As far as what happens when you get hit by a drunk driver, expect serious consequences. A drunk driver car accident can result in property damage, injuries, and fatalities. In the aftermath of an accident, a victim may seek damages from the liable motorist through a personal injury lawsuit.
The team at the Shelly Leeke Law Firm can explain what you should do if your car is hit by a drunk driver. Meet with a Charleston drunk driving accident lawyer from our team. Schedule a free case consultation today.
What Happens When You Get Hit by a Drunk Driver in South Carolina?
If you get hit by a drunk driver, seek help immediately. Dial 911, and medical professionals and police officers will arrive at the scene minutes later. Medical personnel can evaluate and treat your injuries, and police officers can get information from you that they can use in a report detailing your accident.
In addition to these things, get the other motorist’s contact, driver’s license, and auto insurance information. You should also take photos of the accident scene and your injuries. This will help you gather evidence you can use to pursue damages in a drunk driving accident lawsuit.
If you want to take legal action against a drunk driver, the team at the Shelly Leeke Law Firm can assist. We can explain if you will have to go to court if you were hit by a drunk driver and address other legal concerns and questions you have. Contact us for more information.
What Happens if You Get Hit by a Drunk Driver and Suffer an Injury?
Receive medical care, as your injury is unlikely to improve on its own. Alternatively, if you go to a hospital, a doctor can perform an evaluation. They can treat your injury and provide tips and recommendations to help you avoid further harm.
In the weeks after your accident, continue to receive medical care. Attend follow-up medical appointments and track your expenses. You can use your medical bills in your case against the driver responsible for your accident.
Let a car accident attorney represent you in your case. Choose a lawyer who has achieved outstanding case results in drunk driving accident lawsuits. Your attorney will review your medical expenses and other quantifiable and subjective losses and help you pursue the compensation you deserve.
What to Expect from a Drunk Driver After an Accident
Unfortunately, a drunk driver may have no idea where they are or what they have done. On the other hand, they may be aware that they are intoxicated and try to avoid taking responsibility for their actions. Protect yourself and others involved in your accident by calling 911 to report the incident.
There are SC laws relative to impaired driving, and police officers will enforce these at the scene of your accident. These officers may use a breathalyzer to measure a motorist’s blood alcohol concentration (BAC). If the driver responsible for your accident submits to a test and is found to be driving with a BAC above the legal limit, they may be arrested.
It is in your best interests to hold an intoxicated driver accountable for their actions. This motorist chose to get behind the wheel while under the influence of alcohol. By taking action against this driver now, you could prevent them from doing the same thing again and putting you and other motorists in danger in the future.
How a Drunk Driving Accident Claim Works
If you drive a car in South Carolina, you are legally required to have automobile insurance. After an accident caused by a drunk driver, tell your insurer about the incident. Your insurance company can connect with the other motorist’s insurer to investigate.
Ideally, both insurance companies find you are not at fault for your accident. The liable driver’s insurer covers your accident-related losses. You can use the compensation you receive to pay your medical bills and other expenses associated with your accident.
An at-fault motorist’s insurance company is likely to dispute your claim or offer a lowball settlement, even if their client was intoxicated and caused your accident. Or, there are instances when an at-fault party does not have car insurance. In these instances and many others, it pays to partner with a lawyer, as they can seek compensation for you through a lawsuit.
What Can Happen if You Sue After You Get Hit by a Drunk Driver?
Filing a lawsuit gives you the opportunity to collect damages from the liable motorist. It does not guarantee that you will be awarded compensation. You will have to prove that the other driver was negligent, which can be difficult.
To prove negligence, you can use accident scene photos and videos, breathalyzer test results, witness statements, and other evidence. Your lawyer can help you prepare a body of proof. If you have a wealth of evidence, it can be challenging for the defendant in your lawsuit to contest your claims against them.
Your attorney can provide a breakdown of negligence laws in South Carolina. If an intoxicated driver understands that they were negligent, they may offer a settlement. If this happens, you can approve the proposal and close your case or decline the offer and continue to look for ways to strengthen your argument.
What Happens if a Family Member Gets Hit by a Drunk Driver and the Accident Is Fatal?
Sadly, drunk drivers often do not consider the ramifications of their actions before they get behind the wheel. If a family member dies in a fatal accident caused by an intoxicated driver, you and your surviving loved ones may feel devastated. You may be unsure of how to respond, and the emotional toll may feel like it is too much to handle on your own.
In this situation, a lawyer can help. Your attorney can teach you about the statute of limitations for a wrongful death in South Carolina. They can explain why it may be beneficial for you and your family members to file a wrongful death lawsuit against the liable driver.
Your lawyer is empathetic and caring, and they prioritize your rights and those of your family. They take care of your legal matters. Meanwhile, you and your loved ones can keep supporting one another as you cope with the loss of your family member.
Get the Help You Need to Deal with the Legal Process that Follows a Drunk Driving Accident
The Shelly Leeke Law Firm has a track record of success in drunk driving accident cases. We are here to help you evaluate your legal options as you decide what to do after you get hit by a drunk driver. Request a free case consultation.
