DUI Accident Attorneys in Spartanburg

Your life can change in the blink of an eye when a drunk driver hits you. Physical injuries, emotional damage, and incredible financial loss are suddenly a big part of your life through no fault of your own. A Spartanburg drunk driving accident lawyer is your advocate, striving to provide you with the legal guidance you need in these difficult situations.

If you were hurt in an accident like this, our drunk driving accident lawyer at HawkLaw, P.A. is the advocate you need. Talk to our legal team about your case and let us start building a claim that holds those who hurt you accountable to the fullest level allowed under the law.

Can I Sue a Drunk Driver in Spartanburg If I’m Injured?

Yes, you can sue a drunk driver in Spartanburg who causes injuries and other losses for you. In some cases, the driver may not be the only liable party; in other cases, such as in a hit-and-run, you may need to use your own insurance. HawkLaw, P.A. can help you understand your legal options.

Why Choose a Spartanburg Injury Lawyer with DUI Accident Experience?

By contacting a drunk driving accident attorney, you gain the upper hand. Your attorney will determine the losses you have by gathering evidence to back up your claims. We’ll help you find the resources you need to recover, and work with a team of field experts who can help support your damages claim. 

When you are hit by a drunk driver, you need to focus on your recovery. We will handle submitting a claim to the insurance company, negotiating a fair settlement, and ultimately, suing the at-fault party if we cannot get a fair claim for you. 

Our Spartanburg injury lawyers help people who have suffered serious injuries in a drunk driving crash, including injuries such as:

• Traumatic brain injuries
• Spinal cord injury resulting in partial or full paralysis
• Bone fractures and injuries
• Amputations
• Soft tissue injuries

Is a Drunk Driver Automatically at Fault in South Carolina?

Yes, but the drunk driver may not be the only one at fault. 

However, you may be held accountable for any role you played in the accident that results in losses. Under South Carolina’s modified comparative negligence system, both parties can be found at fault in an accident. If you are found to be 50% or less at fault, you can file a claim for your losses against the other party, but the value is reduced by the amount of fault you have.

To maximize compensation for being hit by a drunk driver, then, your attorney will work to minimize any fault attributed to you by the insurance company. Using evidence from the accident, witness statements, and accident reconstruction, we can reduce some of that fault and reduce the risk of you losing critical compensation. Our drunk driving injury attorney will work diligently to minimize any such fault you have.

Dram Shop and Social Host Laws in South Carolina

Under South Carolina law, dram shop laws apply. That is, if you are hurt by a drunk driver who just left a location serving alcohol to the driver, and they knew or should have known the driver was intoxicated, you may be able to hold that establishment accountable for your injuries and losses. This might be a bar, club, restaurant, or any other establishment serving alcohol for compensation. If they serve alcohol to someone under the age of 21, and that person causes an accident, the location can also be held accountable.

Social host laws in South Carolina can also impact your compensation claim. If a social host serves alcohol to someone under 21 and that person causes injury to another, such as in a car accident, the party hosting the at-fault driver could be held liable. This does not apply to those over the age of 21 in many cases.

How DUI Affects a Personal Injury Case in Spartanburg

When an accident involves a driver under the influence, two processes typically unfold. First, there are the criminal charges. Law enforcement will collect evidence to prove intoxication, but the criminal case alone will not result in compensation for you.

To recover damages, you must pursue a civil claim against the at-fault driver and their insurance company. A DUI arrest or conviction can strengthen your case by making fault more difficult to dispute. Evidence gathered by the police — such as reports, BAC test results, and witness statements — can also support your claim.

You may not need to file a lawsuit if the insurance company accepts your claim and pays fairly. However, when criminal charges are pending, it becomes more difficult for insurers to deny liability, which can improve your chances of securing compensation.

Compensation You May Be Entitled to in a Drunk Driving Accident Claim

Your right to fair compensation is dependent on your ability to file a claim that incorporates all of the losses you have. Losses typically include:

• Medical expenses from the accident and through your recovery
• Lost wages if you miss work for some time to heal
• Pain and suffering
• Emotional trauma
• Property damage
• Loss of quality of life
• Loss of consortium

If you suffered any type of injury or loss, you may be able to file a claim that includes those costs. However, a Spartanburg personal injury lawyer from our firm will be aggressive in building an evidence-based claim that likely includes losses you did not think about having.

Can I Get Punitive Damages if the Driver Was Convicted of DUI?

You may be able to seek punitive damages regardless of whether the driver is convicted – but a conviction could help your claim.

Punitive damages are rare. The court may award this type of monetary punishment against the driver in cases of DUI, especially if the driver is a repeat offender or there are intentional actions involved.

Do You Have a Drunk Driving Accident Attorney Near Me?

HawkLaw, P.A. proudly represents clients across Spartanburg from our office located at 5506 Reidville Rd in Moore, SC 29369. Positioned just southwest of downtown Spartanburg, the office is easily reachable from both residential neighborhoods and major employers like the BMW Manufacturing Plant. We’re just minutes from Tyger River Park, and clients can reach us via I-26 W by taking the SC-296 W exit toward Reidville. Free parking is available at the office for your convenience.

Call Our Spartanburg DUI Accident Lawyers Today

Our Spartanburg drunk driving accident lawyer at HawkLaw P.A. has the experience and resources you need to hold those who caused your injuries accountable. Contact us for immediate help. HawkLaw P.A. has additional offices in Charleston, Columbia, Greenville, and Anderson. The Anderson office is by appointment only; most clients are served out of the Greenville office location.