A new study finds that South Carolina ranks first among U.S. states for drunk driving fatalities. The statistics are based on what percentage of traffic deaths are attributable to drunk driving. In South Carolina, drunk drivers are responsible for 43% of traffic fatalities; the national average is 32%.
Bobby Jones Law discusses fatal car accidents caused by DUI in South Carolina.
How Many DUI Fatalities in South Carolina?
SCDPS estimates that there were 474 DUI-related fatalities in South Carolina in 2022.
An alcohol-impaired driving fatality is a death from a motor vehicle accident with one or more drivers having a bodily alcohol content of .08 or greater.
How Alcohol Impairs Driving and Increases the Risk of Fatal Accidents
Alcohol changes brain and body function. As a person drinks alcohol, it enters the bloodstream and is distributed to the brain and other vital organs.
There are several ways alcohol can impair driving.
- Slower thought processes, reasoning, and judgment affected
- Poor coordination
- Inability to concentrate
- Distance and peripheral vision impaired
- Bad reflexes and manual operation of pedals and steering wheel
- Loss of consciousness, memory
- Breathing and heart rate impairment
When a person is intoxicated, they can’t multitask well. A driver may stay in their lane, but they won’t maintain a consistent speed, for example. A person may focus on their speed but fail to keep an adequate following distance or notice an obstruction. The driver may have delayed reactions as well.
South Carolina DUI Laws and Penalties for Drunk Drivers
South Carolina DUI laws prohibit the following:
- Driving with a bodily alcohol content of .08 or higher OR
- Driving under the influence of alcohol when your ability to drive is materially impaired
A person can cause a fatal DUI accident even if their bodily alcohol content is under .08 if they are impaired by alcohol. Above the legal limit of .08, a person is automatically DUI, even if there is no proof that the alcohol affected them.
Penalties for fatal drunk driving accidents in South Carolina
When a fatal drunk driving accident occurs, the offender can be charged with felony driving under the influence. There is a one-year jail minimum, with a maximum period of incarceration of 25 years, plus a fine of $10,100 to $25,100, assessments, and surcharges.
In addition to criminal penalties, there may be civil liability for a fatal car accident caused by DUI in South Carolina.
Criminal vs. Civil Cases in DUI-Related Fatalities
A criminal DUI-fatality charge is brought by the prosecutor or solicitor. There are several purposes for criminal charges, including accountability to society, punishment, and rehabilitation.
The surviving family plays a limited role in a DUI fatality criminal case. They don’t decide whether to authorize charges or extend a plea offer, and restitution is limited.
Family members may speak at sentencing.
However, the surviving family may bring a civil case. The case focuses on the loss to the family, and the offender may be ordered to pay compensation. The personal representative bringing the claim makes major decisions like whether to accept a settlement offer. An attorney may represent the family.
Who Can Be Held Liable in a Fatal DUI Accident?
- The driver: Drivers are responsible for their actions. They may be personally liable for causing a DUI accident.
- Restaurants, bars, and other establishments: These entities can be responsible for serving a visibly intoxicated person.
- Employer: In some circumstances, if the person was driving for work, employers may be held accountable.
- Vehicle owner: Owners allowing an intoxicated person to use their car may be liable.
- Vehicle manufacturer: If a vehicle defect or malfunction contributes to the accident, the manufacturer may be held responsible.
Investigating who can be held liable for a DUI accident is an important step, as liability can determine sources of compensation. Bobby Jones Law investigates parties who may be liable and ways to collect compensation.
Wrongful Death Claims for Families of DUI Victims
Families of DUI victims may pursue compensation through wrongful death claims. These are claims brought by surviving family members when a wrongful act results in fatality.
Drunk driving fatality claims can be particularly painful because DUI deaths are preventable. A wrongful death claim pursues justice and a monetary award. The claim focuses on direct financial losses, plus the mental and emotional anguish of losing a loved one. Funds collected are distributed to surviving family members.
How To Gather Evidence To Prove DUI in a Car Accident Case
A wrongful death DUI case requires evidence. The process of gathering evidence may start with the law enforcement investigation. If law enforcement officers conducted a chemical alcohol test, witnesses may be called and documents gathered to put the test results into evidence. Witness testimony, video, and accident reconstruction can help explain the events.
Evidence generally consists of witnesses, videos and photographs, test results, and documentation. Experts may be needed to explain test results and other technical or scientific information. Your attorney should begin gathering the evidence as soon as possible.
Seeking Maximum Compensation After a Fatal DUI Crash
Seeking maximum compensation for a fatal DUI crash involves:
- Working quickly to preserve evidence
- Exploring all types of damages, including economic and non-economic
- Seeking punitive damages, if appropriate
- Gathering evidence to prove liability and the right to compensation
- Preparing for expert witnesses, chemical testing, and reconstruction
- Following the procedural steps to bring and pursue a claim
- Naming the right parties and finding sources of compensation
- Responding to defenses
- Determining whether to accept a settlement or proceed to trial
- Structuring compensation in a purposeful and advantageous manner
There are many steps to make sure that survivors receive the maximum compensation for a fatal car accident caused by DUI in South Carolina. You can have attorney representation.
Contact an Experienced Greenville Car Accident Lawyer
Have you lost a loved one because of a fatal accident caused by DUI? We’re sorry. You can bring a claim and have legal representation.
Contact an experienced Greenville car accident lawyer. At Bobby Jones Law, we represent families who have lost loved ones. Contact us to talk to a lawyer and get help now.
