One drunk driver can do serious damage. Sadly, drunk driving car accidents in Orangeburg are the cause of many injuries every year. If you or a family member were harmed by an individual driving while under the influence, you may be owed substantial compensation. A proactive car accident attorney could help you recover damages for your pain and suffering, medical costs, loss of wages, and other financial and emotional grievances.
After an accident, there can be many complex details to sort through. You do not have to figure it out on your own. Call our team today and schedule a consultation to discuss how we can advocate on your behalf.
Drunk Driving Car Accident Laws
Drunk driving refers to an individual who drinks alcohol to the point of intoxication and still gets behind the wheel. This is incredibly dangerous and can result in catastrophic injuries or, sadly, even wrongful death.
Pursuant to South Carolina Code § 56-5-2930, any person who operates a motor vehicle with impaired faculties due to the consumption of alcohol or other altering substances is in violation of the law. This violation could result in a number of criminal charges or convictions based on the individual’s prior history of drunk driving.
It is important to note that various complex factors play a part in determining how drunk driving car accidents in Orangeburg are processed. Certain details such as the individual’s specific blood alcohol level, whether or not the person was arrested, and many other critical pieces of information can result in the lessening or addition of damages owed. Having the legal counsel of a tenacious attorney from Whetstone Perkins & Fulda could provide a better understanding of what details could influence a personal injury claim.
Proving Fault After a Car Accident with a Drunk Driver
Under civil standards, an injured person must prove that the drunk driver breached their duty of care and that this caused the car accident. A drunk driving conviction makes this more accessible, as it automatically establishes the first two elements of negligence. Operators of motor vehicles owe a duty of care to others on the road, and they fail to maintain that duty by operating their cars or trucks while intoxicated.
However, even in cases with no formal convictions, the injured person could still establish liability by utilizing proof that the other driver was under the influence of alcohol.
Statute of Limitations in Drunk Driving Cases
The statute of limitations for most personal injury claims—including those related to drunk driving accidents—is three years. This means the injured party has three years from the date of the incident to file their claim.
If they do not file by the appropriate time, their case will likely be dismissed, and no monetary damages will be awarded even if they are justifiably owed.
Speak to an Orangeburg Attorney Immediately Following a Drunk Driving Car Accident
Car accidents can cause a great deal of stress, debt, injuries, and emotional damage. If you were in a drunk driving car accident in Orangeburg after receiving appropriate medical care, your next step should be seeking the help of a qualified attorney. They could help gather the specific evidence needed to pursue the compensation you deserve while you focus on recovering.
Contact the office of Whetstone Perkins & Fulda today to speak with a compassionate member of the team.