THE MCMILLIAN LAW FIRM PROTECTING THE RIGHTS OF DUI ACCIDENT VICTIMS IN CHARLESTON, SC AND SUMMERVILLE, SC
WHAT ARE DRAM SHOP LAWS?
'Dram Shop Laws,' as they are known, are statutes and case law that have been established throughout the United States over the course of the last few decades whereas a business (most likely a bar or a restaurant), can be held liable for injuries suffered by the victim of a drunk driving accident. The theory rest upon the premise that the drunk driver was over-served at the establishment and the people serving the drunk driver knew or should have known that the drunk driver was intoxicated to a point where operating an automobile would not be safe to the public. Despite the gross intoxication of the drunk driver, the establishment kept serving him / her anyway.
SOUTH CAROLINA SUPREME COURT CREATES 'DRAM SHOP' REMEDIES
- The establishment knowingly served alcohol to the customer who is in fact intoxicated;
- The customer operated a motor vehicle with a Blood Alcohol Content level above the legal limit;
- Injuries were incurred by a third-party as a result of the criminal violations committed by the establishment and the customer
WHEN ARE 'DRAM SHOP' LAWS IMPORTANT?
The obvious answer here is when there are extensive damages due to the victim of a drunk driver. South Carolina statutes allow for personal injury and wrongful death claims to be levied against a drunk drunk driver. South Carolina law also allows for punitive damages for injuries caused by drunk drivers as well.
What happens if the drunk driver is uninsured? What happens if the drunk driver has a low limit insurance policy? What if the drunk driver is killed in the accident and leaves no assets behind that can be attached to a judgment? Can the victim be truly compensated in full by their own uninsured or under-insured coverage? Dram Shop laws are another avenue where an experienced attorney can seek to recoup damages for a victim of a drunk driver. Though specific elements must be proven, Dram Shop laws may be the source that compensates the victim in full for the injuries suffered.
THE MCMILLIAN LAW FIRM - CHARLESTON, SC AND SUMMERVILLE, SC PERSONAL INJURY ATTORNEY
Have you been injured by a drunk driver? Contact me at The McMillian Law Firm. Once you have obtained legal representation on your matter, the insurance company must cease direct contact and deal with your lawyer instead. Contact me as soon as possible so that I may conduct a site visit of the accident and begin to obtain witness statements, police reports, and all relevant materials I need to build your case towards an acceptable settlement or trial.
It is never too early to contact me! Each and every day is a day the insurance company will try and short-change your claim I am available for home visits, hospital visits, nights and weekends, just let me know what works for you.
If you have been involved in a car accident and live in Charleston, Mt. Pleasant, Summerville, James Island, West Ashley, Goose Creek, Moncks Corner, Johns Island, Walterboro, Folly Beach, or any of the other fine communities of the South Carolina Low Country, contact The McMillian Law Firm now!! 843-900-1306 or email at [email protected]