Drunk Driving Accident Lawyers in South Carolina
If a drunk driver hurt you or someone you love, our drunk driving accident lawyers are here to help. At FCW Law, we fight for people hurt by drivers who chose to drink and then drive. You should not have to pay for someone else’s bad choice. We can explain your options, deal with the insurance companies, and go after the money you need to heal.
We know a crash like this is scary. You may have medical bills, missed work, and a lot of questions. This page explains how a drunk driving accident claim works in South Carolina. It also shows how to choose among drunk driving accident lawyers. When you are ready, call us for a free consultation. We will listen to your story first. Then we will tell you, in plain words, what your next steps could be.
Your Injury Claim and the DUI Criminal Case Are Not the Same
A drunk driving crash can lead to two different cases. The first is the criminal case. In that case, the state charges the driver with a crime such as DUI. The second is your civil claim. In a civil claim, you ask for money for the harm you suffered.
These two cases do not depend on each other. The criminal case punishes the driver, but it does not pay your bills. Your civil claim is how you ask for payment. A guilty plea can help your claim. Still, you can bring a claim even if the driver is never convicted.
What Drunk Driving Accident Lawyers Can Help You Recover
Our job is to seek full payment for what the crash took from you. Every case is different. Even so, you may be able to ask for:
- Medical bills, now and in the future
- Lost pay and lost ability to work
- Pain, suffering, and loss of enjoyment of life
- Car repair or replacement costs
- Funeral costs and other losses if a loved one died
In some cases, the law also allows punitive damages. These are meant to punish very reckless acts, such as driving drunk. A judge or jury decides if they apply. We will tell you honestly whether your case may qualify.
Who Can Be Held Responsible for a Drunk Driving Crash?
The driver is not always the only one at fault. Depending on the facts, more than one person or business may owe you.
- The drunk driver. The driver who caused the crash is the first target of your claim. Their auto insurance may cover part of your losses.
- A bar, restaurant, or store. If a business served alcohol to someone who was clearly drunk, it may share the blame. South Carolina has no dram shop statute. Even so, courts have allowed these claims. We look at receipts, video, and witness stories to see if this fits your case.
- A party host. A person who gave alcohol to a guest may also face a claim in some cases. The facts matter a lot here, so we review each one closely.
- Your own insurance. If the driver has little or no insurance, your own policy may help. Uninsured and underinsured motorist coverage can fill the gap. We check your policy early.
What to Do After a Drunk Driving Accident
The steps you take right away can protect your health and your claim. Here is what to do:
- Call 911 and ask for police and medical help.
- Get medical care, even if you feel fine. Some injuries show up later.
- Write down the officer’s name and the report number.
- Take photos of the cars, the scene, and your injuries.
- Get the names and phone numbers of any witnesses.
- Do not give a recorded statement to the other driver’s insurer.
- Call a lawyer as soon as you can.
Please do not wait. Early steps often make a big difference.
How Our Drunk Driving Accident Lawyers Build Your Case
Strong cases rest on strong proof. After you hire us, we start gathering it right away. For example, we may:
- Get the police report and any breath or blood test results
- Send letters that tell bars and others to keep their video and records
- Talk to witnesses while their memories are fresh
- Review your medical records and bills with your doctors
- Hire experts when the case needs them
- Handle the calls and letters from insurance companies
We also keep you in the loop. You will know where your case stands, and you can call us with questions. Our drunk driving accident lawyers will not let an insurer rush you into a small deal.
Deadlines That Can Affect Your Claim
South Carolina sets time limits for injury claims. In most cases, you have three years to file a lawsuit, as shown in S.C. Code Section 15-3-530. If a loved one died, the clock can start on the date of death. If you wait too long, the court may refuse to hear your case.
Evidence can also vanish fast. For instance, a bar may erase its video after a short time. That is why you should call a lawyer soon.
Fault matters too. If a court finds you 51% or more at fault, South Carolina law may bar your claim. Insurers sometimes try to blame the injured person. We push back on that.
How to Choose Among Drunk Driving Accident Lawyers
After a crash, many people search online for the best lawyer. Do not just pick the first ad you see. Instead, ask each firm a few clear questions:
- Have you handled drunk driving cases before?
- Will you go to trial if the insurer will not pay a fair amount?
- Who will work on my case, and how will you keep me updated?
- Do you have the money and staff to hire experts?
- How do you get paid?
Good drunk driving accident lawyers will answer these questions plainly. Then trust your gut. You should feel heard, and you should get straight answers. If a lawyer promises a result, that is a red flag. No honest lawyer can promise one.
Why People Choose FCW Law
At FCW Law, we treat every client like a person, not a file number. We know you need clear answers, so we explain each step in plain words and return your calls. You can also meet our attorneys before you decide.
Most injury firms work on a contingency fee. That means you pay no fee unless the firm wins money for you. We will explain our fee terms before you sign anything.
Drunk Driving Accident Lawyers Serving Lancaster and Rock Hill
We help people in Lancaster, Rock Hill, and nearby towns such as Fort Mill, Tega Cay, Indian Land, and York. Learn more about our Lancaster location or read about the legal results of drunk driving accidents in Rock Hill. If your crash involved a car, our car accident practice can help too.
Drunk driving is a problem across the country. NHTSA reports that 11,904 people died in drunk driving crashes in 2024. That is about one person every 44 minutes. Behind each number is a family like yours.
Frequently Asked Questions
Can I sue a drunk driver in South Carolina?
Yes. You can file a civil claim against a drunk driver whether or not the driver faces criminal charges. The two cases are separate.
Can I sue the bar that served the driver?
Maybe. If a bar served someone who was clearly drunk, it may share the blame. Courts in South Carolina have allowed these claims, even without a dram shop statute. The facts decide the outcome, so we review each case closely.
How long do I have to file a claim?
In most cases, you have three years from the crash date. Please call sooner, though, because evidence can disappear.
What if the drunk driver has no insurance?
Your own policy may help. Uninsured and underinsured motorist coverage can pay when the other driver has too little coverage. We will check your policy and look for other sources of payment.
What if I was partly at fault?
South Carolina uses a shared-fault rule. If you are 51% or more at fault, you may not recover money. If you are less at fault, the court may lower your payment by your share. Tell us everything so we can plan your case.
How much do drunk driving accident lawyers cost?
Most injury lawyers charge a contingency fee, so there is no fee unless you win. We will explain our fee terms in writing before you sign anything.
How are drunk driving accident lawyers different from other car accident lawyers?
The basics are the same, but drunk driving cases have extra pieces. There may be a criminal case, more people to hold responsible, and a chance at punitive damages. A lawyer who knows these cases can spot them early.
What if my loved one died in a drunk driving crash?
We are so sorry for your loss. A family may be able to bring a wrongful death claim. We can explain who may file, what the claim can cover, and the deadline. We will take it one step at a time.
Call Our Drunk Driving Accident Lawyers Today
You do not have to face this alone.
Contact Us Today for a confidential case review. The Law Offices of Wilkerson, Jones & Wilkerson will listen to your story, explain your rights in plain words and fight for the fair result you deserve.
About Us
Attorney F. Craig Wilkerson, Jr. is a former Marine Corps officer with approximately 20 years of experience in personal injury and civil litigation.
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