Car Accident Lawyer Mauldin

A car crash can leave you reeling—physically, emotionally, and financially. If you’ve been injured in a car accident in Mauldin, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. At Mann, Blake & Jackson, our team has extensive experience representing injured drivers and passengers across South Carolina. A skilled car accident lawyer from our firm can help you navigate the claims process and hold the at-fault party accountable. Don’t deal with insurance companies on your own. Call us today at 864-777-4262 for a free consultation and learn how we can help you get back on track.

South Carolina’s Drunk Driving Laws And Car Accident Claims

Drunk driving remains a serious problem on South Carolina roads. When someone chooses to drive under the influence and causes a car accident, the consequences can be devastating. Injuries, property damage, and even loss of life may result. If you or a loved one has been injured in an accident involving a drunk driver near Mauldin or elsewhere in South Carolina, understanding the state’s drunk driving laws and how they affect car accident claims is essential.

South Carolina’s DUI Laws Are Strict

South Carolina takes drunk driving seriously. The state defines driving under the influence as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers over 21. For commercial drivers, the limit is 0.04%, and any measurable amount of alcohol is prohibited for drivers under 21.

Law enforcement officers use breathalyzers, field sobriety tests, and blood tests to determine impairment. Penalties for DUI convictions include fines, license suspension, jail time, mandatory education programs, and ignition interlock device requirements.

The state’s strict laws aim to deter drunk driving and improve road safety. However, these criminal penalties do not replace the rights of accident victims to pursue civil claims for their injuries.

How Drunk Driving Affects Car Accident Claims

When a drunk driver causes a car accident, it is generally easier to prove fault in a personal injury claim. Driving under the influence is considered negligence per se, meaning the driver automatically breached a legal duty by being intoxicated.

This presumption simplifies the victim’s burden of proof. They must still show that the intoxication caused the crash and resulted in damages, but the driver’s DUI status is powerful evidence of fault.

If you were injured by a drunk driver in South Carolina, you can file a claim against the driver and their insurance company. The driver’s DUI conviction or BAC results can be used as evidence in your case.

Types of Compensation Available in Drunk Driving Accident Claims

Victims injured by drunk drivers may be entitled to various damages, including:

Medical expenses: Compensation for current and future healthcare costs related to the injury.
Lost wages and earning capacity: Money lost due to time off work or reduced ability to earn income.
Property damage: Reimbursement for repairs or replacement of vehicles and personal belongings.
Pain and suffering: Damages for physical pain, emotional distress, and reduced quality of life.
Punitive damages: In some cases, courts may award punitive damages to punish particularly reckless conduct like drunk driving and deter others.

Calculating fair compensation can be complicated, especially when injuries are severe or have long-term impacts.

South Carolina’s Comparative Negligence Rule

South Carolina follows a modified comparative negligence rule. This means that if the injured party is found partially at fault for the accident, their compensation will be reduced proportionally.

For example, if you were 20% at fault and the drunk driver 80%, your total damages award would be reduced by 20%. However, if you are found 51% or more at fault, you cannot recover damages at all.

This rule underscores the importance of accurately documenting the facts of the accident and establishing the drunk driver’s clear responsibility.

What To Do After an Accident With a Drunk Driver

If you are involved in a crash with a suspected drunk driver, take these steps:

Call 911 and request law enforcement and medical help immediately.
Cooperate with police but avoid admitting fault or making statements that could be used against you.
Obtain the driver’s information and license plate number.
Gather contact info from witnesses if possible.
Take photos of the scene, vehicles, injuries, and any visible impairment of the other driver.
Seek prompt medical attention, even if injuries seem minor at first.
Notify your insurance company about the accident.
Contact an experienced personal injury lawyer who handles drunk driving accident claims.

These actions help protect your rights and build a solid foundation for your claim.

Challenges in Drunk Driving Accident Cases

While a DUI makes proving fault easier, these cases can still be complex. Challenges include:

Insurance companies disputing the extent of your injuries or damages.
Delays or difficulties obtaining police and medical records.
Defendants attempting to shift blame or minimize their impairment.
Calculating long-term impacts of injuries, such as disability or emotional trauma.

Having a skilled attorney on your side can help you overcome these hurdles.

How a Lawyer Can Help

A personal injury attorney in Mauldin can guide you through the legal process, including:

Investigating the accident and collecting evidence of intoxication and negligence.
Working with medical experts to document injuries and prognosis.
Negotiating with insurance companies to secure fair compensation.
Preparing the case for trial if necessary.
Explaining your rights and options throughout the process.

Many lawyers offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you win.

The Importance of Acting Quickly

South Carolina law limits the time to file a personal injury claim to three years from the date of the accident. Missing this deadline usually means losing the right to compensation.

Starting the claims process promptly helps preserve evidence, keeps insurance companies accountable, and increases the chances of a favorable outcome.

Why You Should Call a Car Accident Attorney Without Delay

After a car accident, the steps you take next can significantly affect your ability to recover physically, emotionally, and financially. Insurance companies may offer quick settlements that don’t reflect the true cost of your injuries. That’s why it’s crucial to speak with a car accident attorney who understands how to advocate for your best interests. At Mann, Blake & Jackson, we’ve helped countless clients in Mauldin secure the compensation they deserve after a crash. Our legal team is here to take the pressure off you so you can focus on healing. Call us today at 864-777-4262 for a free consultation.