When a victim encounters a driver who operates under the influence of alcohol the situation becomes frightening because they often experience shock and confusion about what actions to take. 

Impaired driving accidents in South Carolina result in multiple severe injuries and considerable medical costs and deaths. 

Driving under the influence constitutes a criminal offense according to state law yet victims must file legal claims to obtain compensation for their losses.

As a victim of a drunk driving accident, you need to start by seeking medical help and then collect evidence while working through the complex legal and insurance systems. 

The proper sequence of actions will substantially boost your personal injury claim’s success which allows recovery of medical bills lost earnings and other damages.

This guide presents essential steps for handling drunk driving accidents in South Carolina while explaining both your rights and available legal options to pursue the responsible driver.

Step 1: Call 911 and Seek Medical Attention

Your immediate priority should be to dial 911. Your safety needs this emergency contact and it guarantees that law enforcement officials and emergency medical crews will respond to the situation.

No matter how you feel about your injuries it remains essential to visit a medical professional for evaluation. 

Several types of injuries including concussions internal bleeding and whiplash create delayed symptoms which produce extended medical problems. 

Your medical records from emergency care play a vital role in supporting possible legal action.

Step 2: Gather Evidence at the Scene

You should only gather evidence when the situation allows it before you exit the crash site. This includes:

  • You should record videos and pictures of vehicles with their license plates while documenting all visible vehicle damage and noting road conditions.
  • Observing clear physical indicators of intoxication which included slurred speech and an alcohol odor together with unsteady movements from the other driver.
  • Getting the drunk driver’s identification information requires obtaining their name along with their driver’s license insurance data and vehicle registration information.
  • The process includes obtaining statements from witnesses while recording their contact information to serve as potential evidence.
  • The area should be checked for any security cameras that could have captured footage from the accident.

Step 3: Cooperate with Law Enforcement

Police officers will perform a situation assessment before giving field sobriety tests and breathalyzer tests to suspected drunk drivers. It’s important to:

  • You should answer police questions directly yet provide only factual information. Do not provide conjectures about responsibility or issue apologies because such statements may be used as evidence against you.
  • Ask for a police report because it will record how the officer observed the impaired driver and their evidence of impairment.
  • Ask the police to add all witness statements together with information regarding the driver’s level of intoxication to their report.
  • An insurance claim and possible legal action against the at-fault driver depend heavily on the information contained within the police report.

Step 4: Notify Your Insurance Company

You should call your insurance company for notification purposes following both medical care and evidence collection after the incident. When speaking with your insurer:

  • Provide your insurance company with only the essential crash information which includes both the time and location and mention the other driver’s DUI arrest.
  • Be cautious about talking to insurance companies to prevent them from believing you accept responsibility for the accident.
  • Refuse to provide a recorded statement and reject initial settlement offers until you consult with your lawyer.

Uninsured or underinsured drunk drivers make their own uninsured/underinsured motorist coverage (UM/UIM) essential for compensation. Legal representation will show you all available alternatives for your situation.

Step 5: Understand Your Legal Rights and Compensation Options

As a victim of a DUI accident, you have the right to seek compensation for your injuries and losses. In South Carolina, you may be entitled to:

  • Medical expenses

Coverage for hospital bills, rehabilitation costs, and ongoing medical treatment.

  • Lost wages

Lost wages, compensation for time missed from work due to your injuries.

  • Pain and suffering

Damages for emotional distress, physical pain, and reduced quality of life.

  • Property damage

Reimbursement for vehicle repairs or replacement.

  • Punitive damages

In DUI accident cases, South Carolina law allows victims to seek punitive damages, which are designed to punish the drunk driver for reckless behavior.

A personal injury attorney can assess your case and help you pursue the maximum compensation available under the law.

Contact a South Carolina Car Accident Attorney

Taking on a DUI accident claim by yourself proves challenging because you must deal with both physical recovery and financial challenges. South Carolina car accident attorneys who possess professional skills will guide you through important legal processes to obtain the compensation you need. 

Through comprehensive investigation, your attorney will acquire essential crash evidence by collecting police reports alongside surveillance footage and witness statements to establish a compelling case. 

Your attorney will protect you from accepting inadequate insurance settlements that do not compensate you for your complete damages. 

Your attorney can pursue dram shop liability when a drunk driver receives excessive alcohol at bars or restaurants so you can hold third parties responsible for their involvement in the accident. 

South Carolina law permits victims of DUI crashes to file a claim for punitive damages that both penalize dangerous conduct as well as discourage repeat offenses. 
Don’t face this challenging time alone contact Max Hyde law firm today and call us at (864) 804-6330 to schedule a free consultation today. Our experienced lawyers are here to assist you in filing a claim for your damages in an accident and ensuring you receive the justice you deserve.