Drunk driving is a crime in the state of South Carolina that could leave offenders criminally and civilly liable for the damages they cause. If you were recently injured in a drunk driving car accident in Kingstree, now could be the time to meet with an attorney at Whetstone Perkins & Fulda about your potential claims. Learn more about personal injury claims against a drunk driver for your injuries and losses and how our firm could help you in your pursuit of justice after an auto wreck.
What Is the Legal Alcohol Limit for Driving in South Carolina?
South Carolina Code prohibits driving under the influence of alcohol to the extent it materially and appreciably impairs a person’s driving. However, the state has a per se intoxication threshold where drivers with a blood alcohol concentration (BAC) of .08 or more are drunk driving pursuant to South Carolina Code Section 56-5-2933. Evidence of a driver with a BAC at or above .08 could likely establish at least partial fault for a motor vehicle accident in Kingstree. Even intoxicated drivers within the legal limit could have liability for injuries from a car accident depending on the circumstances.
Compensation for Your Damages After a Drunk Driving Car Accident
The compensation available following your drunk driving car wreck in Kingstree will depend on the drunk driver’s assigned percentage of fault and the extent of your damages. In South Carolina, the contributory negligence rule applies in cases where parties have shared responsibility for the cause of the accident. This rule reduces available damages based on your level of fault and requires you to have less than 51 percent of the fault for an accident to be able to recover compensation.
In general, you can recover economic damages for your medical bills, lost wages, and future earning capacity. These can be substantial when your injuries involve permanent disability and limit your ability to work. Non-economic damages are also available after a drunk driving accident. This compensation covers your subjective losses like pain and suffering, emotional trauma, and loss of enjoyment of life. Beyond these compensatory damages, a South Carolina court or jury may also award punitive damages for your case. However, the state caps punitive damages at the greater of three times your compensatory damages or $500,000 pursuant to Code § 15-32-530.
Statute of Limitations After a Drunk Driving Car Accident
Recovering compensation for your damages through South Carolina’s civil court system requires compliance with the statute of limitations for personal injury lawsuits. You generally have three years from the date of the drunk driving car accident to file claims in the local court.
Let Us Help You After a Drunk Driving Car Accident in Kingstree
Our attorneys can be a valuable resource in your civil actions to pursue compensation from drunk drivers for your damages following a drunk driving car accident in Kingstree. During an initial case review, we could identify all potentially liable parties and help calculate your potential damages based on our experience with DUI car accident claims. We could then take the lead in filing your civil complaint and administering your claims through the South Carolina court system. In certain cases, we may be able to negotiate and advise on the merits of a settlement offer, which could limit the length of your case and lead to a faster payment for your damages. Reach out today to begin reviewing the details of your situation with a dedicated advocate.
