DUI Personal injury lawyer In The Midlands And Low Country
A drunk driver hit you. You didn’t do anything wrong. Now you’re hurt, the car’s gone, and an adjuster keeps calling. Here’s the short answer. You can bring a civil claim against the drunk driver, and sometimes against the bar that served them. That claim is yours, separate from any criminal charge. Wilson Law Group, LLC handles these cases across South Carolina, and the first talk is free.
How common are drunk driving crashes in South Carolina?
They’re far too common here. In 2023, 413 of the 1,047 people killed on South Carolina roads died in crashes involving an alcohol-impaired driver, which is 39% (NHTSA, FARS 2023). Our state’s legal limit is 0.08 (S.C. Code 56-5-2933). A driver can still be charged below that if alcohol impaired them.
Is the criminal DUI case the same as my injury claim?
No, it isn’t. The state prosecutes the DUI. That case is about punishing the driver. It doesn’t pay your medical bills or replace your wages. Your injury claim is a separate civil case that you control. It can move forward even if the criminal case stalls or the driver pleads to something smaller. A conviction helps, but you don’t need one.
Can a bar or restaurant be held responsible?
Sometimes it can. South Carolina law bars a business from selling alcohol to someone who’s already intoxicated (S.C. Code 61-4-580). The state Supreme Court has said people hurt by that driver may sue the business that broke the rule (Tobias v. The Sports Club, 1998). Bars open after 5 p.m. also have to carry liquor liability insurance (S.C. Code 61-2-145).
The law changed on January 1, 2026. Now, when a jury finds against both the bar and a driver charged with DUI, the bar can be made to answer for half of your actual damages on its own (S.C. Code 61-2-147). That matters a lot when the driver carries only a small policy.
What are punitive damages in a drunk driving case?
They’re damages meant to punish, not just repay. You have to show reckless conduct by clear and convincing evidence, which is a higher bar than usual (S.C. Code 15-32-520). Most punitive awards in South Carolina are capped. That cap doesn’t apply when the driver’s judgment was substantially impaired by alcohol or drugs (S.C. Code 15-32-530). We won’t guess at what any case is worth. Nobody honest can.
What should I save in the first week?
Evidence disappears fast, especially at a bar. Start with these:
- Get the crash report. Here’s how to get a copy of your police report.
- Write down where the driver said they’d been drinking.
- Keep every medical record, bill, and pharmacy receipt.
- Photograph your injuries every few days.
- Don’t give the other driver’s insurance company a recorded statement.
Bar receipts and camera footage get erased. A lawyer can send a letter demanding they’re kept.
Why call Wilson Law Group?
Our two attorneys have more than three decades of combined experience trying injury cases in South Carolina. We take the calls, the insurance companies, and the paperwork off your plate while you heal. If you were hurt close to home, see our pages for a drunk driving accident lawyer in Bamberg and a drunk driving accident lawyer in Orangeburg.
FAQ
Do I need a drunk driver accident lawyer if the driver was arrested? An arrest doesn’t pay anyone. The insurance company still decides what to offer, and a lawyer makes sure the bar and every policy get looked at.
What if the drunk driver had no insurance or drove off? Your own uninsured motorist coverage may step in. A hit and run accident lawyer can help you use it.
Is there a deadline to file? Yes. South Carolina sets a time limit, and claims involving a government agency can follow different rules. Talk with a lawyer about your own dates.
What if someone was killed? The family may bring a wrongful death claim in South Carolina, handled through the estate.
Talk to a drunk driver accident lawyer today
You don’t have to sort this out alone. Call Wilson Law Group, LLC at 803-245-7799 for a free consultation, with no obligation. We’ll listen first. The filing deadline may look far off. Still, call right away. Evidence needs to be preserved, witness statements taken, and every insurance policy that might apply found early.
This page is general information about South Carolina law. It isn’t legal advice, and reading it doesn’t create an attorney-client relationship.