What to Do If You're Hit by a Drunk Driver in South Carolina
Being hit by a drunk driver is different from an ordinary car accident — not just because of how preventable it is, but because South Carolina law treats it differently, too. From punitive damages to potential claims against a bar or restaurant, a drunk driving crash can open up avenues for compensation that aren't available in a typical fender-bender. Here's what to do, and what South Carolina law allows.
1. Get Medical Attention
Call 911 and get checked out, even if you feel okay at first. Drunk driving crashes are frequently high-speed or head-on collisions, and injuries can be more severe than they first appear. Prompt treatment protects your health and documents your injuries from day one.
2. Make Sure Police Investigate the DUI
When officers respond, they should investigate whether the other driver was impaired — field sobriety tests, a breathalyzer, or a blood draw. This creates critical evidence for both the criminal case and your civil claim. Get the officer's name, the report number, and ask whether the other driver was charged with DUI.
3. Document Everything You Can
If you're able, take photos of both vehicles, the scene, and any visible signs of the other driver's condition. Get contact information for witnesses — bystanders sometimes see or hear things officers don't, like slurred speech or the smell of alcohol. If the crash happened near a bar, restaurant, or event, try to note where the other driver may have been drinking.
4. Don't Deal Directly With the Other Driver or Their Insurer
Let your attorney handle communication with the at-fault driver's insurance company. Insurers still look for ways to dispute fault or minimize payouts even when their policyholder was drunk, and you shouldn't give a recorded statement or sign anything before understanding the full value of your claim.
5. Check Your Own Uninsured/Underinsured Motorist Coverage
Drunk drivers are more likely to be uninsured, underinsured, or to flee the scene. If that happens, your own uninsured or underinsured motorist (UM/UIM) coverage may be the primary source of recovery. Report the claim to your own insurer promptly and let an attorney review your policy limits.
Punitive Damages in South Carolina DUI Cases
South Carolina allows injured victims to seek
punitive damages
against a drunk driver — money intended to punish the driver and deter similar conduct, on top of compensation for medical bills, lost wages, and pain and suffering. Unlike many other injury cases, South Carolina's statutory cap on punitive damages
does not apply when the defendant was driving under the influence of alcohol or drugs. To recover punitive damages, your attorney must specifically request them and prove by clear and convincing evidence that the driver acted recklessly or with conscious disregard for others' safety — factors like blood alcohol level and any prior DUI history can support that claim. Importantly, the outcome of the driver's criminal DUI case doesn't control your civil claim — you can still pursue compensation even if the criminal charges are reduced or dismissed.
A Bar or Restaurant May Share Responsibility
South Carolina doesn't have a specific "dram shop" statute, but courts have long held that a business can be liable under ordinary negligence principles if it violated the law by serving alcohol to someone who was visibly intoxicated, or to a minor, and that person then caused a crash. If the driver was drinking at a bar, restaurant, or event before the wreck, it's worth investigating whether staff kept serving someone who was obviously too drunk to be served. (Social hosts — as opposed to licensed establishments — are generally only liable in South Carolina if they served alcohol to someone under 21.)
South Carolina's Comparative Negligence Rule Still Applies
Even in a drunk driving case, South Carolina's modified comparative negligence rule — the
51% bar — matters. If you're found less than 51% at fault for the crash, you can recover damages, reduced by your share of fault. Insurers will sometimes still argue you contributed to the crash even when the other driver was drunk, which is one more reason to have your own advocate.
Don't Wait to Get Help
South Carolina generally gives you
three years
from the date of the crash to file a civil lawsuit. Evidence like breathalyzer results, bar surveillance footage, and witness memories can fade or disappear quickly, so it's best to speak with an attorney as soon as possible.
Talk to a South Carolina Drunk Driving Accident Attorney
If you or a loved one has been injured by a drunk driver, you deserve full accountability — not just from the driver, but from anyone else who may share responsibility. At
Sharpe & Leventis, LLC, we investigate drunk driving accidents throughout South Carolina, pursue every available source of compensation, and fight to hold negligent drivers accountable.
Sharpe & Leventis, LLC
3710 Landmark Drive, Suite 403
Columbia, SC 29204
📞 (803) 830-6296
🌐 (https://www.sharpeleventis.com)
Contact us today for a free, no-obligation consultation.
*This article is provided for general informational purposes only and does not constitute legal advice. Every case is different — please contact Sharpe & Leventis, LLC or another licensed South Carolina attorney to discuss the specific facts of your situation.*
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