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You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
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Johnathan MUnderstanding Drunk Driving Accidents in South Carolina
Drunk driving isn’t just an accident; it’s a choice, and a dangerous one at that. Drivers who take the wheel under the influence endanger everyone else on the road. Unfortunately, South Carolina consistently ranks high in DUI fatalities per capita. This grim statistic impacts families yearly in Greenville, Simpsonville, Mauldin, Greer, and surrounding areas.
Legally, a driver in South Carolina is considered impaired with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the threshold is 0.04%, and for those under 21, it’s 0.02%. Even under these limits, evident impairment can lead to a DUI charge.
Exceeding these limits brings both criminal prosecution and civil lawsuits. Although distinct, each proceeding serves its purpose: criminal cases seek accountability to the state, while civil lawsuits aim to compensate victims like you.
The Criminal DUI Case vs. Your Civil Claim
It’s crucial to understand the distinction between a criminal DUI case and your personal injury claim. The state may prosecute a drunk driver criminally while you simultaneously pursue a civil lawsuit. The difference? Burden of proof.
In criminal cases, the state must prove guilt beyond a reasonable doubt, a stringent standard. Your civil claim, however, needs only a preponderance of evidence, showing it’s more likely than not that the driver’s intoxication caused your injury, a much lower bar. This means you can win a civil suit even if the driver isn’t convicted criminally or if charges are reduced. Your civil claim is independent, giving you the right to seek compensation.
Dram Shop Liability: Bars and Restaurants Can Be Responsible Too
In South Carolina, the dram shop law holds alcohol vendors accountable. If a bar or restaurant serves a visibly intoxicated person who then causes an accident, they might share liability. For instance, if the individual drank too much at a local bar before hitting the road, that bar could be liable for your damages, especially if the driver has minimal insurance.
Cases like this often hinge on evidence like surveillance footage, receipts showing the number of drinks sold, witness statements from patrons or staff, and the driver’s BAC. Capturing this evidence quickly is crucial as surveillance footage may be overwritten within days. Additionally, establishing the server’s knowledge of the driver’s intoxication can strengthen your case. Witnesses who observed signs of intoxication, such as slurred speech or unsteady behavior, provide valuable testimony reinforcing liability claims against the establishment.
Injuries in Drunk Driving Crashes
Drunk drivers often speed, run red lights, and veer across lanes without warning, causing devastating accidents. Victims may endure:
Traumatic brain injuries (TBI)
Damage to the spinal cord and paralysis
Broken bones and crush injuries
Internal organ injuries
Severe cuts and scarring
Cases of wrongful death
Such injuries demand extensive medical treatment, result in lost income, and impose an enormous emotional toll. For families seeking justice after a fatal incident, damages also include funeral costs, loss of support, and companionship.
Compensation You Can Recover
A drunk driving accident claim typically involves two key types of damages:
Compensatory damages include:
Current and future medical expenses
Lost wages and diminished earning ability
Rehabilitation and therapy costs
Damage to property
Pain and suffering
Emotional distress
Loss of life’s enjoyment
Punitive damages are meant to punish especially reckless conduct, like drunk driving. Under South Carolina Code § 15-32-530, these damages are applicable when actions are reckless or wanton. Drunk driving cases can exceed the usual $500,000 punitive cap under specific conditions, making them serious matters in South Carolina.
South Carolina Law and Your Rights
South Carolina’s modified comparative negligence law, S.C. Code Ann. § 15-38-15, affects your claim if you’re partially at fault. Your damages reduce by your fault percentage, but as long as you’re under 51% responsible, you can recover damages. In drunk driving cases, the impaired driver often holds overwhelming fault, particularly if they had a high BAC and ran a light, for example.
Don’t ignore the three-year statute of limitations for personal injury claims under S.C. Code Ann. § 15-3-530. Evidence can fade over time, so act swiftly.
Drunk Driving Accidents Involving Rideshare Vehicles
Rideshare vehicle involvement adds complexity. Whether you’re a passenger in an Uber or Lyft with a drunk driver, or hit by one, identifying liable parties and handling rideshare company claims requires an understanding of these insurance policies. John Crangle knows how to navigate these intricate cases.
Evidence That Builds a Strong Case
A successful drunk driving claim hinges on rapidly gathering key evidence:
Police report and arrest records: Critical documentation of the scene, including sobriety tests and BAC results.
Toxicology and BAC results: A definitive measure of impairment.
Surveillance footage: From the scene, local businesses, or where the alcohol was consumed.
Receipts from bars/restaurants: Show what and how much was consumed.
Witness statements: Offering insight into behavior before and during the crash.
Medical records: Detailing injuries and treatments required.
These pieces of evidence don’t last forever, so John Crangle takes immediate action to preserve them. It’s beneficial to also consider hiring accident reconstruction professionals who can provide insight into how the collision occurred. They can evaluate skid marks, vehicle damage, and roadway conditions to create a detailed report. This can be compelling evidence supporting your claim of the drunk driver’s negligence.
What to Do After a Drunk Driving Accident
Actions taken after a crash are critical. Here’s what you should do:
Call 911. Ensure a police report is created. Law enforcement presence authenticates any observed impairment.
Seek medical attention immediately. Injuries might not be apparent right away. Get checked out at Prisma Health or any urgent care facility.
Document everything. Take photos of the scene, vehicles, injuries, and any signs of intoxication.
Collect witness details. Names and contact info of those who witnessed the incident.
Avoid speaking to the other driver’s insurance company. They’re not advocating for you. Direct communications to your attorney.
Contact John Crangle. Timely representation ensures evidence preservation and forward movement on your claim.
How John Crangle Can Help
Located in Greenville, John Crangle is an empathetic personal injury attorney who understands the havoc drunk driving wreaks on lives. Active throughout Greenville County, from Simpsonville to Spartanburg, John holds drunk drivers accountable for their decisions. His dedication extends to probing every angle, including driver conduct and vendor liability, striving for maximum compensation.
When you’re ready, schedule a free case review. There’s no obligation, and you’ll gain clarity on your case and potential pathways to recovery.