Next Steps After Being Hit By a Drunk Driver in South Carolina

From 2018 to 2022, South Carolina averaged 5,616 reports of drunk driving related traffic crashes each year. If a drunk driver hits you in South Carolina, you need to know your next steps.

The drunk driving accident lawyers at Jordan Law Center explain what to do next if you’re injured by a drunk driver in South Carolina.

Immediate Actions To Take When You’ve Been Hit by a Drunk Driver in South Carolina

When you’ve been hit by a drunk driver in South Carolina, take these steps.

     1. Stop where it’s safe

If you’re in a traffic accident, you’ll need to stop your vehicle in a safe place. Be aware of other traffic, road slope, lighting, and other hazards that may impact your safety.

     2. Report to law enforcement

Call 911. An accident involving a drunk driver is an emergency. Report the accident to law enforcement and tell them you are injured. Ask for medical responders and police to investigate the crash.

     3. Observe the scene

Take a moment to carefully observe the scene. Where exactly did the collision occur? Is it daytime, nighttime, or dusk? What are the weather conditions? 

Observe what you can of the other driver. Even if you’re not a trained professional, your observations can be helpful in the case. Note if you see them stumbling or fumbling. Make a note if you hear slurred speech or observe an odor of alcohol. Try to remember what they say as closely as possible.

     4. Cooperate peacefully

A person who is under the influence of alcohol can be unpredictable, especially if they are aware they may be in trouble for drunk driving. Don’t do anything to antagonize them. Maintain a safe distance and try to keep the peace until law enforcement arrives. Allow law enforcement to conduct their investigation.

     5. Share the facts

Be factual with law enforcement about what happened. Share your observations, including the events of the collision and what you observed of the other driver after the crash. Don’t speculate about anything, including the extent of your injuries.

     6. Don’t admit fault

Drunk driving doesn’t automatically make the other driver at fault for the accident. Drunk driving must be the cause of a driving error or another contributing factor.

Don’t admit any level of fault for the accident.

     7. Document the scene 

Do what you can to document the accident scene. Take photos and video, including of the other driver, if possible. Be careful not to antagonize them or put yourself in an unsafe situation. Gather names of witnesses. Even though law enforcement should do these things, it’s wise to do so yourself.

     8. Seek medical attention

Medical attention documents that you have injuries from the crash. Seek medical care, whether you go to the hospital or urgent care, or visit your primary care provider. Injuries may be more serious than you realize.

After the accident

The law enforcement officer who investigates the crash should give you an incident number. Get a copy of the report when it is available.

You may see law enforcement investigating drunk driving at the scene. They may give field sobriety tests or make an arrest. Follow up to determine if the person was charged with drunk driving. You will want to track the charges and get a certified copy of the disposition of the criminal case.

The outcome of the criminal case doesn’t directly determine your amount of compensation. You still have important work to do for your case.

Next Steps If Injured by a Drunk Driver

If you’re hit by a drunk driver, your next steps are: the following

• Ensure that law enforcement investigates the accident and the other driver’s impairment.
• Report the accident to your insurance company and the other driver’s insurance company.
• Get the accident report and records of criminal charges, if authorized.
• Follow your healthcare instructions to heal from your injuries.
• Identify damages for compensation.
• Pursue the monetary award you deserve for your case.

Your Legal Rights After a DUI Accident in South Carolina

• If you are hurt in a DUI accident in South Carolina, you may have a claim for financial compensation.
• In addition to economic and non-economic damages, a drunk driving civil claim may result in an award of punitive damages.
• Even if the person is found not guilty of criminal charges or if charges are dismissed, you may still qualify to bring a civil claim.
• You have the right to pursue compensation due under South Carolina law.
• You have the right to legal representation from the attorney of your choice.

Dealing With Insurance Companies After Being Hit by a Drunk Driver

Too often, insurance companies try to downplay what victims of drunk driving deserve. It’s their goal to pay as little as possible, even when there is a hurting victim.

Keep records of all interactions with insurance company representatives.

Causation can be an important question when you are hit by a drunk driver. Even when a driver is under the influence, you must prove that their actions are the cause of your injury.

For example, a driver is drunk and weaves into your lane of traffic, rear-ends you, or proceeds in an intersection when it is not their turn. Be ready to prove causation when you deal with the insurance company.

How A Greenville Car Accident Lawyer Can Help

A Greenville car accident lawyer can help you with the following:

• Gathering records and reports
• Determining what your case is worth
• Identifying damages for compensation
• Proving causation
• Interpreting complex chemical testing results
• Responding to defenses
• Investigating insurance coverage

Contact Us

Jordan Law Center is a plaintiff’s law firm with a history of success. As experienced trial lawyers, we advocate for drunk driving victims and win. If you have been injured by a drunk driver in a DUI accident, please contact us. We can represent you in a claim for compensation.