What should drivers do after a drunk driving accident in Columbia South Carolina?
South Carolina – May 3, 2022
Drunk driving is illegal in South Carolina and liability will fall upon a drunk driver as they were behaving irresponsibly and endangering other drivers. Drivers who do not report an accident to the South Carolina DMV may have their license suspended. After a drunk driving accident and immediate dangers are addressed, drivers involved may ask themselves: “Where can I find attorneys near me?” to assist with compensation for property damage or physical injury in South Carolina.
Post-Accident Actions.
Accident victims in Columbia South Carolina should:
- Check on the condition of the people involved in the car accident if able.
- Call the police or emergency responders if needed, and they will evaluate for impairment.
- Get a written accident report.
- Remain at the accident scene.
- Exchange driver and insurance information.
- Get witness contact information.
- Call insurance company to set up a claim.
- Seek out medical treatment if necessary.
- Take pictures of the scene, and the vehicle damages.
- Call an accident attorney to determine “fault” and actions toward a proceeding to address damages and injuries sustained.
Victims should call law enforcement unless there was minimal damage to vehicles or property and police must be called if the accident resulted in an injury or death. South Carolina Department of Motor Vehicles requires all drivers to submit a completed and accurate traffic collision report (form FR-309) for any damage above $1,000. Submit the form within 15 days of the accident by mail to the address on the form. Accident victims who are unclear about preparation of necessary accident forms, and insurance claims can be assisted by knowledgeable South Carolina drunk driving accident lawyers.
Injury claims.
Victims who plan to pursue a personal injury claim for damages over what the insurance company pays, should seek legal counsel to complete an in-depth analysis of all reports and data related to an accident and determine the value attached to injuries, damages and residual pain and suffering. Determining fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident. Because the accident involves a drunk driver, there may be criminal charges as well as civil charges. If the drunk driver is convicted, that may be enough to prove negligence in the personal injury case, and the accident victim must still prove damages if the insurance company settles by admitting liability.
Mandatory Insurance.
Car insurance is mandatory in South Carolina and any claims made are subject to reduction based on who owns fault in the accident. Fault is determined when an individual fails to exercise the degree of care expected of someone in a similar situation, and it results in an injury of some sort, it is called “negligence.” The basis for most civil lawsuits and negligence laws are established at the state level. South Carolina is a “modified comparative negligence” state. This means drivers can still recover damages in a car-accident-related lawsuit, but awards will be reduced according to drivers’ share of negligence, if that share was not greater than that of other parties.
Statute of limitations.
South Carolina has a three (3) year statute of limitations for property damage and personal injury claims starting on the date of the accident.
Seeking damage compensation.
In South Carolina, a person who suffers any kind of injury or damage due to an auto accident usually can proceed in one of three ways: 1) by filing a claim with his or her own insurance company, assuming that the loss is covered under the policy; 2) by filing a third-party claim directly with the at-fault driver’s insurance carrier, or 3) filing a personal injury lawsuit in civil court against the at-fault driver.
Hire an attorney.
Victims who have been involved in a car accident due to drunk driving in the Columbia area, contacting knowledgeable attorneys is a wise decision regarding a review for a potential civil and/or criminal claim and settlement.
Sources:
Leave a Reply
Want to join the discussion?Feel free to contribute!