As much as 38 percent of all car accident deaths in South Carolina are related to drunk driving, and more than 1,900 people have died over the last five years as a result of DUI accidents. DUI is an umbrella term that covers the act or crime of driving while impaired by alcohol or drugs. When you experience being the victim of a DUI accident, call our attorney right away.
The menace that driving under the influence causes to victims may extend over the duration of their lifetime. From minor accidents to severe ones and even wrongful death, the effect of a DUI accident is often tragic. To keep the driveway safe in Columbia, SC, drunk or drugged drivers have to be held liable for their actions – not only in the criminal justice system but also in a civil court.
Victims of DUI accidents in South Carolina deserve all the comfort they can get. If you or a loved one has been harmed by a DUI driver in Columbia, our Columbia car accident legal team at Marc Brown Law Firm will be your legal stronghold and make sure that justice is served.
Why Hire A Columbia DUI Accident from Marc Brown Law Firm?
- Experience
Attorney Marc Brown brings extensive experience to the table, having previously worked for a national law firm defending large corporations and insurance companies. This background provides him with valuable insights into how insurance companies evaluate claims and what factors influence their settlement decisions. Attorney Marc Brown’s success in handling DUI accident cases showcases his ability to achieve favorable outcomes for his clients, leveraging the experience and resources typical of a larger firm while maintaining the personalized attention of a boutique practice.
- Client-Centered Approach
At Marc Brown Law Firm, clients receive personalized attention and care. We are dedicated to being available to our clients 24/7, ensuring that their concerns are addressed promptly. Positive testimonials from previous clients highlight our firm’s commitment to providing effective and compassionate legal representation. This client-centered approach ensures that each case is handled with the utmost diligence and respect, fostering trust and confidence in our legal services.
- We Will Not Charge Attorney Fees Unless We Win
Our clients are not required to pay any fees upfront, and our law firm assumes all financial risks associated with pursuing the case. This means that our clients only pay if we successfully secure compensation for them. This approach also ensures that our law firm is fully committed to achieving the best possible outcomes for our clients without adding financial stress during an already challenging time.
DUI accident claims in South Carolina
According to the National Highway Traffic Safety Administration (NHTSA), 44% of all traffic fatalities in South Carolina in one recent year were caused by alcohol-impaired driving.
A driver will be considered to be ‘under the influence’ in South Carolina if the blood alcohol content (BAC) is “0.08 percent” or higher. Generally, a driver impaired or under the influence of drugs will also be considered incapable of driving.
A drunk driver will be held responsible for any accident resulting from DUI. This is regardless of whether or not the driver is above the legal limit.
Depending on the nature of the accident and how skilled your DUI accident lawyer is, other persons may also be held responsible for your injuries. These persons include:
- The social hosts. This is for instances where a host served alcohol to minors.
- Businesses that serve alcohol. The liability of certain businesses that serve alcohol is a known principle from the popular ‘dramshop’ laws.
Common Factors Contributing to DUI Accidents
DUI accidents in Columbia, South Carolina, often stem from a combination of excessive drinking, drug use, and a general failure to recognize impairment levels. Alcohol impairs a driver’s cognitive functions and motor skills, leading to reckless driving behaviors, such as:
- Speeding
- Erratic lane changes; and
- Failure to obey traffic signals
Drug use, whether involving illegal substances or prescription medications, can similarly impair a driver’s ability to operate a vehicle safely.
Typical Injuries and Long-term Effects on Victims
A DUI accident can result in victims suffering severe injuries, like:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones; and
- Internal organ injuries
Victims often experience long-term physical effects, including chronic pain and permanent disabilities. Emotional impacts, such as post-traumatic stress disorder (PTSD), anxiety, and depression, are also common.
These injuries can lead to significant lifestyle changes, affecting a victim’s ability to work, engage in daily activities, and maintain relationships, thereby having profound and lasting consequences on their overall quality of life.
What to Do After an Accident Caused by a Drunk Driver In Columbia
If you’ve suffered serious injuries or are unconscious after a car accident, you may be unable to take any purposeful action; however, if you are physically able to use your phone, even from your position, you can protect yourself while waiting for help to arrive. After an accident, it’s beneficial to take the following actions:
- Do not confront the drunk driver
- Call 911 to report the accident
- Use your phone’s camera to take photos/videos of the drunk driver, the damaged vehicles, and the accident scene
- Add the names and contact information of any eyewitnesses to the accident
- Record yourself recounting what you remember about the moments leading up to the accident while they are fresh in your mind
Always go directly to a hospital or urgent care center after an accident, either in an ambulance or by arranging transportation from the accident scene. This helps to document evidence that your injuries occurred in the accident and ensures that you receive treatment for emergency injuries. A thorough examination may also identify injuries with delayed symptom onset.
Schedule a free consultation with a Columbia DUI accident lawyer at Marc Brown Law Firm before speaking to the at-fault driver’s insurance company. Then, direct all communication with the insurance adjuster to your lawyer.
Recovering compensation in a DUI accident
Victims or loved ones of a DUI accident are entitled to financial compensation from the intoxicated or impaired driver. If it is proved that the actions of the drunk driver were the direct cause of your injuries, you’re entitled to financial compensation for:
- Medical bills resulting from the accident, including future treatments.
- The ‘pain and suffering’ as a result of the accident.
- Payment of lost wages. This also includes consideration for future loss of income as a result of reduced capacity to work.
In a lot of cases too, the liable drunk driver will be required to pay you additional ‘punitive damages’ to prevent future wrongdoing and punish the defendant. This ‘damages’ may be given to you if the actions of the driver were found to be egregiously reckless and likely to cause serious harm. Though usually awarded by the court, a Columbia semi-truck accident lawyer can factor this in when negotiating your compensation with the liable parties.
What If Law Enforcement Drops the DUI Charges or the Driver Isn’t Convicted?
The criminal justice system is a separate entity from the civil courts in South Carolina. Your civil claim for damages proceeds independently from criminal charges in the case. Often, drunk driving charges are dismissed or convictions fail due to processing errors and other factors. This does not impact your civil court claim for damages. Most compensation in these cases comes from the driver’s auto insurance policy. In fault-based insurance states like South Carolina, this requires proving that the drunk driver caused the accident regardless of whether or not they were convicted of a DUI charge. An experienced car accident lawyer investigates the accident and documents evidence of the other driver’s liability to make a compelling claim for the maximum compensation available.
How Long Do I Have to File an Accident Claim In South Carolina?
The days and weeks after a serious accident are often a blur of painful medical procedures and other immediate impacts of the accident. In many DUI accident cases in Columbia and the surrounding area, insurance companies quickly reach out with settlement offers. These fast offers are often for far less than the true value of your claim and are intentionally offered before the injury victim knows the future economic impacts of the accident, which may include rehabilitative therapy, further medical procedures, discovering injuries with delayed symptoms, and a temporary or permanent inability to return to work. While it’s essential to speak to an attorney before accepting a settlement offer, it’s also important to begin the investigation and negotiation process promptly once the scope of the damages becomes clear. South Carolina’s statute of limitations for personal injury claims is three years from the accident date.
The state may extend this time limit only under specific circumstances such as the following:
- A minor injured in a South Carolina DUI accident has up to three years from their 18th birthday to file a claim
- If the drunk driver flees the scene in a hit-and-run, you may have up to three years from the date the police identify or apprehend the driver
- An injury victim who is unconscious, comatose, or otherwise incapacitated for some time after the accident has up to three years from the day they recover their cognitive abilities to file a claim
It’s important to speak to your DUI accident attorney about the impact of the state’s 3-year statute of limitations on your case.
How an Experienced DUI Accident Lawyer Can Help
- A Thorough Case Evaluation and Investigation
An experienced Columbia DUI accident lawyer begins with a thorough case evaluation and investigation. This process involves gathering critical evidence such as the police report, witness statements, and medical records. They may also employ accident reconstruction experts to recreate the incident, providing a clear understanding of the events leading to the accident. This approach helps build a strong case by establishing fault and demonstrating the extent of your damages.
- Legal Representation
The claims process can be complex, but a skilled DUI accident lawyer can provide you with essential guidance and representation. They will advocate on your behalf, ensuring your rights are protected throughout the legal process. This includes negotiating with the liable insurance companies for a fair settlement and representing you in court if necessary. With the help of an experienced lawyer, you can rest assured that all legal avenues are explored to achieve the best possible outcome for your case.
- Help Securing Compensation
Securing compensation is a critical role of a DUI accident lawyer. In the event of serious injury or death, a fatal injury lawyer in Columbia will help you pursue various types of compensation, including punitive damages, which may be sought to penalize the offender and deter similar conduct in the future. A good Columbia DUI accident lawyer will ensure that all potential sources of compensation are identified and pursued to secure the financial relief and justice you deserve.
Get in touch with an experienced Columbia DUI Accident Attorney
If you or a loved one gets injured in a DUI accident in Columbia, you are entitled to maximum financial compensation. Only an experienced Columbia DUI accident victim lawyer can get you this. Our legal team at Marc Brown Law Firm is ready to get you or your loved one the due compensation you deserve.