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Advocating for Victims of Drunk Driving Accidents

Drunk drivers cause fatal and injury accidents every day in the U.S. Despite strict criminal penalties for driving under the influence imposed by most states, drunk driving accidents continue to occur. Fatalities in alcohol-impaired driving crashes were up by 14% in 2020, as reported by the National Highway Traffic Safety Administration (NHTSA).

The following are drunk driving statistics from NHTSA:

  • Approximately 28 people in the U.S. die in drunk driving crashes every day.
  • One person is killed in an alcohol-impaired driving accident every 52 minutes.
  • 10,142 people lost their lives in DUI crashes in a recent year.
As a smaller client-focused firm, we treat clients as real people — not file numbers”
- Julian Allen

How Do You File a Claim If You Are a Victim of a DUI-Related Accident?

To prevail in a personal injury claim for compensation after a drunk driving accident, you must show that the impaired driver was at fault for the crash. To do that, you must prove four elements of the case:

  • The defendant owed you a duty of care. (All drivers owe a duty of care to others on the roadways.)
  • The defendant breached that duty by driving under the influence of alcohol.
  • The defendant’s breach of duty caused your accident.
  • You sustained damages because of the accident.

How Is Liability Determined in a DUI-Related Accident?

In most DUI accident cases, the intoxicated driver who caused the crash may be held liable for resulting injuries. Depending on the circumstances, there may be more than one responsible party for your accident. Under South Carolina dram shop laws, under certain circumstances, a third party may also be liable. A bar, club, restaurant, or another business establishment may be held responsible for your injuries if it:

  • Sold, distributed, or served alcohol when it was reasonably foreseeable that the person being served would drive drunk, potentially causing an accident; or
  • Served, sold, or distributed alcohol to a driver under the legal drinking age of 21.

What Types of Compensation Can Victims Seek for Drunk Driving Accidents?

Injured victims of auto accidents caused by drunk drivers are entitled to pursue compensation for their losses. Damages in a drunk driving accident claim may include:

  • Past and future medical expenses
  • Lost wages or earnings
  • Loss of future earning capacity
  • Physical impairment
  • Scarring and disfigurement
  • Physical pain and suffering
  • Emotional trauma
  • Mental anguish
  • Loss of quality of life

What Should You Do If You Were Injured in a Crash Caused by a Drunk Driver?

If you were injured in a crash caused by an alcohol-impaired driver, you should be entitled to seek compensation. The at-fault driver’s insurance company may try to settle the case quickly out of court by offering an amount that may not be adequate to cover all your losses. It is in your best interests to consult with an experienced lawyer before accepting any settlement, or even speaking with insurance companies. Your best chance of recovering full compensation is to have an experienced auto accident attorney handling your claim.

Why Choose Allen Law?

Attorney Julian Allen is a skilled negotiator and trial lawyer with extensive experience in personal injury matters. He is a former insurance company defense attorney who understands the tactics employed by the “other side,” and knows how to counter them. He has been named among the National Trial Lawyers Top 100 Trial Lawyers, rated AV Preeminent® by Martindale-Hubbell®, and listed among South Carolina Super Lawyers®.

Call Allen Law today at (843) 882-5005 to schedule a free consultation if you have been hurt in a collision caused by a drunk driver. We work on a contingency fee basis, meaning you pay us no fees until we win a recovery for you.

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