shape how the company values your case. You have no obligation to provide a recorded statement to the other driver’s insurer.

How South Carolina Law Treats Drunk Driving Injury Claims

Civil liability in a drunk driving case flows from the same principles as any negligence claim: the driver owed a duty to others on the road, choosing to drive while intoxicated breached that duty, and the crash caused the victim’s injuries and losses. What makes DUI cases distinctive is that the criminal evidence, blood alcohol results, field sobriety test performance, officer observations, and any prior record, tends to be highly probative on the question of whether the driver’s conduct was reckless rather than merely careless.

South Carolina follows a modified comparative fault rule. As long as an injured person was less than 51 percent responsible for the crash, they can recover damages, though the award is reduced proportionally. In a DUI case, the at-fault driver’s intoxication typically makes it difficult to assign significant fault to the victim, but defense attorneys may still look for ways to raise that argument. Speeding, failing to signal, or even the location where you were walking can become points of dispute if the defense sees an opening.

Compensatory damages in a drunk driving injury case cover medical bills both past and future, lost wages and diminished earning capacity, property damage, physical pain, emotional distress, and the loss of enjoyment that results from a serious injury. When the evidence supports a punitive damages claim, those amounts can substantially exceed the compensatory damages, which changes the negotiating dynamic with insurers significantly. A Myrtle Beach injury attorney with trial experience will evaluate whether the facts of your specific case support a punitive claim and position the case accordingly from the start, not as an afterthought when negotiations stall.

Questions People Ask About Drunk Driving Accident Claims in South Carolina

Does the drunk driver have to be convicted before I can file a civil lawsuit?

No. Your civil injury claim is entirely separate from any criminal prosecution. A DUI conviction is helpful evidence, but you can file and win a civil case even if the driver’s criminal charges are reduced, dismissed, or still pending. The standards of proof are different. Civil cases require a preponderance of the evidence, which is a lower bar than the beyond a reasonable doubt standard used in criminal court.

What compensation can I actually recover in a drunk driving crash case?

You can seek damages for all medical expenses related to the crash, lost income from time you missed at work, future medical treatment costs, permanent disability or disfigurement, pain and suffering, and emotional harm. In cases involving especially reckless conduct, South Carolina also allows punitive damages, which go beyond making you whole and are intended to punish the wrongdoer and discourage similar behavior.

The drunk driver had no insurance. Does that mean I cannot recover anything?

Not necessarily. South Carolina law requires you to carry uninsured motorist coverage, and that coverage can step in when the at-fault driver has no insurance or inadequate limits. You may also have a dram shop claim against a business that served the driver, which provides another avenue for recovery independent of the driver’s own insurance status.

Can I sue the bar or restaurant that served the drunk driver?

South Carolina has a dram shop liability framework that allows injury victims to pursue claims against establishments that served alcohol to someone who was visibly intoxicated and then caused a crash. Whether this applies in your case depends on the evidence available, including witness statements, surveillance footage, credit card receipts showing what the driver ordered and when, and other documentation from the establishment.

What if the drunk driver was a rideshare driver who had a passenger?

Rideshare companies like Uber and Lyft carry commercial insurance policies that apply when their drivers are on an active trip. If the driver was intoxicated while transporting a passenger or even just while the app was active, there may be significant insurance coverage available through the company’s commercial policy in addition to the driver’s personal insurance. These claims require careful analysis of the policy terms and the driver’s status at the time of the crash.

How long does a drunk driving injury lawsuit typically take to resolve in South Carolina?

Cases resolved through settlement can be concluded in months if the liability is clear and the injuries are well-documented. Cases that proceed to trial in Horry County’s courts typically take longer, often a year or more depending on the court’s docket and the complexity of the damages evidence. Cases involving catastrophic injuries or disputed liability, including situations where the defendant challenges the blood alcohol results or claims a third party caused the crash, tend to take more time to resolve.

The drunk driver hit me and then fled the scene. Can I still recover damages?

Hit-and-run crashes are handled through your own uninsured motorist coverage in South Carolina. Even if the driver is never identified, your policy’s uninsured motorist provision can provide compensation for your injuries, subject to your coverage limits. If the driver is later identified, you would then have a direct claim against them as well. Reporting the crash immediately to the police and your own insurer preserves your rights in this situation.

Will my health insurance company take money from my settlement?

If your health insurance paid for medical treatment related to the crash, the insurer may have a subrogation right, meaning it can seek reimbursement from your settlement proceeds. The extent of this right depends on the type of health coverage you have and the plan’s specific terms. An attorney can often negotiate to reduce these reimbursement amounts, which affects how much of your settlement you actually take home.

What happens if the drunk driver claims I was also at fault for the crash?

South Carolina’s modified comparative fault rule allows recovery as long as you were less than 51 percent responsible for the accident. If the defense argues that you contributed to the crash, your attorney will work to counter that argument with the available evidence, including police reports, witness accounts, and accident reconstruction if needed. Your damages award would be reduced by your percentage of fault, but a partial reduction is far better than the total bar on recovery the defense is hoping for.

What is the value of hiring a lawyer for a DUI crash where the other driver clearly admits fault?

Even in cases where fault is obvious, the fight is usually about damages, not liability. Insurance companies routinely argue that certain medical treatments were unnecessary, that future care costs are overstated, or that your injuries were pre-existing. Without an attorney who understands how to build and present a complete damages picture, including life care plans, vocational experts, and medical testimony about long-term prognosis, you are likely to accept far less than what your injuries actually cost you over the course of your life.

Representing Drunk Driving Accident Victims Across the Grand Strand and Beyond

Simmons Law Firm serves injured clients throughout the Myrtle Beach area and the broader coastal region of South Carolina. The firm represents clients from the Myrtle Beach city core, including the areas around Broadway at the Beach, the Pavilion district, and the beachfront corridor, as well as residents and visitors in North Myrtle Beach, Surfside Beach, Garden City, Murrells Inlet, and Pawleys Island. The firm also handles drunk driving injury cases for clients in Conway, Loris, and the communities throughout Horry County, extending south toward Georgetown and the Georgetown County area. Inland communities including Aynor and Galivants Ferry are also within the firm’s reach, as are clients who were injured visiting the Grand Strand from the Pee Dee region, including Florence, Marion, and Darlington. The firm is based in Columbia, at the center of South Carolina, and has the capacity to represent clients across the state wherever a drunk driving crash has caused serious injury or loss.

Contact a Myrtle Beach Drunk Driving Accident Attorney at Simmons Law Firm

The period after a serious crash is not the time to figure out insurance law, preserve evidence, or negotiate with adjusters who handle these claims every day. A Myrtle Beach drunk driving accident attorney at Simmons Law Firm can take those responsibilities off your plate and pursue the full value of what you have lost. The firm offers free consultations to injured people and their families, and there is no fee unless you recover. Call Simmons Law Firm to speak directly with someone who can evaluate your case and explain your options clearly.