Car accidents in South Carolina are typically handled by personal injury lawyers. This type of attorney handles cases involving injuries resulting from accidents, such as car crashes including rear-end collisions, trucking crashes, and collisions caused by a drunk driver.  An experienced Personal Injury Attorney licensed in South Carolina can help clients seek compensation for damages such as medical expenses, lost wages, and pain and suffering.

Personal injury lawyers practice in tort law, which covers civil wrongs and damages. If you've been injured in a car accident and need legal assistance, reaching out to a personal injury lawyer can help you navigate the legal process and work towards obtaining the compensation you deserve.

Does a drunk driver's car insurance cover damages caused by the drunk driver?

Whether a drunk driver's insurance covers damages from an accident they cause can depend on several factors, including the terms of their insurance policy and the laws in their jurisdiction.

  • Insurance Policy Terms: Most car insurance policies have a clause that covers damages from accidents caused by the policyholder, even if they were driving under the influence of alcohol or drugs. However, the insurance company may increase the driver's premiums or choose not to renew the policy after such an incident.
  • State Laws: Some states have laws that might limit coverage in cases of DUI (Driving Under the Influence). It's essential to understand the specific regulations in the state where the accident occurred.  
  • Subrogation: After paying out a claim, the insurance company might pursue subrogation to recover costs from the policyholder, especially if the accident involved illegal activities such as drunk driving.

It's advisable to review the specific policy details and consult with a legal expert or insurance professional for guidance tailored to the individual's situation.

To find the most up-to-date statistics on car accidents caused by drunk drivers in South Carolina for 2024, you may consider checking official sources such as the South Carolina Department of Public Safety or other reliable traffic safety organizations.

Bar Liability for Drunk Drivers

The liability of a bar for a drunk driver can depend on the laws of the jurisdiction where the bar operates. In many places, dram shop laws apply, which are designed to hold establishments accountable if they serve alcohol to visibly intoxicated persons or to minors who subsequently cause harm due to their intoxication.

Understanding Dram Shop Laws

Dram shop laws can vary significantly from one place to another. Some key points include:

  • Liability: Bars may be held liable if they are found to have served alcohol to a drunk driver in an unreasonable or negligent manner leading to an accident or injury.
  • Proof of Negligence: In some jurisdictions, the victim must prove that the bar served alcohol to a visibly intoxicated person.
  • Limitations: There might be limitations on the amount of damages that can be claimed, or specific conditions under which a bar can be held liable.  Some states require establishments that serve alcohol for sale to maintain at least a minimum amount of insurance coverage.  In South Carolina, Governor Henry McMaster signed, the Dram Shop Bill in 2017, requiring establishments that serve beer, wine or liquor on premises in South Carolina after 5 p.m. to carry at least $1 million in liability insurance coverage.  See this article for updates in South Carolina regarding liquor liability insurance law. https://charlestonbusiness.com/sc-liquor-liability-insurance-reform-2024/

It is important to consult local laws or a legal expert to understand the specific liabilities and protections that apply in a given area.

Conclusion

While a bar might be liable for a drunk driver under certain circumstances, it ultimately depends on the applicable dram shop laws and the specific details of the incident.  An experienced injury attorney licensed in South Carolina can help evaluate a drunk driving collision for potential liability.  

Suing a Drunk Driver

The amount you can obtain from a drunk driver in a lawsuit or claim depends on several factors, including the extent of the damages and injuries you have suffered which were caused by the drunk driver. Here are some of the considerations:

  • Medical Expenses: You can claim for all current and future medical expenses related to the accident.
  • Lost Wages: Compensation for any lost income due to inability to work.
  • Pain and Suffering: This can include compensation for physical pain and emotional distress.
  • Loss of Enjoyment of Life: This can include activities you can no longer perform due to your injuries. 
  • Property Damage: Costs to repair or replace your vehicle or any other damaged property.
  • Punitive Damages: In some cases, you may be awarded punitive damages, which are intended to punish the drunk driver and deter similar behavior in the future.  Attorney Brooke Eaves Wright fights for her clients to help them obtain punitive damages against drunk drivers that cause her client to be injured. 

It is important to consult with a legal professional who can provide advice based on the specific details of your case. They can help determine a fair amount to seek in a lawsuit or claim. 

If you need legal assistance, consider contacting Wright Injury Law today to speak to an attorney experienced in personal injury and DUI cases.