Drunk driving can lead to devastating accidents and life-altering consequences. South Carolina is no stranger to incidents related to driving under the influence, highlighting the urgent need for awareness and proper action. Understanding the steps to take after such a traumatic event can significantly influence the outcome for victims.
In this article, we will delve into the necessary steps to follow if you’ve been hit by a drunk driver in South Carolina, including understanding your rights, notifying your insurance, navigating potential claims, and the importance of consulting a personal injury attorney. By empowering yourself with knowledge, you can pave the way for recovery and justice.
Steps to Take Immediately After the Accident
If you’ve been hit by a drunk driver in South Carolina, your immediate focus should be on ensuring your safety and seeking medical attention. Here are the steps you should follow to ensure safety and seek medical attention:
- Move to Safety: If possible, move to a secure location to avoid further harm.
- Call 911: Report the accident to the authorities. A police officer will document the accident scene, which is vital for insurance claims.
- Medical Assessment: Even if injuries seem minor, it’s crucial to get medical treatment promptly. This step is vital for your health and serves as documentation for your injuries.
- Documentation: If you’re able, collect evidence at the scene by taking photos and obtaining contact information from witnesses.
- Do Not Admit Fault: Limit your interaction with the intoxicated driver and avoid admitting any fault or making statements that could affect your insurance claims.
Remember, the immediate reactions post-accident can impact both your health and any potential legal process. After ensuring your well-being, consider contacting a personal injury attorney to navigate the complexities of dealing with insurance policies and to help you secure fair compensation for any damages or injuries resulting from the drunk driving accident.
Notifying Your Insurance Company
If you’ve been the victim of a drunk driving accident in South Carolina, it’s essential that you notify your insurance company promptly. Doing so not only complies with your policy’s requirements but also establishes the basis for an insurance claim. Be aware that insurance policies often have time limits within which you must report an accident, and failing to do so may affect your ability to receive compensation.
Begin the process by contacting your insurance company as soon as it’s feasible after the incident. Provide them with the date and the basic details of the accident. Keep the initial report factual and concise; further details will be discussed as your claim is processed.
Remember that your auto insurance company is your ally in securing fair compensation. They will work with you to assess property damage, medical expenses, and other losses you may have incurred due to the drunk driving accident.
What to Include in Your Report
When notifying the insurance company about the accident, your report should be detailed and accurate. Here’s what you should aim to include:
- The date, time, and location of the accident
- Your full name, policy number, and contact information
- The names and contact details of any witnesses
- The name, insurance information, and vehicle information of the intoxicated driver
- A brief description of how the accident occurred
- A list of any visible damages to your vehicle
- Any immediate medical concerns or injuries sustained
- A reference to the police report, including the report number if available
Bear in mind that while you are required to share information with your insurance company, you should not admit fault or speculate on the details of the accident. Be honest, but cautious about the language you use, as any admissions can impact your claim.
Economic Damages
Economic damages are quantifiable costs resulting from the accident. In South Carolina, as a car accident victim, you may be entitled to compensation for various economic damages, including:
- Medical expenses: These include past and future medical treatment costs resulting from the injuries you sustained in the accident.
- Lost wages: If you are unable to work due to the accident, you may be compensated for lost income and earning capacity.
- Property damage: This refers to the cost to repair or replace your vehicle and any other personal property damaged due to the crash.
When claiming economic damages, documentation is key. Keeping a detailed record of all expenses, receipts, and communication with your auto insurance company will provide tangible evidence of your financial losses.
Non-Economic Damages
Non-economic damages cover losses that are not easily quantified with a monetary value but still significantly impact the victim’s life. In South Carolina, these damages may include:
- Pain and suffering: Compensation for physical pain and discomfort experienced during and after the accident
- Emotional distress: If the accident has led to psychological effects such as anxiety, depression, or trauma, you may be eligible for compensation.
- Loss of consortium: This refers to the negative impact on the relationship between you and your spouse as a consequence of the accident.
It’s essential to work with a personal injury attorney who can help you properly evaluate and articulate these damages, as they can be subjective and require a deep understanding of the law to effectively argue in negotiations or a court of law.
Punitive Damages
Punitive damages are not related to the direct losses suffered by the accident victim. Instead, in South Carolina, these damages are awarded as a means to punish egregious wrongdoers and to deter similar conduct in the future. Driving under the influence is an action that can warrant punitive damages due to its reckless disregard for the safety of others.
The determination for these damages involves clear and convincing evidence of the at-fault driver’s misconduct. An accident attorney or drunk driving accident lawyer with experience in South Carolina law can review your case to determine if punitive damages may be appropriate, and fight to hold the intoxicated driver accountable for their negligent behavior.
Punitive damages can be substantial, but are also capped under South Carolina law, so it’s vital to have an experienced attorney who understands how to navigate these limitations. This legal representation often involves presenting evidence of the fault driver’s behavior, such as a high blood alcohol content or previous offenses, during settlement negotiations or at trial to justify an award for punitive damages.
Benefits of Hiring a Personal Injury Attorney
After a collision with a drunk driver in South Carolina, an experienced personal injury attorney can be indispensable in defending your rights. These legal professionals bring several advantages to the table, including:
- Understanding State Laws: South Carolina’s laws on drunk driving accidents demand careful interpretation. An attorney versed in local regulations will know how to leverage these laws to your benefit.
- Analyzing Police Reports: A thorough examination of the report filed by the responding police officer can uncover crucial evidence to support your claim.
- Estimating Fair Compensation: Attorneys can accurately calculate both economic and non-economic damages – from medical costs and property damage to personal pain and emotional stress.
- Handling Insurance Company Tactics: Insurance claims can be complex, and companies often seek to minimize payouts. An attorney will counteract such tactics and work to secure a fair settlement.
- Assessing All Damages: Beyond the immediate costs, experienced attorneys can evaluate the full extent of damages, including long-term impacts on your quality of life and earning capacity.
- Pursuing Punitive Damages: If applicable, your attorney will also pursue punitive damages against the drunk driver, which requires a deep understanding of the legal thresholds in South Carolina.
During your struggle for just compensation, an accident attorney serves as an advocate who can also provide emotional support, reducing the burden during an already stressful time.
Emotional, Physical, and Financial Recovery
If you’ve been involved in an accident with a drunk driver in South Carolina, recovering emotionally, physically, and financially is paramount. Emotional distress from such an experience can be profound, necessitating counseling or therapy to help you cope. For physical recovery, seek immediate medical attention even if injuries are not apparent, ensuring a timely reaction to any underlying harm.
Financially, property damage and medical treatment costs can be considerable. Working with an experienced personal attorney can aid in navigating insurance claims with both the at-fault driver’s insurance company and your own auto insurance policies. Your accident attorney will strive for fair compensation, covering not just property damage but also non-economic damages like emotional suffering and physical pain.
Contact McWhirter, Bellinger & Associates
McWhirter, Bellinger & Associates has been representing victims of drunk driving accidents for more than four decades. We fight hard to make sure our clients receive every penny they’re rightfully owed after getting injured by someone who was driving with a blood alcohol content above the legal limit. Our drunk driving accident attorneys know firsthand the hardships faced by drunk driving accident victims, and we believe in holding responsible parties accountable for their actions.
We understand that every drunk driving accident case is different, and that’s why we approach every case differently. We take the time to understand exactly what happened and the consequences of the accident, including physical and emotional injuries, loss of enjoyment of life, lost wages, and possible future expenses. We take every component of the case into account and develop the best strategy to help our clients achieve maximum compensation. While we settle most cases outside of court, we are always ready and willing to represent you in front of a judge and jury if a suitable settlement cannot be reached at the negotiation table. We do everything we can to make sure that innocent motorists and passengers don’t have to pay for the negligent or reckless actions of impaired drivers.
The personal injury lawyers at our South Carolina law firm also advocate for those who have lost loved ones in drunk driving accidents, representing them in wrongful death claims. We approach these cases with care, compassion, and understanding, doing everything we can to secure financial compensation to help with end-of-life expenses and other costs.
McWhirter, Bellinger & Associates has seven offices across the Midlands of South Carolina, and we offer free case evaluations to drunk driving accident victims. Give us a call today at 803-573-3894. It won’t cost you anything to see if we can help.®
