DUI Attorney in Charleston

The decisions you make after a drunk driving accident are critical. We know that each accident is unique, so we've narrowed it down to three of the most critical steps to take.

Your health and well-being should always come first. That's why you need to seek medical attention promptly. Call for an ambulance if necessary or visit the nearest emergency room. This rule applies even if you don't feel any immediate pain because some injuries may not be instantly apparent, putting you or a loved one in danger down the road.

Next, and as soon as it is safe to do so, gather as much evidence as you can from the accident scene. This will help prove your case and add more value to your claim. 

Finally, contact Morgan and Morgan for a free case evaluation. If we determine that you have a valid claim, we will discuss the possibility of hiring our drunk driving accident lawyer to represent you.

Again, each case is different. But from our experience, the following types of evidence could be used to determine and prove liability in such cases.

Official police reports can reveal key details of the accident. These include but are not limited to the driver's behavior, breathalyzer or blood test results, and other signs of impairment. 

Witness statements can also provide firsthand accounts of what happened before, during, and after the accident. They may have witnessed the driver exhibiting signs of intoxication, such as slurred speech, stumbling, erratic driving, and so on. 

Video footage from surveillance cameras, dash cams, or even bystanders may capture the impaired driver's actions, driving behavior, or impaired physical condition. This visual evidence can provide a compelling illustration of the driver's negligence and impairment.

In some cases, particularly when liability is disputed, or there's insufficient firsthand evidence, accident reconstruction experts can help recreate the sequence of events leading up to the accident. Courts will use their expert opinions to determine whether the impaired driver's actions directly caused the collision.

Here are some tips to help you get the kind of compensation that reflects the true value of your claim.

As discussed earlier, seeking immediate medical attention is crucial for both your well-being and your claim. On the contrary, delaying treatment may raise doubts about the severity of your injuries or pave the way for the insurance company to argue that your injuries stemmed from something other than the accident.

Follow your doctor's recommendations for treatment, medication, therapy, or follow-up appointments. Consistently attending appointments and following your prescribed treatment plan shows how serious your injuries are and the effort you are making to recover. From the legal standpoint, it also helps document the progression of your recovery and the associated medical expenses.

Be particularly cautious about your social media activity after the accident. This is not the time to tell the world every detail about the accident. That's because insurance companies and defense lawyers may scrutinize your posts to find evidence to dispute your claim.  

Don't sign any documents without your lawyer's approval. The other party may try to settle your claim quickly and for less than what you deserve by presenting you with settlement offers or asking you to sign documents. If you settle the case too early, you'll lose your right to pursue additional compensation in the future if you experience complications from your injuries. 

Insurance adjusters may request recorded statements to gather information about the accident and your injuries. Don't do it without first consulting your lawyer, even if they make it seem it's urgent or compulsory. It can wait. If you give recorded statements, insurance carriers may use your words against you or twist your statements to diminish your claim.  

It depends on the nature of your case. Generally, the primary party responsible for a drunk driving accident is the driver who chose to operate a vehicle while under the influence of alcohol or drugs.  

In Charleston and throughout South Carolina, you can sue establishments such as bars, restaurants, or clubs that served alcohol to the intoxicated driver. This is known as "dram shop liability".

If the intoxicated driver was on the job or driving a company-owned vehicle at the time of the accident, the employer might bear some liability. This is especially true if they knew or should have known that the employee was drunk but still allowed them to drive the company vehicle.

You can seek compensation for all medical expenses related to the accident. These may include but are not limited to ambulance fees, surgery costs, hospital bills, medications, rehabilitation, therapy, medical equipment such as wheelchairs, and any future medical treatments necessary for your recovery.

If the injuries sustained in the accident resulted in a loss of income, meaning you were unable to work and earn a living, you could pursue damages for lost current and future wages.  

You can also seek reimbursement for the costs of repairs or the fair market value of your vehicle or any other personal property damaged in the accident.

Other damages you may be able to recover include pain and suffering, emotional and psychological trauma, such as anxiety, depression, post-traumatic stress disorder (PTSD), other mental health issues, and loss of consortium.

Punitive damages may also be awarded but only in cases of extreme negligence or willful misconduct by the liable party. However, South Carolina has a $500,000 cap on punitive damages for such cases.

You can count on Morgan and Morgan DUI lawyers in Charleston to fight for your right to compensation after a drunk driving accident. Since 1988, we've been fighting for the rights of the injured and have helped over 700,000 clients receive compensation. 

You may be next. Contact us today to learn more.