Being struck by a drunk driver is all it takes to alter everything in a second. The shock is usually followed by rage and frustration over who is to cover the soaring medical expenses and car repairs. The law of the State of South Carolina takes drunken driving as a major misconduct. The remedies that may be used are either compensatory or punitive damages, depending on the evidence of recklessness. You may demand compensation that exceeds the basic insurance compensation. Knowing the rules of punitive damages and possible third-party liability in South Carolina can assist you in assessing the prospects and developing a stronger case.

How Does The Concept Of Recklessness Impact Your Case?

Evidence of intoxication can support a finding of recklessness, but it is not automatic and depends on the circumstances. This distinction can affect damage evaluation, including the possibility of punitive damages, where supported by the evidence:

Gross Negligence Versus Simple Negligence

In normal fender-benders, ordinary negligence is the suggestion of absent care. Evidence of gross negligence or recklessness may be intoxication; however, the classification is based on all the facts. This is a legal category that does not allow the defense to reduce the severity of the crash when negotiating a settlement.

The Role Of Per Se Negligence

When the driver was on a safety law, like a drunken driver, the law assumes that he is negligent. Negligence per se will admit a statutory breach to replace being able to prove breach, although you also need to prove causation and damages.

Who Else Might Be Liable Besides The Drunk Driver?

In limited circumstances, courts have allowed claims against alcohol providers who serve visibly intoxicated patrons. If a bar or restaurant on Gervais Street knowingly served an intoxicated person who later caused your injury, that establishment may share financial responsibility. 

This creates a secondary avenue for compensation when the driver lacks sufficient insurance. To prove this connection, it will be necessary to demonstrate that the establishment knew or, in any case, should have known that the patron was intoxicated.

What Specific Damages Can You Recover In A DUI Crash?

A car accident claim is usually based upon economic and non-economic damages, which include medical bills, lost earnings, pain, and suffering that may cause collisions along the high-traffic roads like I-26. Punitive damages can also be regarded in cases of DUI because they are meant to punish careless behaviors and deter the occurrence of such behaviors in the future. Speaking with a knowledgeable Columbia car accident lawyer, SC, empowering recovery through Stewart Law Offices early in the process can help determine if the driver’s blood alcohol content could support these additional penalties and strengthen your overall case.

South Carolina courts allow these separate financial awards specifically to deter future reckless behavior on our roads. While compensatory damages address your losses, punitive damages aim to deter and penalize egregious conduct. The amount available often depends on the severity of the intoxication and the driver’s history. Getting access to such funds often necessitates finding clear-cut evidence of the defendant willfully neglecting safety, unlike the evidence in cases of mere reimbursement. In case you need counsel over your case, you can pay them a visit in their office located at 10 Calendar Ct # 100, Columbia, SC 29206, or you can call them at 803-743-4200 to discuss your case directly with a lawyer.

Why Is Preserving Evidence Different In DUI Cases?

Evidence in drunk driving claims disappears faster than in standard wrecks because it overlaps with criminal investigations. Dashcam footage and toxicology reports are often held by the police. You must act quickly to send preservation letters preventing the destruction of this data. Failing to secure these items immediately can weaken your position. Unlike typical accidents, where skid marks tell the story, DUI claims rely heavily on biological data and police observations.

There is no such thing as having the objective evidence, which is the achievement of getting the driver to provide the evidence of his field sobriety test results and breathalyzer logs, so that what you have to say is true. The scientific BAC evidence may be convincing in the case of the correct collection and verification, as well as the eyewitness testimonies and police logs. The importance of timely requests and preservation letters is due to the fact that some records might be inaccessible or have delayed access, and the problem of chain-of-custody might occur after a criminal prosecution.

How Does The Punitive Damages Cap Exception Work?

The law of South Carolina tends to restrict the extent of a jury award in terms of punitive damages, although there are exceptions to this in cases of DUI. In a case where alcohol or a drug is concerned, the statutory cap may not be applicable,e provided the circumstance falls above a certain legal threshold. This difference is significant as it can facilitate more financial restitution for people injured due to careless behavior.

In certain situations involving high stakes, the statutory limitations on punitive damages are eliminated under S.C. Code Section 15-32-530. This will be the general case, but there is a certain exception of intoxication as given in the law, even in cases where a defendant is convicted of a felony.

When Should You Settle Your Claim?

Insurance companies frequently offer a quick settlement check within days of the accident to close the file cheaply. Accepting this early offer usually extinguishes your right to ask for more money later if complications arise. Patience is your strongest asset here. You must wait until doctors determine you have reached maximum medical improvement before discussing numbers.

This ensures all future rehabilitation costs and long-term impacts are calculated into the final demand. Settling too early leaves you paying for lingering health issues out of your own pocket. A settlement is final, meaning you cannot go back for more funds even if a surgery is required six months later, related to the initial crash.

Frequently Asked Questions

Here’s the thing. Before jumping to conclusions, it helps to understand how the law treats passengers and where responsibility actually falls in these situations.

Can I sue if I was a Passenger in the Drunk Driver’s Car?

Yes, passengers, like other victims, have the same right to damage claims. You may sue the insurance policy of the driver. In case the driver is a member of the family, certain policy exclusions can take place; you need to look through the insurance agreement thoroughly.

What if the Driver was Acquitted in Criminal Court?

It is not too late to file a civil lawsuit. Civil courts have a standard of preponderance of the evidence, which is not as high as the beyond a reasonable doubt standard in a criminal trial. Being exempt from a criminal case does not mean that you cannot win some financial damages in a civil case.

How Long do I Have to File a Lawsuit in South Carolina?

As a rule, the timeframe in which you can file a personal injury lawsuit in South Carolina is three years. Nevertheless, in the case of an involvement of a governmental entity, such a timeframe can be reduced. Any failure to meet this particular deadline will ensure that you will never be entitled to compensation.

Does the Blood Alcohol Level Affect My Compensation Amount?

Yes, the higher the Blood Alcohol Content (BAC), the more the punitive damages. Debilitating drunkenness shows a greater level of nonchalance. This fact can go a long way in raising the worth of your claim by illustrating the total neglect of the driver of the road signs.