Being injured by a drunk driver in South Carolina is a traumatic and often life-altering experience. Beyond the physical pain and emotional distress, victims must navigate a legal system that can feel overwhelming.
Fortunately, South Carolina law provides clear avenues for seeking justice and compensation when someone is injured due to another’s reckless decision to drive under the influence.
In this article, we’ll explore:
- How liability is determined,
- How insurance claims work, and
- When punitive damages may apply.
If you’re facing this situation, understanding your rights can help you make informed decisions about your recovery and your legal options.
Understanding Liability After a DUI Accident in South Carolina
In South Carolina, liability in drunk driving accidents is primarily based on negligence and statutory violations.
Driving under the influence of alcohol or drugs is illegal under South Carolina Code § 56-5-2930, which prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
When someone causes an accident while driving impaired, they are typically presumed to be negligent per se—meaning their violation of the DUI statute automatically supports a claim for civil liability. However, to win a personal injury case, the injured party must still prove:
- The at-fault driver was legally impaired
- That impairment caused the accident
- The victim suffered injuries and damages as a result
Filing Insurance Claims After a DUI Accident
After being injured by a drunk driver in South Carolina, your first step is typically to file a claim with the at-fault driver’s insurance provider.
South Carolina is a fault-based insurance state, which means the person who caused the accident is financially responsible for the damages.
Compensation may include:
- Medical bills (current and future);
- Lost wages and diminished earning capacity;
- Pain and suffering; and/or
- Property damage
If the drunk driver was uninsured or underinsured, you may be able to file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage, which is required by law in South Carolina unless waived in writing.
Can You Sue a Drunk Driver in Civil Court?
Yes. If a fair settlement cannot be reached with the insurance company—or if the damages exceed available insurance limits—you can file a personal injury lawsuit in civil court. The standard time limit to file such a lawsuit in South Carolina is three years from the date of the accident under S.C. Code § 15-3-530.
A civil lawsuit may also be appropriate if there are multiple parties involved, such as:
- Bars or restaurants that overserved the intoxicated driver, under South Carolina’s dram shop liability laws
- Employers of commercial drivers who were on the job while intoxicated
Punitive Damages for DUI in South Carolina
In cases involving particularly reckless or intentional conduct, South Carolina allows courts to award punitive damages in addition to compensatory damages. The purpose of punitive damages is not to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.
Under S.C. Code § 15-32-520, punitive damages may be awarded if the plaintiff can prove by clear and convincing evidence that the defendant’s conduct was willful, wanton, or reckless. Driving drunk—and especially causing harm while doing so—often meets this threshold.
Notably, South Carolina law caps punitive damages at the greater of:
- Three times the amount of compensatory damages awarded, or
- $500,000
However, this cap can be lifted in cases where the defendant’s conduct was motivated by unreasonable financial gain or if the driver was convicted of a felony (such as DUI causing great bodily injury or death).
FAQs: DUI Injury Accidents in South Carolina
Q: What should I do immediately after being hit by a drunk driver?
A: Call 911, seek medical attention, and report the incident to law enforcement. If possible, document the scene and gather witness information.
Q: Can I still recover damages if the drunk driver wasn’t charged with DUI?
A: Yes. Civil liability does not require a criminal conviction. You only need to prove negligence or reckless conduct by a preponderance of the evidence.
Q: Will my insurance rates go up if I file a UM/UIM claim?
A: Possibly, but South Carolina law prohibits insurers from raising premiums solely for using UM/UIM coverage unless you’re found at fault.
Q: How long do I have to sue a drunk driver in South Carolina?
A: Generally, three years from the date of the accident, but you should consult an attorney promptly to preserve evidence and meet all deadlines.
How a South Carolina Personal Injury Attorney Can Help
Navigating a South Carolina DUI accident claim involves multiple steps—from gathering police reports and medical records to negotiating with insurance companies and, if necessary, presenting your case in court. An attorney can:
- Help establish liability
- Calculate a fair value for your damages
- Identify potential sources of compensation, including dram shop liability
- Fight for punitive damages where appropriate
While not required, having a legal advocate can significantly improve your chances of recovering full compensation for your injuries.
If you’ve been injured by a drunk driver in South Carolina, you don’t have to face the legal and financial aftermath alone.
A skilled attorney can help you hold the responsible parties accountable and pursue the full compensation you deserve, including punitive damages where applicable.
Contact a South Carolina personal injury lawyer today! Schedule a free consultation and start protecting your rights.
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