Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.
Who Is Liable in a South Carolina Drunk Driving Accident?
It is illegal in South Carolina to drive with a blood alcohol content (BAC) of 0.08 percent or more. If a driver is under the age of 21, the limit is 0.02 percent. With a BAC of 0.16 or more, additional penalties apply.
This means that it is much easier to prove that the drunk driver is at fault for a collision. The impaired driver will most likely be arrested and can be held financially responsible for the collision. The at fault driver is typically the one whose negligence or unlawful conduct caused the accident, but other parties may also share liability if someone else’s negligence contributed to the crash.
In addition to the driver who causes the accident, there may be additional liable parties in a drunk driving wreck. South Carolina follows the dram shop law principle. This allows victims of drunk driving accidents to pursue compensation from a third party. The third party may be an establishment that served alcohol to the drunk driver and/or the person who actually served the alcohol.
Because drunk driving often involves willful or reckless conduct, victims may also be eligible to pursue punitive damages in South Carolina.
To be held liable for a drunk driver accident, the bar, restaurant, or bartender must have served a person who was visibly intoxicated. In this state, it is illegal to do so. The establishment and its employees should be able to judge which patrons should be served alcohol and which should not.
Why Do You Need a Lawyer?
A traffic crash caused by a drunk driver can result in serious injuries. It may be in your best interests to have an experienced personal injury lawyer by your side. Our Greenville car accident attorneys have the knowledge and skills to thoroughly investigate your accident, collect and secure evidence, and prepare a compelling case to help you pursue maximum compensation for your losses. Building a strong car accident case involves navigating the legal process, dealing with insurance companies, and identifying all avenues to seek compensation for your losses.
Damages you may be entitled to claim include:
- Medical expenses, past and future (medical bills)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (designed to punish the drunk driver)
In determining whether to allow punitive damages, the judge will consider:
- The severity of your injuries
- Level of intoxication of the drunk driver
- Liability of the drunk driver for the accident
- Any previous drunk driving convictions
Contact Our Greenville Drunk Driving Accident Lawyers Today
At The Melonakos Law Firm, LLC, we handle personal injury cases exclusively, including cases related to drunk driving accidents. As a trusted drunk driving accident lawyer in Greenville, South Carolina, we focus on maximizing your compensation. We maintain a smaller caseload, allowing us to give each case the personal attention it deserves. If you have been injured in a drunk driving wreck, the sooner you take action, the better.
Contact us online or call our Greenville, South Carolina, drunk driving accident attorneys to schedule a free consultation today. We offer a free case evaluation to help you understand your rights and legal options.
