Driving under the influence of alcohol or another intoxicating substance is one of the leading causes of fatal motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving caused over 13,500 deaths in a single recent year, accounting for about a third of all traffic fatalities that year.
If a drunk driver killed your loved one in South Carolina, Jebaily Law Firm wants to help you seek the wrongful death compensation your family deserves by holding the at-fault parties liable for your loss.
Contact our firm today for a free consultation with an experienced wrongful death attorney about how we can help you pursue justice.
Our Law Firm Helps Families Affected by Fatal DUI Car Crashes
At the Jebaily Law Firm, we’ve been representing accident victims and their families throughout South Carolina for over 50 years, and our lawyers have over 100 years of combined legal experience. Over the decades, we’ve also recovered millions of dollars for our clients, including several verdicts and settlements of more than $1 million.
Our firm is dedicated to providing personalized legal support for families affected by fatal DUI car crashes.
To learn more about what working with our team is like, we encourage you to read our client testimonials. For example, one of our past clients said:
“Jebaily Law is full of caring and dedicated professionals who are eager to make sure their clients have the best possible experience.” – Antonio
South Carolina Laws on Drunk Driving and Wrongful Death Lawsuits
South Carolina has several laws that could impact your wrongful death lawsuit arising from a drunk driving crash. These laws cover what the state considers drunk driving, what counts as a wrongful death, and the time limit families have to file their lawsuits.
- Drunk driving laws – In South Carolina, it is illegal to operate a vehicle while impaired by alcohol. There is a legal inference that a driver is impaired if they have a blood alcohol concentration (BAC) of at least 0.08 percent. In concert with other indications of intoxication, BAC may be considered as evidence of DUI at just 0.05 percent. Keep in mind that criminal DUI charges are a separate matter from civil liability for a fatal crash.
- Wrongful death laws – Under South Carolina law, a wrongful death is one caused by another party’s negligent or intentional actions or other legal fault. Wrongful death laws allow certain surviving family members to seek compensation for the loss of a loved one.
- Statute of limitations – The statute of limitations for wrongful death claims states that a wrongful death victim’s representative (also called their executor) has three years from the death to file a lawsuit against the at-fault parties. Claims filed after this deadline will likely be dismissed as untimely.
Seeking Compensation in South Carolina DUI Accident Cases
A wrongful death lawsuit allows you to seek compensation for the loss of your loved one. A survival action, on the other hand, will enable you to seek compensation for the losses your loved one suffered due to their injuries and before their death. In many cases, wrongful death and survival action lawsuits are filed alongside each other so grieving families can recover the full extent of damages they are entitled to.
Filing a Wrongful Death Claim After a DUI Accident
All wrongful death lawsuits in South Carolina must be brought by the executor or administrator of the deceased’s estate, though they do so on behalf of eligible family members. If the claim is successful, family members will receive compensation in order of priority as established by intestate succession. For example:
- If the deceased had a spouse but no children, the spouse receives the entire award.
- If the deceased had a spouse and children, the spouse receives half the award, and the children receive the other half.
- If there are surviving descendants and no surviving spouse, the descendants split the money based on their degree of kinship to the decedent.
- If there are no surviving descendants, any surviving parents split the money evenly.
Our attorneys can explain what you can expect if the above examples do not apply to your situation.
Damages Available in DUI-Related Wrongful Death Cases
The damages family members can seek through a wrongful death lawsuit after a DUI-related crash fall into three categories: Economic, non-economic, and punitive damages.
- Economic damages – Economic damages compensate the victim’s family for their financial losses, including funeral and burial expenses, medical bills related to the death, and the loss of the deceased’s financial support.
- Non-economic damages – Non-economic damages compensate the victim’s family for their intangible losses related to the death of their loved one, including the loss of the deceased’s love, affection, care, compassion, and protection. They also compensate the family for their emotional suffering.
- Punitive damages – Punitive damages, also called exemplary damages, are rare in South Carolina but may apply to cases involving drunk drivers. If the liable party’s actions were particularly reckless or intentional, the court may apply punitive damages to punish them. In South Carolina, the cap on punitive damages is three times the compensatory (economic and non-economic) damages or $500,000, whichever is greater.
Collecting Evidence After a Drunk Driving Wreck in SC
Our skilled DUI wrongful death lawyers can assist with gathering the evidence needed to prove your case and seek the compensation you deserve for your loss. Some examples of key evidence frequently used in fatal drunk driving lawsuits include:
- Test results showing the at-fault driver’s BAC levels
- Accident scene photographs showing the damaged vehicles, relevant traffic signs and signals, and skid marks on the road
- Traffic camera or dash cam videos showing the accident or the intoxicated driver’s actions leading up to the accident
- Eyewitness statements that provide further details about the crash or corroborate other evidence
- Testimony from experts such as crash reconstruction specialists
Dram Shop Claims in DUI Wrongful Death Cases
If the intoxicated driver who caused your loved one’s death was overserved before the accident, the bar or restaurant may be held liable. While South Carolina doesn’t have specific dram shop laws covering civil lawsuits, it does prohibit establishments from selling alcohol to those under 21 or who are already intoxicated. South Carolina courts allow drunk driving victims and their families to pursue claims against bars, stores, restaurants, and social hosts in certain circumstances.
How Our Lawyers Can Seek Justice for Your Loved One
When you work with our wrongful death lawyers, we’ll assist with your legal case by:
- Investigating the DUI accident and identifying all liable parties
- Gathering the necessary evidence for your case
- Calculating what fair compensation entails
- Negotiating with insurance companies for a fair settlement
- Representing your case in court
If your loved one passed away due to injuries they suffered in a car accident caused by an intoxicated driver, contact Jebaily Law Firm now for a free consultation with a wrongful death DUI attorney. During your initial consultation, we’ll review the details of your case and explain your options for holding the at-fault party financially liable for the compensation you deserve.
