The average hit by a drunk driver settlement in South Carolina is from $75,000 to $1,500,000.
When you’ve been injured by a drunk driver, the path to compensation can seem overwhelming. The payout amount for your settlement will depend on several factors, and getting to know these will help you manage this difficult time.
Factors That Influence Your Settlement Amount
- Severity of injuries: More serious injuries typically result in higher compensation amounts
- Medical expenses: Both current and projected future costs
- Lost income: Wages lost due to inability to work
- Pain and suffering: Physical pain and emotional trauma
- Property damage: Costs to repair or replace your vehicle
- Punitive damages: Additional compensation meant to punish especially reckless behavior
At Jamie Casino injury attorneys, we’ve secured significant settlements for victims of drunk driving accidents. Our case results demonstrate our commitment to justice for those affected by the negligence of intoxicated drivers.
- $1,124,615 Jury Verdict: Head-On DUI collision resulting in serious injuries
- $1,000,000 Settlement: DUI collision with moderate injuries
Expert Legal Advice if You've Been Hit by a Drunk Driver
To pursue a drunk driver settlement in South Carolina, you must have been injured in the crash and be within the state’s statute of limitations. In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit, as outlined by the South Carolina Judicial Branch.
⚖️ Time is critical in these cases, as evidence can disappear and witnesses’ memories may fade. Our team can provide tailored advice specific to your situation and circumstances.
We offer free consultations to help you understand your legal options and potential compensation. Our experienced attorneys will evaluate your case and guide you through each step of the process.
Hit by a drunk driver? Don’t settle for less. Our experienced Columbia personal injury lawyer fights for the compensation you deserve, including medical costs, lost wages, and punitive damages.
I Got Hit by a Drunk Driver, What Am I Entitled To?
When you’re injured by a drunk driver, you may be entitled to various types of damages to compensate for your losses. These generally fall into two categories: economic and non-economic damages.
Economic damages include:
- Medical bills and expenses
- Lost wages and diminished earning capacity
- Property damage
- Rehabilitation costs
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Many victims of drunk driving accidents require extensive medical treatment. These medical costs should be fully covered in your settlement.
Punitive Damages for a DUI
In drunk driving cases, punitive damages are often awarded in addition to economic and non-economic damages. Unlike compensatory damages that reimburse you for specific losses, punitive damages are designed to punish the drunk driver and deter similar behavior in the future.
South Carolina courts take drunk driving very seriously. The South Carolina Department of Public Safety reports that alcohol-impaired driving remains a leading cause of fatal accidents in the state.
Punitive damages in drunk driving cases can be substantial, sometimes reaching multiple times the amount of compensatory damages. This reflects South Carolina’s strong stance against driving under the influence.
Drunk Driver Settlement Amounts by Type
Settlement amounts vary significantly based on the type of collision, severity of injuries, and other factors. Below is a summary of average settlement ranges for different types of drunk driving accidents in South Carolina.
| Type of Accident | Average Settlement Range | Key Factors |
|---|---|---|
| Head-on Collision | $250,000 – $1,500,000 | Severity of injuries, medical expenses |
| Rear-end Collision | $75,000 – $350,000 | Whiplash, back injuries |
| T-bone Accident | $150,000 – $800,000 | Side impact injuries, vehicle damage |
| Pedestrian Hit | $200,000 – $900,000 | Vulnerability of pedestrian, injury severity |
| Bicycle Collision | $175,000 – $1,200,000 | Catastrophic injuries or fatality |
Rear-ended
The average rear-ended by drunk driver settlement amount in South Carolina is $175,000.
Rear-end collisions often result in significant neck and back injuries, including whiplash. These injuries can lead to long-term pain and disability, affecting your ability to work and enjoy life.
📱 Documentation is essential in these cases. Police reports indicating the driver’s intoxication level, witness statements, and thorough medical records can substantially impact your settlement amount.
Head-on Collision
The average head-on collision settlement amount is $850,000.
Head-on collisions with drunk drivers are among the most devastating accidents on South Carolina roads. These crashes often result in catastrophic injuries including traumatic brain injuries, spinal cord damage, and multiple fractures.
Our firm secured a $1,124,615 jury verdict for a client who suffered serious injuries in a head-on DUI collision. The substantial settlement reflected the severe nature of the injuries and the reckless behavior of the intoxicated driver.
South Carolina takes DUI accidents seriously—so do we. Our skilled Columbia car accident attorney will help you hold the drunk driver accountable and recover what you’re owed.
Hypothetical Scenario: The T-Bone Intersection Collision
🚗 Sarah was driving home from work on a Friday evening, proceeding through a green light at a busy Charleston intersection. Without warning, her sedan was violently struck on the passenger side by a pickup truck that ran a red light. The responding officers determined the truck driver had a blood alcohol content of 0.14, well above South Carolina’s legal limit of 0.08.
Sarah suffered multiple injuries including:
- Three broken ribs
- A fractured pelvis
- Moderate traumatic brain injury
- Lacerations requiring 47 stitches
Her medical bills totaled $145,000, and she missed four months of work as a registered nurse, losing $28,000 in wages. She also required ongoing physical therapy and cognitive rehabilitation. The accident left her with permanent mobility limitations and occasional migraine headaches.
In this hypothetical case, Sarah would likely receive a settlement that includes:
- All medical expenses ($145,000)
- Lost wages ($28,000)
- Future medical treatment (estimated at $75,000)
- Pain and suffering (potentially $200,000-$350,000)
- Possible punitive damages due to the driver’s high BAC (potentially $150,000-$300,000)
The total settlement could range from $600,000 to $900,000, depending on various factors including the skill of her attorney, strength of evidence, and insurance policy limits.
Factors That Influence Settlement Amounts in South Carolina
Several key factors can significantly impact the value of your drunk driving accident settlement in South Carolina. Knowing these elements can help set realistic expectations for your case.
Severity of Injuries
The more severe your injuries, the higher your potential settlement. Catastrophic injuries like traumatic brain injuries, spinal cord damage, or permanent disabilities typically result in larger settlements due to:
- Increased medical expenses
- Greater pain and suffering
- Long-term care needs
- Permanent lifestyle changes
Liability and Evidence
⚖️ South Carolina follows a modified comparative negligence rule, as established by the South Carolina Legislature. Under this system, your compensation may be reduced by your percentage of fault, if any. However, if you’re more than 50% at fault, you cannot recover damages.
Strong evidence of the driver’s intoxication, such as:
- High blood alcohol concentration (BAC) results
- Field sobriety test failures
- Witness testimony of impaired behavior
- Video evidence from police cameras or nearby surveillance
These can strengthen your case and potentially increase your settlement.
Insurance Coverage
The available insurance coverage often limits settlement amounts. Relevant policies include:
- Drunk driver’s liability insurance
- Your own underinsured/uninsured motorist coverage
- Other potential third-party liability (such as establishments that served alcohol)
South Carolina requires minimum liability insurance of $25,000 per person for bodily injury, but many drunk driving settlements exceed these minimums.
Who You Can Sue After Being Hit by a Drunk Driver?
After a drunk driving accident in South Carolina, you may have claims against multiple parties:
- The drunk driver: This is the most obvious party to hold accountable through their auto insurance policy and personal assets.
- Bars or restaurants: Under South Carolina’s dram shop liability principles, establishments that serve alcohol to visibly intoxicated persons or minors may share liability for resulting damages.
- Social hosts: In some cases, individuals who serve alcohol at private gatherings can be held liable, particularly if they served alcohol to minors.
- Third-party owners: If the drunk driver was operating a company vehicle or driving for work purposes, their employer might share liability.
🚓 The South Carolina Law Enforcement Division (SLED) can provide valuable information about the drunk driver’s arrest and blood alcohol content, which can be crucial evidence when pursuing multiple parties.
Minimum SC Insurance Coverage
South Carolina law requires all drivers to maintain minimum liability insurance coverage. According to the South Carolina Department of Insurance, these minimums are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
These minimum requirements often prove insufficient in serious drunk driving accident cases, where damages frequently exceed these limits.
South Carolina also requires insurers to offer uninsured motorist coverage at the same minimum limits. This coverage protects you if the at-fault driver has no insurance.
Additionally, insurers must offer optional underinsured motorist coverage. This coverage is essential if the drunk driver’s policy limits aren’t enough to cover your damages, which is common in serious injury cases.
Should You Accept the First Settlement Offer?
The first settlement offer from an insurance company after a drunk driving accident is almost always lower than what your case is worth. Before accepting any offer, consider:
- Will it cover all your current and future medical needs?
- Does it account for ongoing care costs?
- How will it impact your long-term quality of life?
- Does it include compensation for pain and suffering?
🏛️ At Jamie Casino Injury Attorneys, we recommend consulting with our experienced legal team before accepting any settlement offer. Insurance companies often increase their offers significantly when they know you have knowledgeable legal representation. The University of South Carolina School of Law has resources that explain how insurance companies typically undervalue initial settlement offers.
Steps to Take After Being Hit by a Drunk Driver
Taking the right actions after a drunk driving accident can significantly impact your ability to secure maximum compensation. Follow these essential steps:
- Seek immediate medical attention, even if injuries seem minor
- Report the accident to law enforcement and ensure they document the driver’s intoxication
- Document everything at the scene including photos, videos, and witness information
- Avoid giving statements to insurance companies without legal representation
- Keep detailed records of all medical treatments and expenses
- Contact our experienced team for tailored guidance for your situation
- Follow all medical advice and attend all follow-up appointments
- Track all financial impacts of the accident, including lost wages
- Preserve all evidence including damaged property and medical records
Hypothetical Scenario: The Rural Highway Head-On Collision
Michael, a 34-year-old construction supervisor, was driving his SUV on a rural highway near Greenville when a sedan suddenly swerved across the center line and collided head-on with his vehicle. The driver of the sedan had been drinking at a local bar for several hours before attempting to drive home.
The impact was devastating. Michael sustained:
- A compound fracture to his right femur requiring surgical insertion of a metal rod
- Serious facial lacerations requiring plastic surgery
- A ruptured spleen necessitating emergency surgery
- Multiple disc herniations in his cervical spine
The drunk driver had a basic liability policy with only $50,000 in coverage – far below what Michael needed for his extensive injuries. His medical bills quickly exceeded $275,000, and he was unable to work for eight months, losing approximately $52,000 in wages. Doctors determined he would need additional surgeries and would have permanent partial disability.
In this hypothetical case, Michael’s attorney pursued:
- The drunk driver’s liability policy ($50,000)
- Michael’s own underinsured motorist coverage ($250,000)
- A dram shop claim against the bar that continued serving the visibly intoxicated driver
Through these combined claims, Michael’s hypothetical settlement reached $850,000, which covered his medical expenses, lost income, future medical needs, and compensation for his permanent injuries and diminished quality of life.
Need Legal Help to Pursue a DUI Settlement in the Palmetto State?
If you or a loved one has been injured by a drunk driver in South Carolina, Jamie Casino injury attorneys are here to help. Our experienced team understands the devastating impact these accidents can have on victims and their families.
⚖️ We have a proven track record of securing substantial settlements for drunk driving accident victims, including a $1,124,615 jury verdict and a $1,000,000 settlement in recent DUI collision cases.
Don’t manage this difficult time alone. Call us at 912-499-2765 or contact us online for a free consultation to discuss your specific situation and learn how we can help you pursue the compensation you deserve.
FAQs
How long do I have to file a drunk driving accident claim in South Carolina?
You have three years from the date of the accident to file a personal injury lawsuit in South Carolina. Missing this deadline typically means losing your right to compensation.
What if the drunk driver doesn't have insurance?
If the drunk driver is uninsured, you may still recover damages through your own uninsured motorist coverage or by filing a lawsuit directly against the driver’s personal assets.
Can I receive compensation if I was partially at fault?
Yes, under South Carolina’s modified comparative negligence rule, you can recover damages as long as you were less than 51% responsible for the accident, though your award will be reduced by your percentage of fault.
How much does it cost to hire a drunk driving accident attorney?
Our firm works on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we secure compensation for you, typically taking a percentage of the settlement.
What makes drunk driving accidents different from other car accidents?
Drunk driving accidents often result in higher settlements due to the reckless nature of the behavior, which can justify punitive damages in addition to compensatory damages for your injuries.