Motor vehicle accidents can be traumatizing, but few types of collisions see the devastation that comes with a drunk driving collision. Drunk drivers are often traveling at high rates of speed, weaving in and out of traffic, and driving recklessly. The likelihood of catastrophic injury or death is high.
If you were critically injured or someone you love was killed in a collision caused by a drunk driver, you may be able to take legal action against them with help from a leading Columbia drunk driving accident lawyer from Shelly Leeke Law Firm. The criminal justice system will determine whether they spend time in jail or prison. Your dedicated Columbia car accident lawyer can help you demand full and fair compensation for your damages when you contact our office to request a free consultation.
Drunk Driving Collisions Cause Catastrophic Injuries
Drunk drivers have been known to cause life-threatening injuries. Some drunk drivers are even responsible for taking the lives of other passengers and motorists on the roadways. Some of the most common types of catastrophic injuries the clients of a Columbia personal injury lawyer have struggled to overcome over the years include:
- Post-traumatic stress disorder (PTSD)
- Full-thickness burn injuries
- Traumatic brain injuries
- Back and neck injuries
- Spinal cord injuries and paralysis
- Whiplash and other soft tissue injuries
- Internal bleeding and organ damage
- Septic shock caused by infected lacerations
- Loss of limbs
No matter what type of injuries you sustained, you may be entitled to compensation if your collision was caused by a drunk driver. Your Columbia catastrophic injury lawyer will need to carefully review the extent of your injuries and your prognosis to determine the potential impact they may have on your life. The more significantly your life has been or may be affected, the more compensation you could expect to recover.
Columbia Drunk Driving Accident FAQ
What Is the Statute of Limitations for Drunk Driving Accident Claims in SC?
All drunk driving accident lawsuits in South Carolina must be filed before the statute of limitations runs out. According to S.C. Code Ann. §15-3-530, the maximum amount of time you have to file your claim is three years from the date of the accident. Those who fail to meet this deadline may find themselves barred from moving forward with their lawsuits.
The sooner you get started, the better. Your Columbia drunk driving accident attorney needs time to gather as much valuable supporting evidence as we can. This includes speaking with witnesses who still have their memories of the accident fresh in their minds and obtaining camera footage that could be erased in a matter of days after the collision.
Will I Have to Go to Court?
Not all drunk driving accident cases go to court. However, if you hope to get the most out of your case, it may be in your best interest to keep your options open. Most injury victims start out by filing a claim against the drunk driver’s auto insurance policy.
Auto insurance is required as described by the South Carolina Department of Insurance. After being involved in an accident, you would file a claim against the drunk driver’s policy, as South Carolina follows fault-based insurance laws. If the defendant’s insurance coverage is enough to cover the total value of your losses, a trial may not be necessary.
What Happens if I Lose a Loved One in a Drunk Driving Accident?
If you lose a loved one in a drunk driving accident, a compassionate Columbia wrongful death lawyer from Shelly Leeke Law Firm may be able to help you get through this difficult time. We have represented countless families in their pursuit of justice against the liable party. We may be able to help you not only recover compensation on behalf of your deceased loved one but also bring the drunk driver to justice to ensure they are held accountable to the fullest extent of the law.
By filing a wrongful death lawsuit under S.C. Code Ann. §15-51-10, you can do your part to reduce the number of drunk driving accidents, injuries, and deaths across the state. The at-fault party must be held accountable, and your family must be compensated for your mourning and financial losses. Our Columbia drunk driving accident lawyers can walk you through the process so you can grieve without having to worry about complex litigation or insurance negotiations.
Can I File a Claim Against the Restaurant that Over-Served the Drunk Driver?
You may be able to file a claim against a restaurant, bar, or other venue if they overserved the drunk driver who hit you. This may be considered a violation of South Carolina’s dram shop liability laws as described under S.C. Code Ann. §61-4-580. Here, if a restaurant, nightclub, liquor store, stadium venue, bar, or other establishment that serves or sells alcohol provides alcohol to someone who is already visibly impaired, the establishment may be partially at fault for the victim’s damages.
What Types of Evidence Prove Liability in a Drunk Driving Accident?
The burden of proof in drunk driving accidents and personal injury claims is based on a preponderance of the evidence as described under S.C. Code Ann. §15-36-100. This means the evidence presented must be clear and convincing of the defendant’s liability. In drunk driving accidents, some of the most valuable types of supporting evidence could include:
- Video surveillance of the wreck.
- Copies of the defendant’s chemical blood alcohol concentration (BAC) test results.
- Photos of the accident scene.
- Statements from witnesses.
- Testimony from responding officers.
- Black box data obtained from the drunk driver’s vehicle.
- Copies of the defendant’s driving history.
Contact a Top-Rated Drunk Driving Accident Lawyer in Columbia for Help Today
The experience of your drunk driving accident is something you will remember forever. If you suffer permanently disabling injuries, the collision could have an even more profound impact on your life. Drunk drivers must be held accountable for their negligent actions if we are ever going to reduce the instances of drunk driving collisions across the state.
It all starts with the legal resources and support of your strategically aggressive drunk driving accident attorney in Columbia from Shelly Leeke Law Firm. It is a drunk driving accident lawyer in Columbia’s goal to ensure drunk drivers are held accountable to the full extent of the law. Fill out our secured contact form or call our office to schedule your no-cost, risk-free consultation today and fight to bring the liable party to justice.