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Motorists in Lancaster and throughout the State of South Carolina are forbidden by law to operate a car if their blood alcohol content (BAC) meets or exceeds 0.08 percent. Despite these statutory requirements, careless and negligent drivers continue to get behind the wheel while impaired by alcohol, and all too often, leave havoc in their wake. When a drunk driver hits another motorist, pedestrian, or other innocent party with their vehicle, the victim may gravely or even fatally injured. Drunk driving crash victims may be able to recover compensation for their injuries and damages with the aid of a skilled Lancaster drunk driving car accident lawyer.
It may be wise to get an experienced personal injury attorney’s advice if you have been involved in a collision with an intoxicated motorist. An experienced car accident attorney could help you determine whether you may qualify for damages as well as how to best proceed with your claim.
Compensation for Victims Injured by Drunk Drivers
When a drunk motorist causes a car crash that results in personal injuries, the injured party may have legal recourse to hold the negligent party liable for their damages. The injured party may be eligible to recover compensation for damages, including:
- Past and future wage loss
- Medical expenses
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
In the State of South Carolina, it is illegal for drivers who are 21 years of age and up to get behind the wheel while drunk (0.08 or higher BAC) or impaired by alcohol to the extent that the motorist’s ability to drive safely is affected. For motorists who are younger than 21, a stricter BAC limit of 0.02 percent is enforced. If the motorist is driving a commercial vehicle and is older than 21 years of age, a 0.04 percent BAC limit would apply.
Most personal injury cases are filed under the legal theory of negligence. However, in a drunk driving case, if it is found that the at-fault party broke the state’s driving while under the influence (DUI) law, the injured party would only need to establish that the motorist broke that law in order to collect compensation. This legal doctrine is known as negligence per se. A seasoned drunk driving car wreck attorney in Lancaster could assist the plaintiff with establishing the at-fault driver’s liability and seek the most damages possible on their behalf.
Drunk Driving Auto Accident Injuries
Broken and fractured bones, spinal cord injuries, paralysis, head and brain injuries, and internal injuries are among the most common injuries associated with drunk driving auto accidents. The injured party may also endure severe contusions, lacerations, muscular sprains, and burns. A knowledgeable Lancaster drunk driving car crash lawyer could ensure that all the plaintiff’s injuries and related damages were documented in a settlement demand for compensation to the at-fault driver’s insurance company.
Holding Drunk Drivers Legally Accountable
If a drunk driving accident victim decides to pursue legal action against the negligent motorist, they must do so within the appropriate time limits established by South Carolina law. As outlined under South Carolina Code § 15-3-530, injured parties have up to three years from the date of the wreck to pursue civil damages. Claimants must abide by this deadline, as failure to present a claim to the civil courts within three years could time-bar them from compensation.
Speak with a Compassionate Lancaster Drunk Driving Car Accident Attorney Today
After being injured in a wreck caused by a drunk driver, you may be owed compensation. A Lancaster drunk driving car accident lawyer could answer your legal questions and assess your claim on its merits to determine whether you may have a viable case.
To speak with a compassionate attorney at Schiller & Hamilton about your potential case, call now and arrange your initial consultation.