Drunk Driving Injury Attorneys in Columbia, SC

Each year, hundreds of individuals are killed in drunk driving accidents in South Carolina. The Palmetto State has consistently ranked among the worst states in the nation for DUI-related fatalities, and according to the National Highway Transportation Safety Administration (NHTSA), more than 40% of all traffic fatalities in the state are caused by chemical impairment.

It has been well-known for a long time that being under the influence of alcohol, illegal drugs, and some prescription drugs causes motorists to make poor driving decisions. Alcohol can make a driver tired and even cause them to fall asleep at the wheel.

It can also have the opposite affect by putting drivers into a mindset which causes them to drive recklessly and without regard for the rules of the road and the safety of others. Despite decades of high-profile public awareness campaigns, far too many individuals still choose to get behind the wheel after having too much to drink.

Driving while under the influence (DUI) is a serious criminal offense in South Carolina as it is in all other states. Those who are convicted for DUI can face very harsh consequences, which may include heavy fines, jail time, and loss of driving privileges.

But the criminal penalties for DUI do nothing to provide restitution for those who are injured in drunk driving accidents through no fault of their own. A separate civil action is needed to recover the just compensation injury victims are entitled to.

If you or a loved one suffered injury at the hands of a drunk driver, you need skilled legal counsel by your side advocating aggressively for your rights and interests. Before you speak to anyone from the insurance company, call the experienced auto accident lawyers at Peake & Fowler to discuss your legal rights and options.

For more than two decades, Peake & Fowler has represented individuals who have been injured in motor vehicle accidents in South Carolina. Our attorneys have extensive knowledge of this area of the law, and we have a successful track record with even the most complex cases. We work closely with our clients, putting our in-depth experience to work to provide strong guidance and moral support during some of the most difficult circumstances they will ever face.

Drunk Driving Laws in South Carolina

The state of South Carolina prohibits individuals from driving or physically controlling a vehicle if they are materially and appreciably impaired based on their blood alcohol concentration (BAC), behavior, or a combination of the two.

The BAC legal limits for DUI in South Carolina are:

• .08 for adults over the age of 21 who are operating a non-commercial vehicle;
• .04 for adults over the age of 21 who are operating a commercial vehicle;
• .02 for drivers who are under the age of 21.

If the driver is convicted for driving drunk at the time of the accident, it will make it easier for injury victims to recover compensation. However, even if a driver is not technically guilty of DUI, they can still be held liable for damages resulting from an accident they caused if it can be shown that the driver was chemically impaired at the time of the accident, and that this impairment resulted in the subsequent injuries.

There may be other potential legal avenues for recovering compensation after a drunk driving accident as well. While South Carolina does not have official dram shop laws on the books, courts have held that establishments who serve alcohol to a drunk driver (who later causes an accident) can be held liable if:

• The establishment serves alcohol to a minor who is under the age of 21; or
• The establishment served alcohol to any individual who is already visibly intoxicated.

There may also be the potential for a claim under the legal theory of social host liability. This may be applicable if alcohol was provided to a minor under the age of 21 at a party or event. Finally, it may be possible to file a claim against a vehicle owner under the legal theory of negligent entrustment if the owner knowingly allows a person who is intoxicated or likely to become intoxicated to drive the vehicle.

Damages Available from South Carolina Drunk Driving Accident Claims

The catastrophic consequences of a drunk driving accident are often two-fold: they trigger a criminal prosecution against the impaired driver and necessitate a separate civil action to compensate the victims for their losses. 

While a criminal conviction for Driving Under the Influence (DUI) serves the critical public interest of punishing the offender—potentially involving jail time, fines paid to the state, and loss of driving privileges—it does not provide for financial restitution to be paid directly to individuals who are injured in the crash. Compensation for these personal and financial losses must be recovered through a distinct civil claim.

In most instances, the initial avenue for recovery involves negotiating a monetary settlement with the insurance company for the responsible party. However, if the insurance carrier or the driver is not willing to offer a reasonable and adequate amount to cover the full extent of the victim’s damages, it may become necessary to pursue full compensation through formal litigation in South Carolina’s civil court system.

Those who suffer injury because of the negligent or reckless actions of a drunk driver are entitled to compensation for a broad spectrum of losses. These recoverable damages are broadly categorized into two major groups: compensatory and punitive.

I. Compensatory Damages: Restoring the Victim

Compensatory damages are designed to make the injured party whole again, to the extent that money can achieve this. These damages are further divided into economic losses and non-economic losses.

A. Economic Damages (Tangible Losses)

Economic damages represent the calculable, direct monetary losses resulting from the accident. These amounts are generally proven using bills, invoices, wage statements, and projections from medical and financial professionals. Key economic damages include:

1. Medical Bills and Future Care Costs: This is often the most substantial component of a claim. It covers emergency room visits, ambulance transportation, hospitalization, surgical procedures, doctor’s appointments, prescription medications, and physical rehabilitation. 

For severe or life-altering injuries, this category must also account for future expected costs, such as ongoing therapy, durable medical equipment, home health care, and potential home modifications (like wheelchair ramps or lifts) necessary for long-term recovery or disability management.

1. Lost Wages and Diminished Earning Capacity: Victims are entitled to compensation for income lost due to time taken off work for recovery, medical appointments, or physical incapacitation following the crash. Furthermore, if the injuries are permanent or disabling, the victim may face a loss of future earning capacity. This claim accounts for the reduction in the victim’s ability to earn income over their working lifetime due to their injuries, often requiring testimony from a vocational or economic analyst to quantify the loss accurately.
2. Property Damage: This covers the costs associated with repairing or replacing a damaged vehicle, as well as damage to any personal items lost or destroyed in the accident.

B. Non-Economic Damages (Intangible Losses)

Non-economic damages compensate the victim for losses that are subjective and not tied to specific monetary expenses. While they are more challenging to quantify, they are often critically important in recognizing the full impact of a serious collision. These typically include:

1. Pain and Suffering: This encompasses the physical discomfort, agony, and distress endured by the victim from the moment of the accident, through recovery, and into the future if the pain is chronic.
2. Emotional Distress and Mental Anguish: Accidents caused by drunk drivers often result in significant psychological harm, including anxiety, depression, post-traumatic stress disorder (PTSD), and fear of driving. This compensation acknowledges the mental toll the trauma has taken.
3. Loss of Enjoyment of Life: When injuries prevent a person from participating in hobbies, recreational activities, social events, or simply enjoying daily life as they did before the accident, this constitutes a loss of enjoyment of life.
4. Loss of Consortium: In cases of severe injury or wrongful death, the spouse of the victim may be able to recover compensation for the loss of companionship, affection, aid, and sexual relationship that was forfeited due to the injuries sustained by their partner.

II. Punitive Damages: Punishment and Deterrence

In rarer cases, a third type of damage, known as punitive damages (or exemplary damages), may also be awarded. Unlike compensatory damages, which are meant to restore the victim, punitive damages are not intended as compensation for a loss, but rather as punishment to the responsible party and a powerful deterrent against similar reckless behavior by others in the community.

In standard negligence-based auto accident cases in South Carolina, obtaining punitive damages is difficult and requires proving willful, wanton, or reckless misconduct by clear and convincing evidence. However, in the context of a drunk driving accident, the driver’s decision to operate a vehicle while intoxicated often meets the necessary threshold of gross negligence or conscious disregard for safety.

The Removal of the Punitive Damage Cap

South Carolina law (specifically S.C. Code § 15-32-530) typically caps punitive damages at the greater of three times the amount of compensatory damages awarded or $500,000. This cap applies to most personal injury claims.

Crucially, the cap on punitive damages is removed entirely if the plaintiff is able to prove, by clear and convincing evidence, that the defendant was under the influence of alcohol or drugs to the degree that their judgment was substantially impaired at the time of the injury. This provision reflects the state legislature’s intent to impose maximum accountability on impaired drivers. The possibility of uncapped punitive damages serves as a significant pressure point during settlement negotiations.

III. Third-Party Liability (Dram Shop and Social Host Claims)

The liability in a drunk driving crash may extend beyond the driver themselves. South Carolina recognizes Dram Shop liability, which can hold commercial establishments (such as bars, restaurants, or liquor stores) responsible if they negligently contributed to the driver’s intoxication.

Under South Carolina law (S.C. Code Ann. § 61-4-580), it is illegal for licensed establishments to knowingly sell beer or wine to a person who is visibly intoxicated or to sell alcohol to anyone under the age of 21. If a business breaches this duty, and that breach is a direct cause of the subsequent accident, the establishment can be named as an additional defendant in the civil claim.

Similarly, in certain circumstances, social hosts may also face liability for providing alcohol to minors who then cause an accident. Identifying these third parties is critical because they often carry large liability insurance policies, increasing the likelihood of recovering full compensation for serious injuries.

Steps to Take After Being Hit by a Drunk Driver

If you’ve been injured in an accident caused by a drunk driver, we are here to help. Call Peake & Fowler at 803-788-4370 to schedule a consultation. However, before that, below are the steps that you should take immediately after being hit by a drunk driver:

1. Call 911

First, call 911 to report the accident. Specify where you are, how many vehicles are involved, and any injuries you notice. Stay on the line with the operator until help arrives. If anyone is injured, don’t let them move until the ambulance arrives. Moving an injured person can actually cause them more harm than good.

2. Remain Calm

When you notice that the other driver seems impaired, it’s incredibly hard to stay calm. You might feel like you need to yell at them, make them see the reality of what they’ve done, or take out your anger on them. None of this will help, and in fact, it could actually hurt you.

3. Gather Evidence

Instead of losing your temper at the negligent driver, use your time to gather evidence. If the driver appears impaired, take note of what you notice. Do they have glassy eyes or rosy cheeks? Are they stumbling when they walk or laughing inappropriately? Do you smell alcohol wafting off of them? If you have a passenger with you, ask them to verify what you observe.

You also want to collect evidence from the crash scene. Take photos of the scene, and if possible, take video footage as well. Take photos from different distances and angles. Be sure to capture any damage to guardrails or other nearby property.

4. Seek Medical Attention

When the police arrive, you’ll want to give your statement and tell them your suspicions about the other person’s impairment. Consider exchanging contact and insurance information with the other party via the police officer, since the impaired driver may be in no condition to do so. From there, though, your priority is to seek medical attention. Adrenaline is released during a crash, and it masks pain. This may lead you to think that you are in better condition than you truly are.

Furthermore, some injuries are not immediately apparent. These injuries can quickly become fatal if not promptly treated. If you do not go to the hospital via ambulance, go to the doctor immediately after leaving the crash scene.

5. Contact an Attorney

Drunk driving accidents are multifaceted and complex. You may be entitled to compensation from the other party, and the criminal charges they may face can help you build a stronger case. However, you’ll still face the same challenges you face in any personal injury claim. Their insurance company is unlikely to offer a fair settlement immediately, and they many even deny their client’s impairment until they are provided with concrete proof.

Speak with an Experienced Columbia, SC Drunk Driving Accidents Lawyer

At Peake & Fowler, we know that being injured at the hands of a drunk driver can take a major physical, emotional, and financial toll on victims and their families, and we are here to help ensure that the legal process goes smoothly.

We handle your entire injury claim from start to finish, taking care of all the complex legal tasks and fighting hard for every dollar of compensation you are entitled to. This allows you to focus on recovering from your injuries and getting your life back on track.

To schedule a free consultation with one of our attorneys, call our office today at 803-788-4370. You may also message us through our web contact form or stop by our Columbia office in person at your convenience.