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A drunk driver hit me! Who will pay for my losses?

You were out, doing your thing, driving your car and minding your own business. Then you see it coming, a car swerving all over the road. You realize that you can't do anything to get out of the way. The other vehicle slams into yours, and you get hurt, all because someone decided to drive drunk -- a common problem on South Carolina roads.

In many drunk driving cases, the impaired driver walks away with hardly a scratch. The victim suffers the most physical damage. This has to do with the impaired driver being more relaxed upon impact. As the victim of a DUI-related crash, your suffering is likely to go beyond the physical damage done. It can take a significant toll on you emotionally and even hurt your bank account as well. Who will pay for your losses?

The driver

The first person that you may attempt to hold responsible following a DUI-related crash is the drunk driver. Not only will this person likely face criminal charges for the event, but you may also have the right to pursue civil claims against him or her. In doing so, if you and your legal team are able to establish negligence, the court may award you full and fair compensation for your losses.

The establishment

South Carolina has something known as dram shop laws. These laws allow victims of drunk drivers, under the right circumstances, to file civil claims against the establishments who sold them the alcohol. In order for a dram shop claim to work, you have to prove:

  • Proof of alcohol sale to the driver
  • Link between the sale and intoxication
  • Impairment caused the accident

Along with these things, it is necessary to show that you suffered injuries as a result of the alcohol sale.

Dram shop claims aren't easy to prove

Dram shop laws serve a valuable purpose, but the state certainly does not make such cases easy to prove. It takes a lot of investigative work to bring a dram shop claim to court and achieve a successful result.

If you suffered injuries in a drunk driving-related accident, you have the right to seek compensation for your losses. With legal assistance, you can file all the claims applicable to your case and take all the steps necessary to prove your case in court.

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