Drunk driving remains one of the most dangerous and reckless behaviors on the road, claiming thousands of lives and causing severe injuries each year. If you or a loved one are injured in a drunk driving accident, you need a dedicated North Charleston drunk driving accident lawyer to fight for your rights and seek justice on your behalf. With over a decade of experience, a North Charleston car accident lawyer from Shelly Leeke Law Firm can hold the responsible parties accountable and help you pursue the compensation you deserve.
Maximizing Compensation
Victims of drunk driving accidents often suffer severe injuries, which can lead to costly medical bills, lost wages, and significant pain and suffering. Having a drunk driving accident lawyer in North Charleston on your side increases your chances of receiving full and fair compensation for your injuries and losses. Our skilled North Charleston personal injury lawyers will understand the full scope of your losses and fight to recover the maximum compensation available, including:
- Current and future medical expenses.
- Lost income and diminished earning capacity.
- Pain and suffering.
- Emotional distress.
- Loss of companionship in cases of wrongful death.
- Property damage.
The Impact of Drunk Driving in South Carolina
South Carolina ranks among the highest in the nation for drunk driving fatalities per capita. The South Carolina Department of Public Safety reported 474 deaths caused by alcohol-impaired driving in the state in 2022. North Charleston is not immune to this tragic problem.
Drunk driving is a crime under South Carolina law. Specifically, the state defines driving under the influence (DUI) as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, any BAC level of 0.02% or higher is illegal.
Despite the strict DUI laws in place, many drivers still get behind the wheel while intoxicated, leading to catastrophic accidents that devastate families and communities. If an intoxicated driver caused you injuries in an accident, you may be able to file a civil claim against them. Contact a drunk driving accident attorney in North Charleston to discuss your situation and legal options.
Why You Need a North Charleston Drunk Driving Attorney
One of the five questions injury victims ask the most is whether you need an attorney to represent you. The answer is yes. If you have been injured in a drunk driving accident, it is crucial to have an experienced drunk driving accident lawyer in North Charleston on your side for the following reasons:
Complex Legal Procedures
Personal injury claims stemming from drunk driving accidents can be legally complex because to pursue compensation successfully, you must prove that the other driver was negligent, reckless, or violated the law. While South Carolina’s DUI laws make it clear that driving under the influence is illegal, gathering and presenting the necessary evidence is a complicated process. At Shelly Leeke Law Firm, our lawyers know how to thoroughly investigate the accident, collect evidence, and build a strong case on your behalf.
Holding the Responsible Party Accountable
Drunk drivers can face criminal charges and civil liability. While the criminal justice system seeks to punish offenders, a personal injury claim is your opportunity to seek compensation for your damages. Civil and criminal cases are separate processes, and our experienced North Charleston drunk driving accident attorneys will ensure that the drunk driver is held fully accountable in civil court, regardless of the outcome of their criminal case.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts to accident victims, using these top 5 tricks in your South Carolina personal injury claim. Without legal representation, the adjuster may pressure you into accepting a low settlement offer that does not cover your full range of damages. Our drunk driving accident lawyers will handle negotiations with the insurance companies, ensuring that you receive a fair settlement or take your case to trial if necessary.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents often result in devastating injuries. Many of these injuries can have long-lasting or permanent effects. Common injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Whiplash
- Internal injuries
- Burns
- Lacerations
No matter the severity of your injuries, it is essential to seek immediate medical attention and consult with our drunk driving accident attorneys in North Charleston as soon as possible. Even seemingly minor injuries can result in long-term complications. The sooner you document your injuries, the stronger your case will be.
South Carolina DUI Laws and Victims’ Rights
South Carolina has strict DUI laws. They are designed to protect the public and punish those who choose to drive under the influence of alcohol or drugs. Key aspects of South Carolina’s DUI laws include:
- BAC limits: Drivers with a BAC of 0.08% or higher are considered legally impaired, and those with a BAC of 0.15% or higher face enhanced penalties.
- Implied consent law: Under Section 56-5-2950, South Carolina’s implied consent law requires drivers to submit to chemical breath, blood, or urine tests if law enforcement suspects them of driving under the influence. Refusing a test can result in an automatic license suspension.
- Criminal penalties: Drunk drivers face criminal penalties, including fines, jail time, and license suspension. Penalties increase for repeat offenders or drivers with high BAC levels.
While these laws provide a framework for prosecuting drunk drivers, they do not address the financial and emotional toll on victims. That is where civil claims come into play. As a victim, you have the right to pursue compensation through a personal injury lawsuit, even if the drunk driver is facing criminal charges.
Proving Negligence in a Drunk Driving Accident Case
To successfully recover compensation for a drunk driving accident, you must establish the other party’s negligence, which occurs when someone fails to act with the level of care that a reasonable person would under similar circumstances. In the case of drunk driving accidents, negligence is often easier to prove due to the illegal nature of driving while intoxicated. The main elements of proving negligence include:
- Duty of care: All drivers have a legal duty to operate their vehicles safely and follow traffic laws.
- Breach of duty: When a driver operates a vehicle while impaired, they breach their duty of care by engaging in reckless behavior.
- Causation: You must show that the drunk driver’s breach of duty directly caused the accident and your injuries.
- Damages: Finally, you must prove that you suffered damages, such as medical expenses, lost wages, and pain and suffering, because of the accident.
Contact Shelly Leeke Law Firm Today
If you have been injured or lost a loved one in a drunk driving accident in North Charleston, you have the right to seek justice and compensation for your losses. Our skilled North Charleston drunk driving accident lawyers can help you navigate the legal process, gather the necessary evidence, and fight for the compensation you deserve. Contact us today for a free consultation, and let us help you take the first steps toward healing and justice.
