South Carolina Drunk Driver Accident Lawyer
Drunk driving crashes are not accidents in the ordinary sense. They are entirely preventable. When a driver chooses to get behind the wheel after drinking, they make a conscious decision that puts every other person on the road at risk, and when that decision kills or injures someone, the law holds them responsible. A South Carolina drunk driver accident lawyer at Simmons Law Firm handles these cases with the understanding that the victim’s injuries, medical costs, lost income, and suffering deserve full and serious compensation, not a quick settlement that falls short of what was actually lost.
South Carolina roads see a significant number of impaired driving crashes each year. Interstate 26 running through Columbia, I-20, Highway 378, and the connector routes through the Midlands and Lowcountry are corridors where these crashes happen with disturbing regularity, particularly late at night and on weekends. Victims often face severe injuries because drunk drivers tend to strike at high speed or without braking, delivering full-force impact that causes traumatic brain injuries, spinal cord damage, broken bones, and internal injuries. The physical and financial toll can be enormous, and the road to recovery is long.
Civil claims against drunk drivers run parallel to whatever criminal charges the state brings, and they are separate proceedings with different standards and different outcomes. Even if a drunk driver is never convicted, even if charges are reduced or plead down, you can still hold that driver civilly liable for the harm they caused. Our firm has spent decades going up against insurance companies that would rather minimize your claim than pay what it is worth. That changes when you have experienced legal counsel in your corner pressing the full case.
What Simmons Law Firm Brings to Drunk Driving Injury Cases
Simmons Law Firm has recovered significant results for injury victims across South Carolina, including cases involving the most catastrophic and complex injuries. Our track record includes a $327 million judgment for deceptive marketing of a prescription drug, a $45 million settlement for Medicaid fraud, and numerous other eight-figure recoveries that reflect our willingness and ability to fight large, well-funded opponents. Insurance companies are exactly those kinds of opponents, and we have spent years learning how they operate and how to build cases that move them toward fair outcomes.
We are big enough to handle the most demanding litigation, including cases that require accident reconstruction experts, medical specialists, and thorough analysis of police reports, toxicology results, and insurance coverage. We are also small enough that every client gets real, personal attention. Our attorneys and staff genuinely care about what happens to you, not just the outcome of the case but your recovery, your family’s stability, and your ability to move forward. When you call us, you will speak with someone who understands what you are going through and is prepared to fight for everything the law allows.
Types of Drunk Driving Crash Claims We Handle in South Carolina
- Serious and catastrophic injury crashes: Drunk driving wrecks routinely produce traumatic brain injuries, spinal cord injuries, amputations, and severe orthopedic fractures that require surgeries, extended rehabilitation, and lifetime care. These cases involve large damages and require thorough documentation of both current and future losses.
- Wrongful death claims: When a drunk driver kills someone, South Carolina law allows surviving family members to bring a wrongful death action. Recoverable damages include funeral expenses, the financial support the deceased would have provided, and the loss of companionship and care that the family will never recover.
- Multi-vehicle pileup crashes: Impaired drivers sometimes trigger chain-reaction collisions involving multiple vehicles. Sorting out liability and insurance coverage across multiple parties requires careful legal analysis and aggressive pursuit of all available sources of compensation.
- Commercial driver DUI accidents: Truck drivers, bus drivers, and other commercial operators are held to stricter impairment standards under federal regulations. When a commercial driver causes a crash while impaired, both the driver and the trucking or transportation company may be liable.
- Dram shop and third-party liability: South Carolina law can impose liability on bars, restaurants, and other alcohol vendors that served a visibly intoxicated person who later caused a crash. These third-party claims add an additional source of recovery beyond the at-fault driver’s own insurance policy.
- Hit-and-run crashes involving suspected impairment: Drunk drivers who flee the scene create a different legal challenge. Uninsured motorist coverage, investigation into the vehicle’s identity, and other legal tools can still allow victims to recover damages even when the at-fault driver initially escapes.
- Rideshare and taxi DUI crashes: Rideshare drivers operating while impaired present unique insurance questions given the layered coverage structures that Uber, Lyft, and similar companies use depending on driver status at the time of the crash.
Proving Liability and Pursuing Full Damages After an Impaired Driving Crash
Criminal prosecution and civil liability are different legal tracks. The state must prove a drunk driver’s guilt beyond a reasonable doubt. In your civil case, the burden is lower: a preponderance of the evidence, meaning it is more likely than not that the driver’s negligence caused your injuries. That means even cases where criminal charges were reduced, dismissed, or resulted in an acquittal can still produce successful civil outcomes.
The building blocks of a drunk driving civil case are the police crash report, field sobriety test results, breath or blood alcohol test results, witness statements, surveillance footage from nearby businesses or traffic cameras, and the medical records that document the injuries. Our attorneys work quickly to preserve this evidence before it disappears. Surveillance footage is often overwritten within days. Witnesses’ memories fade. Toxicology reports from the scene need to be obtained through the right legal channels.
On the damages side, South Carolina allows injury victims to recover economic and non-economic losses. Economic damages cover medical bills already incurred, the cost of future medical treatment and rehabilitation, lost wages during recovery, and diminished earning capacity if the injury prevents you from returning to your former work. Non-economic damages cover physical pain, emotional suffering, loss of enjoyment of life, and the lasting impact the injury has on daily functioning and relationships. In cases where the drunk driver’s conduct was especially egregious, South Carolina also permits punitive damages, which go beyond compensating the victim and are designed to punish the wrongdoer and deter similar conduct. Drunk driving is precisely the kind of willful, reckless behavior that courts have found warrants punitive awards.
Insurance companies handling these claims know the value of a strong case with solid evidence, represented by attorneys who are prepared to litigate. They also know the value of an unrepresented claimant who is unfamiliar with their rights and eager to settle quickly. Our job is to make sure you are in the first category, not the second.
What to Do After a Drunk Driving Crash in South Carolina
If you were injured in a crash involving a suspected drunk driver, the steps you take in the days and weeks that follow directly affect the strength of your claim. Start by getting medical attention, even if you feel relatively okay at the scene. Adrenaline masks pain, and some serious injuries, including concussions and internal bleeding, do not present obvious symptoms immediately. A documented medical evaluation from the date of the crash creates a clear record connecting your injuries to the collision.
The crash will typically be handled by the South Carolina Highway Patrol if it occurred on a state road or highway, or by the local police department if it happened within a municipality. Request a copy of the official incident report as soon as it becomes available. In the Columbia area, crashes may be investigated by the Columbia Police Department or the Richland County Sheriff’s Department. The Lexington County Sheriff’s Department handles incidents in that county. If the crash resulted in a fatality or serious injury, a specialized traffic investigation unit may respond.
Civil claims arising from a drunk driving crash in South Carolina must generally be filed within three years of the date of the injury. That deadline can feel distant when you are in the middle of treatment and recovery, but building a strong case takes time, and waiting too long restricts the work that can be done. If a government entity, government vehicle, or government employee is involved in any way, notice requirements may apply that are far shorter than the standard three-year window. Do not assume you have unlimited time.
Avoid giving recorded statements to the at-fault driver’s insurance company before consulting with an attorney. Insurance adjusters are not on your side. Their job is to evaluate claims from the company’s perspective, and anything you say, even something completely innocent, can be used to minimize what they pay. Reach out to a South Carolina drunk driving accident attorney before engaging with insurers on the substance of your claim.
Questions People Ask About South Carolina Drunk Driving Accident Claims
Does a DUI conviction help my civil case?
Yes. A DUI conviction can be used as evidence in your civil case and establishes that the driver was impaired. However, a civil claim does not depend on a criminal conviction. You can prevail in civil court even if the driver was not convicted, because the legal standard in a civil case is lower than in a criminal case.
What compensation can I recover after a drunk driving crash in South Carolina?
South Carolina allows recovery for current and future medical expenses, lost wages and reduced earning capacity, property damage, physical pain, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving extreme recklessness, punitive damages may also be available.
What is the statute of limitations for a drunk driving injury claim in South Carolina?
The general statute of limitations for personal injury claims in South Carolina is three years from the date of the injury. Claims involving a government entity may require much earlier notice. Claims on behalf of minors have different rules. Consult with an attorney promptly to make sure your deadline is correctly identified.
Can I sue a bar or restaurant that served alcohol to the drunk driver?
South Carolina has dram shop laws that can impose liability on licensed alcohol vendors who serve visibly intoxicated persons who go on to cause injury. These claims are fact-specific and require evidence of the vendor’s knowledge of the patron’s intoxication, but when the evidence supports it, they provide an additional source of recovery beyond the driver’s own insurance.
What if the drunk driver had no insurance or minimal coverage?
Uninsured and underinsured motorist coverage on your own policy can fill the gap when the at-fault driver has no coverage or not enough. Your attorney can review all available insurance sources, including your own policy, any applicable commercial vehicle policies, and potential dram shop claims, to identify every avenue for recovery.
Can I still recover damages if I was partially at fault for the crash?
South Carolina follows a modified comparative fault rule. You can recover damages as long as your share of fault is less than fifty-one percent. Your total recovery is reduced by your percentage of fault. For example, if you were found ten percent at fault and your damages are $100,000, you would recover $90,000. Drunk drivers who cause crashes typically carry the overwhelming share of fault.
How does the civil case interact with the drunk driver’s criminal case?
The two proceedings are separate. Criminal charges are pursued by the state; your civil claim is pursued by you. A criminal guilty plea or conviction can support your civil case, but a not guilty verdict or a plea to a lesser charge does not prevent you from winning your civil claim. The evidence standards and procedures differ significantly between the two systems.
What if the drunk driver was driving a company vehicle or was on the job?
If the at-fault driver was operating a vehicle in the course of employment, their employer may also be liable. This is particularly relevant in commercial trucking, delivery, and other industries where drivers are on the road regularly. Employer liability can mean access to significantly larger insurance policies and assets.
How long will it take to resolve my drunk driving injury claim?
The timeline depends on the severity of your injuries, the complexity of the insurance coverage involved, and whether the case settles or goes to litigation. Cases involving serious injuries often take longer because the full extent of future medical needs must be established before settlement can be properly evaluated. Rushing to settle before your medical picture is clear can leave significant compensation on the table.
Are punitive damages common in drunk driving cases in South Carolina?
South Carolina courts recognize punitive damages in cases involving willful, wanton, or reckless conduct. Driving while impaired can meet that standard, particularly when a driver had a high blood alcohol concentration, had prior DUI history, or engaged in especially dangerous behavior such as driving the wrong way. Punitive damages are not guaranteed, but they are a legitimate component of a drunk driving case that an attorney should evaluate from the start.
What if the crash happened in a parking lot or on private property?
A crash does not have to occur on a public road to support a civil claim. If a drunk driver strikes you in a parking lot, private road, or other private property, the same principles of negligence apply. Coverage questions may differ slightly, but the fundamental legal claim remains intact.
Representing Drunk Driving Crash Victims Across South Carolina
Simmons Law Firm represents injured clients from communities throughout South Carolina. Our primary offices are in Columbia, in the heart of the state, and we handle cases from the Midlands region through the Upstate and down into the Lowcountry. We represent clients from Richland County, Lexington County, Kershaw County, and Newberry County in the Columbia area, and we extend our representation to clients in Greenville, Spartanburg, Anderson, and the surrounding Upstate communities. Clients from the greater Charleston area, including North Charleston, Mount Pleasant, Summerville, and Goose Creek, have trusted us to handle serious injury cases. We also represent clients from Myrtle Beach, Conway, Florence, Sumter, Orangeburg, Aiken, Rock Hill, and Fort Mill.
Throughout the Pee Dee region, the Lowcountry, and the Grand Strand, we work with clients who have been seriously hurt in impaired driving crashes and need a law firm with the resources and experience to pursue full compensation. Wherever in South Carolina the crash occurred, if the injuries are serious, we want to hear from you.
Talk to a South Carolina Drunk Driving Accident Attorney Today
A drunk driver made a choice that altered your life. You deserve a legal team that takes the full measure of what was done to you and pursues accountability without cutting corners. At Simmons Law Firm, our South Carolina drunk driving accident attorneys work with focus and dedication on behalf of injured clients and the families of those killed by impaired drivers. We offer free consultations, and we are ready to listen to what happened and explain what your options are. Call us today to get started.