A Drunk Driver Hit Me
No one wants to be injured in a wreck. It is even more frustrating when the at-fault driver was drinking and driving. This is an inexcusable act and one for which the perpetrator must be held accountable.
Everyone either knows drunk driving is a problem or is blind to that fact. In Richland County/Columbia alone, almost two people per month were killed by a drunk driver. In Greenville and Charleston, the numbers are worse.
What to Do After Being Injured by an Intoxicated Driver
First and foremost, get the proper medical attention. We tell all clients the same thing: we cannot treat you. We can, however, handle all legal aspects of the case, from communication with adjusters, to demanding the money owed to you, to preserving crucial evidence related to the car wreck. Make sure you get the proper medical treatment, and let your car insurance provider know about the wreck.
Importance of Hiring an Experienced Attorney
Our firm has experience assisting in DUI cases, as well as cases involving a bar over-serving a patron ("Dram Shop" cases). He understands that quick action is necessary.
Some intoxicated drivers choose to hide their sources of alcohol or their means of transportation. It is important to get to the bottom of how this individual was able to drive (e.g., did someone wrongfully lend their vehicle, also called "negligent entrustment", or did the at-fault-driver drive without a license) and where this person received their alcohol (e.g., did someone supply it at a party, did a bar turn a blind eye to how many shots the drunk driver took). The best way to keep this information from being destroyed is to send a legal spoliation letter. This is one of the many reasons it is important to act quickly. Countless bars "lose" their video footage or "cannot locate" their receipts from past sales. Numerous drivers forget how they obtained permission to drive a vehicle.
Unfortunately for many victims injured by a DUI driver, the victim is focused on healing, not maintaining the integrity of evidence. Fortunately for the plaintiff, this becomes our job and priority as your attorney. Contact us now to take care of this for you so that you can focus on getting back to 100% health.
Why It Is Important to Know the Law
In South Carolina, we have punitive damages, which is just fancy terminology for punishment of the wrongdoer in civil court. In drunk driving cases, the act of drinking and driving is considered reckless. It is this reckless conduct (and the legal theory therein) that permits the victim to not only recover for his or her damages, but also for the actions of the drunk driver. Importantly in South Carolina, this recovery normally extends the amount of insurance coverage available. In our state, a victim can sometimes recover from the property damage coverage of a drunk driver for the punitive damages associated with the act of driving drunk. This is true, even if the at-fault driver is uninsured or underinsured. Give attorney James C. Johnson a call today to get started on your legal recovery process. We look forward to hearing from you.
This article is from Littlejohn Law LLC's legal blog. It is copied with permission from its author, Columbia, South Carolina personal injury attorney Andrew Littlejohn Johnson, Esq.
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