A person injured by a drunk driver in South Carolina may pursue compensation through a civil injury claim even when the driver also faces a separate DUI prosecution. Depending on the evidence, the claim may include medical expenses, lost income, property damage, pain and suffering, and other losses caused by the crash. Some cases may also support punitive damages when the driver’s conduct was willful, wanton, or reckless.
McCutchen Vaught Geddie & Hucks, P.A. helps injured people in Myrtle Beach, Horry County, and communities throughout South Carolina understand the insurance process, preserve evidence, and evaluate possible sources of compensation. The firm offers free consultations for personal injury matters. Call (843) 277-1667 to discuss your situation.
Why Summer Drunk Driving Accidents Can Create Complicated Claims
Summer brings more visitors, beach traffic, restaurant activity, holiday gatherings, concerts, and late-night travel to Myrtle Beach and other Grand Strand communities. When an impaired driver causes a collision, the injured person may face two separate legal processes.
The criminal case is brought by the State of South Carolina. Its purpose is to determine whether the driver committed DUI or another criminal offense.
The civil claim is brought by the injured person. Its purpose is to seek compensation for injuries and other losses caused by the crash.
A DUI arrest may provide useful evidence, but it does not automatically resolve the civil claim. The injured person must still establish that the driver acted negligently or recklessly, that the conduct caused the collision, and that the collision caused measurable harm.
A criminal DUI case does not replace an injury claim. The injured person must take separate steps to protect the right to compensation.
How a South Carolina Drunk Driving Injury Claim Begins
A claim usually begins with an investigation. Evidence may come from the crash scene, law enforcement agencies, medical providers, witnesses, nearby businesses, vehicles, and electronic records.
Useful evidence may include:
- Police collision reports
- Body camera and dash camera footage
- Breath, blood, or urine test records
- Field sobriety test footage
- Witness statements
- Photographs and video from the scene
- Vehicle damage
- Event data recorder information
- Receipts from restaurants, bars, or stores
- Cellphone records obtained through lawful procedures
- Medical records and bills
- Employment records showing missed work or reduced earnings
A driver does not need to be convicted of DUI before a civil injury claim can move forward. Criminal and civil cases use different legal standards. A civil claim may also rely on evidence that is not introduced in the criminal prosecution.
For a broader explanation of the claims process, review the firm’s guide to filing a South Carolina car accident claim:
Who May Be Responsible for a Summer Drunk Driving Crash?
The impaired driver is often the primary responsible party. Other people or businesses may also share responsibility when the facts support a separate legal claim against them.
Possible responsible parties may include:
- The vehicle owner, when a separate legal basis for liability applies
- An employer, when the driver was acting within the scope of employment
- A person or business that negligently entrusted a vehicle to an unsafe driver
- Another driver whose conduct contributed to the collision
- A manufacturer, when a defective vehicle or part worsened the crash or injuries
- A seller of alcohol, in limited circumstances recognized under South Carolina law
Claims involving alcohol service require a close review of the facts and governing law. The fact that a driver consumed alcohol at a restaurant, bar, private residence, or event does not automatically make another person or business liable.
What Compensation May Be Available?
A drunk driving accident claim may include economic and noneconomic damages.
Economic damages are losses that can often be documented through bills, receipts, wage statements, tax records, and expert analysis. They may include:
- Emergency medical treatment
- Hospital care
- Surgery
- Physical therapy
- Prescription medication
- Future medical care
- Lost wages
- Reduced earning capacity
- Vehicle repair or replacement
- Rental vehicle and transportation costs
- Household services
Noneconomic damages address the personal effects of an injury. They may include:
- Physical pain
- Emotional distress
- Disability
- Scarring or disfigurement
- Loss of enjoyment of life
- Disruption of daily activities
The value of a claim depends on the evidence. A serious injury does not receive a fixed amount. An insurance company is also not required to accept the injured person’s first estimate of the loss.
For more information about damages that may be available after a South Carolina car accident, visit:
https://lawyersatthebeach.com/blog/what-damages-can-you-recover-south-carolina-car-accident/
During this most difficult period of time in my life, Margaret Evans and the staff assisted me during my divorce. I needed legal counsel which was provided professionally and efficiently. Thank you for your prompt and courtesy service to me.
- Mark Hafenbreidel
Made the home closing process quick and easy! We appreciated their quick and clear communications, especially since our closing was over the holidays.
- Alyssa Burke
Client Reviews
See what our clients have to say about our law firm and the people who are a part of it.
Can Punitive Damages Apply?
Punitive damages are different from compensation for medical bills, lost income, and pain. They are intended to punish certain conduct and discourage similar behavior.
Under South Carolina law, punitive damages may be awarded only when the claimant proves by clear and convincing evidence that the harm resulted from willful, wanton, or reckless conduct. Drunk driving may support a punitive damages claim in some cases, but punitive damages are not automatic. The facts, available evidence, procedural requirements, and court rulings all matter.
Evidence that may be relevant to punitive damages includes:
- The driver’s alcohol concentration
- The driver’s conduct before and during the crash
- Statements made by the driver
- The amount and timing of alcohol consumption
- Evidence that the driver knew that driving was unsafe
- Warnings from friends, employees, or other people
- Prior conduct that may be legally admissible
- Efforts to continue driving after signs of impairment became clear
South Carolina law also places limits on many punitive damage awards. Exceptions may apply, so each claim requires an individual legal analysis.
What Role Does the DUI Case Play?
The criminal DUI case and the civil injury claim may affect each other, but they remain separate matters.
A guilty plea or conviction may become relevant in the civil case. An acquittal, reduction, or dismissal does not always prevent a civil claim because the burden of proof is different. A civil attorney may seek records from the criminal investigation, subject to court rules, privacy protections, and timing restrictions.
The injured person should not rely on the prosecutor to manage the insurance claim. Prosecutors represent the State of South Carolina. They do not represent the crash victim in a civil damages claim.
For general information about South Carolina DUI law, visit:
How Insurance Coverage Affects the Claim
Many drunk driving claims begin with the at-fault driver’s automobile liability insurance. The available policy limit may become a major issue, especially when several people were injured or one person suffered catastrophic injuries.
Other possible coverage may include:
- Uninsured motorist coverage
- Underinsured motorist coverage
- Medical payments coverage
- Employer or commercial vehicle coverage
- Umbrella liability coverage
- Coverage connected to another responsible party
An insurance adjuster may request a recorded statement, a medical authorization, or an early settlement. An injured person should understand the scope and effect of the request before signing documents or accepting payment. An early offer may arrive before the full medical outcome, future treatment needs, or long-term work limitations are known.
Learn more about car accident claims handled by the firm:
https://lawyersatthebeach.com/myrtle-beach-car-accident-lawyers/
How Comparative Fault Can Affect Recovery
South Carolina follows a modified comparative negligence system. An injured person may recover damages when that person’s negligence is not greater than the negligence of the party from whom recovery is sought. Any award may be reduced according to the injured person’s percentage of fault.
An insurer may argue that the injured driver:
- Was speeding
- Failed to use headlights
- Made an unsafe lane change
- Was distracted
- Failed to keep a proper lookout
- Contributed to the severity of the injuries
These arguments do not automatically defeat the claim. They can affect liability negotiations and the amount of compensation. Evidence preservation and a careful investigation may help address disputed allegations.
A drunk driver’s serious misconduct does not stop an insurer from examining every part of the collision.
What Should You Do After a Crash With a Suspected Drunk Driver?
Medical care should come first. Some injuries become more noticeable after the initial shock wears off, so follow-up treatment may be necessary even when a person leaves the scene without an ambulance.
Other helpful steps include:
- Report the crash to law enforcement.
- Photograph the vehicles, debris, skid marks, traffic signals, roadway conditions, and visible injuries when it is safe.
- Collect witness names and contact information.
- Keep damaged personal property.
- Save medical bills, receipts, and employment records.
- Follow treatment recommendations.
- Avoid discussing the claim on social media.
- Do not sign a broad release without understanding its effect.
- Notify applicable insurance companies promptly.
- Speak with an attorney before important evidence disappears.
A collision on a busy Myrtle Beach roadway, in a parking area, near a hotel entrance, or in an entertainment district may be captured by surveillance cameras. Some businesses overwrite video after a short period. An early preservation request may help prevent the loss of useful evidence.
How Long Do You Have to File a Claim?
South Carolina generally applies a three-year limitations period to many personal injury actions, including many car accident claims. The time may begin when the injured person knew or should have known that a cause of action existed.
Exceptions, shorter notice periods, and different filing rules may apply depending on the defendant, the injured person, or the legal theory. Claims involving a government agency or public employee may involve additional requirements. A deadline should be evaluated from the specific facts rather than assumed from a general rule.
Waiting can also weaken a claim before the legal deadline arrives. Video may be erased, witnesses may become difficult to locate, vehicles may be repaired, and physical evidence may be lost.
How a Myrtle Beach Personal Injury Attorney Can Help
A lawyer can investigate the collision and available insurance coverage. This work may include:
- Obtaining police and investigative records
- Preserving surveillance and vehicle data
- Interviewing witnesses
- Reviewing medical evidence
- Identifying responsible parties
- Evaluating insurance policies
- Communicating with adjusters
- Calculating current and future damages
- Negotiating a settlement
- Preparing and filing a lawsuit when necessary
Legal representation can also help separate the civil claim from the criminal DUI case. The injured person can receive guidance focused on medical recovery, financial losses, insurance coverage, and available civil remedies.
More information about the firm’s personal injury practice is available at:
https://lawyersatthebeach.com/myrtle-beach-personal-injury-attorneys/
Speak With a Myrtle Beach Injury Lawyer
A summer crash caused by an impaired driver can create medical, financial, and personal problems that continue long after the roadway clears. McCutchen Vaught Geddie & Hucks, P.A. represents people injured in car accidents in Myrtle Beach, Horry County, and communities throughout South Carolina.
Call (843) 277-1667 or visit the contact page to request a free personal injury consultation:
https://lawyersatthebeach.com/contact-us/
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
