If you are hit by a drunk driver, it is important to stay calm and try to move your vehicle out of the way of traffic, if possible and if it is safe to do so. If you are unable to move your vehicle, or if you are injured, call 911 immediately to report the accident and request medical assistance.
When the police arrive, provide them with a clear and accurate account of what happened. Be sure to include any observations you made about the other driver's behavior, such as if they were swerving or driving erratically. If you have a camera or a smartphone with a camera, try to take pictures of the accident scene, including the damage to both vehicles and any visible injuries you or anyone else may have sustained.
It is important to remember to get the other driver's insurance information and to exchange contact information with them. It is also a good idea to contact your insurance company as soon as possible to report the accident. While gathering their information, attempt to see if you can spot any signs of intoxication.
If you are injured in the accident, seek medical attention as soon as possible, even if you do not think you were seriously injured. Some injuries may not be immediately apparent, and it is important to get a thorough examination to ensure that you receive the proper treatment.
If you are a victim of a drunk driving accident, you may be entitled to compensation for your injuries, property damage, and other losses. There are several ways to be compensated after a drunk driving accident:
Filing an Insurance Claim: If you have car insurance, you can file a claim
with your insurance company to cover the cost of damages to your vehicle
and any injuries you may have sustained. If the drunk driver has insurance,
you can also file a claim with their insurance company.
Filing a Personal Injury Lawsuit: If the drunk driver was at fault for
the accident, you may be able to file a personal injury lawsuit against
them to seek compensation for your damages and injuries. A lawyer can
help you understand your legal options and can advise you on the best
course of action to take.
Seeking Compensation from a Third Party: In South Carolina, dram shop liability
laws hold establishments that serve alcohol responsible for injuries or
damages caused by their intoxicated patrons. Specifically, South Carolina
law allows individuals who have been injured by a drunk driver to bring
a civil action against an establishment that served alcohol to the driver
if the driver's intoxication was a proximate cause of the injury or damage.
Under South Carolina law, an establishment can be held liable for injuries or damages caused by an intoxicated patron if the patron was served alcohol while they were visibly intoxicated or if the patron was served alcohol after they became visibly intoxicated on the premises.
It is important to note that in South Carolina, an establishment can only be held liable for injuries or damages caused by an intoxicated patron if the patron was served alcohol while they were on the premises. If the patron became intoxicated elsewhere, the establishment cannot be held responsible for their actions.
If you have been injured by a drunk driver in South Carolina and believe that an establishment may be partially responsible for your injuries due to dram shop liability, it is a good idea to consult with a lawyer who has experience handling these types of cases. A lawyer can help you understand your legal options and can advise you on the best course of action to take to seek compensation for your injuries.
- Injured Passenger: If the passenger is injured in the accident, they may be able to file a personal injury claim against the driver to seek compensation for their medical expenses, lost wages, and other damages, such as pain and suffering.
In addition to filing a personal injury claim, the passenger may also be able to file a claim with the driver's car insurance company to cover the cost of any damages to their personal property, such as their clothing or personal belongings that were damaged in the accident.
Have you been injured by a drunk driver? If so, Finkel Law Firm LLC can advise you of your rights and potential claims. Please do not hesitate to contact Johnny Stewart at 843-577-5460 to schedule a consultation.