Getting hit by a drunk driver is scary. It can flip your life in seconds. You’re left hurt, confused, and unsure of what to do. If this happened to you in Charleston, this guide will walk you through what to do step by step. No fluff, just the facts that can help you get justice and support.

Your Rights as an Injured Victim

You didn’t ask for this. South Carolina law is clear: if someone drives drunk and causes a crash, they are at fault. That means you have the right to be paid for your medical bills, lost income, car damage, pain, and more.

It doesn’t matter if the drunk driver gets arrested or charged (though often they are). You still have a civil right to sue them. In many cases, you may also be able to go after others, like the bar that overserved them or their employer if they were on the job.

Bottom line: you have legal options, and you don’t have to go through this alone.

Criminal vs. Civil Case: The Drunk Driver May Face Both

South Carolina law allows drunk drivers to be punished in two ways:

• Criminal case: The state charges the drunk driver for breaking the law. They may face jail time, fines, or license suspension.
• Civil case: This is your case. You sue the driver (and possibly others) to recover your losses. It doesn’t depend on whether they go to jail.

The two cases are separate. Even if the driver isn’t charged or convicted, you can still win in civil court. The standard of proof is lower.

Charleston courts handle these types of lawsuits often. A local lawyer can guide you through the process.

Proving the Drunk Driver Was at Fault

You’ll need solid evidence. That may include:

• Police reports
• Breathalyzer or blood test results
• Dashcam or surveillance video
• Witness statements
• Photos from the scene
• Medical records

Charleston police typically test drivers for alcohol after serious crashes. That evidence can help prove your case. But even without a test, other facts can support your claim.

How a Lawyer Can Help You

You can deal with the insurance company on your own. But don’t expect a fair offer.

A Charleston injury lawyer who handles DUI crashes can:

• Investigate the crash
• Collect and preserve evidence
• Speak to witnesses
• Handle the insurance company
• Calculate your case value
• File a lawsuit if needed

Insurance companies want to pay as little as possible. A lawyer makes sure you aren’t taken advantage of. In most cases, you don’t pay unless they win your case.

What Compensation You Might Get

Every case is different. But here are common types of damages you may be owed:

• Medical bills (now and in the future)
• Lost wages
• Loss of future income
• Car repair or replacement
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages

Punitive damages are extra money meant to punish the drunk driver. South Carolina allows them in DUI cases, which can increase your payout.

Can You Sue If the Driver Wasn’t Charged?

Yes. Criminal charges are not required to win a civil case.

Sometimes the driver isn’t arrested. Maybe the test wasn’t done in time. Or maybe the prosecutor didn’t file charges.

That doesn’t stop your civil case.

In a civil claim, you only need to prove that it’s more likely than not that the driver was drunk and caused the crash. You don’t need to prove guilt beyond a reasonable doubt.

Common Mistakes to Avoid After a Drunk Driving Crash

Here are some things to avoid that could hurt your case:

1. Not calling the police
 You need a police report. It’s key evidence.

2. Skipping medical care
 Even if you feel okay, get checked out. Some injuries take time to show up.

3. Talking to the insurance company too soon
 They are not on your side. Don’t give a statement or sign anything.

4. Taking the first offer
 Insurance companies lowball victims. You might not know the full cost yet.

5. Waiting too long
 South Carolina gives you three years to file most injury lawsuits. But the sooner you act, the better your case will be.

What If a Bar or Restaurant Overserved the Driver?

Charleston has many bars and restaurants. If a business served someone who was clearly drunk, and that person caused a crash, you may be able to sue the bar under South Carolina’s dram shop laws.

These cases are harder to prove but can increase your compensation. A lawyer will know how to investigate and build this part of your claim.

What If the Drunk Driver Was on the Job?

If the drunk driver was working when they hit you, their employer may be partly responsible. For example, if they were driving a company car or on a delivery.

That opens the door to more insurance coverage and possibly a bigger recovery.

What If the Driver Has No Insurance?

If the drunk driver was uninsured or didn’t have enough insurance, you might still be covered.

South Carolina requires drivers to carry uninsured motorist (UM) coverage. If you have it, your own policy can pay for your injuries and damages.

Talk to a lawyer before filing a UM claim. Even your own insurance company may try to pay less than you deserve.

Final Thoughts

Getting hit by a drunk driver in Charleston can turn your life upside down. But you do have rights, and you may be owed far more than you think. Focus on your recovery. Let a trusted lawyer handle the fight for fair compensation.

Don’t wait. Evidence fades and deadlines matter. If you’ve been hit, act now to protect yourself and your future. Contact Brewer Law Firm, LLC for help.