CHARLESTON, SC AND SUMMERVILLE, SC DUI VICTIM RIGHTS ATTORNEY
WHAT IS THE LAW IN SOUTH CAROLINA CONCERNING THE LIABILITY OF A DRIVER UNDER THE INFLUENCE OF ALCOHOL (DUI ACCIDENT)
The legal analysis used to determine liability in a case where a victim is hit by a drunk driver is virtually identical to the analysis used in all car wreck cases:
- First, it must be determined if the negligent party owed you a duty of care (by law all drivers are assumed to exercise care in the operation of a car and to operate the car sober).
- Second, did the negligent party breach the duty of care owed to you the victim (the drunk driver breach the duty to operate the car in a safe manner, as a matter of law, and breached the duty to operate the car sober).
- Finally, that the breach of the duty of care by the drunk driver is the cause of your injuries (you would not be injured if the drunk driver didn't hit you and he stayed sober while driving).
The sad truth about accidents involving drunk drivers is that, statistically, they tend to have a higher proportion of serious injuries and / or death than the average "run of the mill" car accident. In recognition of the seriousness of drunk driving, South Carolina law provides an additional source of recovery for victims who are hit by a drunk driver.
WHAT ARE PUNITIVE DAMAGES AND HOW MUCH DOES IT PAY TO DUI VICTIMS
South Carolina law (S.C. Code Ann. § 15-32-530(C)(3)) states that an award on punitive damages “shall” not be capped when “the defendant acted or failed to act while under the influence of alcohol”. Translation . . . that you or a loved one who is injured by a drunk driver can seek damages beyond those ordinarily available in a car accident as a mechanism to punish the drunk driver's reckless and wanton acts.
THE MCMILLIAN LAW FIRM - CHARLESTON, SC AND SUMMERVILLE, SC DUI VICTIMS ATTORNEY
As a Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and work to secure compensation for your injuries as a victim of a drunk driver. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case.
If you or a loved one has been injured by a drunk driver in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced DUI victims lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306