Charleston Drunk Driving Lawyers

A drunk driver can shatter the life of you or your family in an instant. When someone else gets behind the wheel when they are under the influence, you are the one who is forced to bear the consequences of their poor choices. Although the driver may be subject to criminal penalties, that is not the only ramifications of their actions. They could also have a legal obligation to pay you financial compensation for the harm that they have caused you. However, the insurance company is not in a rush to put every dollar you deserve in your pocket. You need the help of a drunk driving lawyer to fight for all of the compensation that you deserve.

Why Are Drunk Driving Car Accidents More Serious?

South Carolina has a higher drunk driving accident fatality rate than the national average. The state had the highest rate of fatalities throughout the country in 2022, with 474 lives being lost in drunk driving accidents.

In general, drunk driving accidents tend to be more serious than other types of motor vehicle crashes. The drunk driver is often traveling at a higher rate of speed. In addition, drunk drivers are erratic by nature, and other motorists are not able to anticipate their actions and take evasive action themselves. These accidents often occur late at night and with no warning whatsoever.

Common drunk driving car accident injuries include:

• Broken bones and fractures
• Soft tissue injuries
• Internal injuries
• Neck and back injuries
• Cuts and lacerations
• Traumatic brain injuries
• Spinal cord injuries

What Happens if the Driver Is Not Convicted of a Crime?

Your drunk driving car accident civil process is largely independent of the criminal charges that have been filed against the driver. Here, you would have a lower burden of proof to qualify for financial compensation. All you need to do is show that the driver was responsible for the accident by a preponderance of the evidence. A prosecutor would need to prove the case against the driver beyond a reasonable doubt, which is a much higher standard.

If the driver pleads guilty, it can be used as evidence in your civil case, but a drunk driver will rarely do that because they know that it would automatically make them liable to pay your damages. It is more common for them to prove no contest, meaning that you would still need to prove your case in the civil context.

What if the Driver Did Not Stop at the Scene of the Accident?

There are times when the responsible driver will not stop at the scene of the accident. Just because you do not have their insurance information does not mean it is impossible to receive financial compensation. First, your car accident lawyer can investigate the case and attempt to track down the responsible driver. Second, you should have insured motorist coverage as part of your own car insurance policy. Then, you would file a claim against your own policy, and your car insurance company would pay for the damages. Dealing with your own insurance company is not any easier than filing a claim against the other driver’s policy. They would still make you a low settlement offer, regardless of the fact that you are their customer.

How Much Is My Drunk Driving Car Accident Case Worth?

Your drunk driving accident conversation is personal in nature. In other words, it depends on exactly how you have been affected by your injuries. Even though the responsible driver may face criminal consequences, they do not avoid their obligation to pay you civilly just because they are being punished.

Your drunk driving accident compensation may include the following:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Embarrassment and humiliation

Drunk driving accidents often result in fatalities. Then, your family would be compensated for the value of your loved one’s life that was lost in the accident. Wrongful death damages are subjective by nature, and they are intended to compensate you for what you have lost based on your family member’s role and what they meant to you. It is up to you to be able to estimate and prove your drunk driving accident damages before you file a claim or lawsuit. You can do that with the help of a drunk driving car accident lawyer.

Can I Get Punitive Damages in a Drunk Driving Case?

Typically, it is very rare for a car accident victim to get punitive damages in their case. After all, punitive damages are reserved for extreme conduct that does not include the standard negligence you would see in a car accident. However, drunk driving involves a degree of recklessness that is not found in the usual car accident case. If your case goes to a jury, there is always a chance that they may award you punitive damages against the driver that the insurance company would need to pay. This prospect alone gives you immense leverage in the settlement negotiations because insurance companies do not want to take these cases to juries. Your car accident lawyer would know how to use this leverage to get you the most possible money.

Do I Still Need a Lawyer for a Drunk Driving Accident Case?

You may think you can handle your own case because liability may not be as much of an issue with a drunk driving accident. After all, it should be very apparent that the other driver was to blame for the accident. However, you should still hire a drunk driving accident lawyer because your primary battle would be to ensure that you receive enough financial compensation. Even though their driver is liable for the accident, the insurance company would likely still offer you a low settlement offer. You need to know exactly how much your case is worth, and you would still need to negotiate financial compensation. You would do this with the help of an experienced car accident lawyer who knows how to put pressure on the insurance company to pay you fully.

Contact the Charleston Drunk Driving Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Today

If you have been injured by a motorist who was under the influence, reach out to the Charleston drunk driving lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our mission is to fight for you to get all the compensation you deserve when someone else’s actions have harmed you. You can schedule a free initial consultation with one of our lawyers by filling out our online contact form or by calling us today at 843-727-6500. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout South Carolina.