Drunk driving accidents occur throughout the year in South Carolina. There is often times an increase in DUI arrests around certain holidays and those same holidays bring with them an increase in drunk driving accidents. Being involved in a drunk driving accident can often times result in serious and life changing injuries. In many DUI cases drunk drunk driving accidents result in death of the victims.

Contact Greenville DUI Accident Lawyer Ryan Montgomery to discuss your case if you, or a loved one, have been injured in a drunk driving or drugged driving accident. Mr. Montgomery serves the injured throughout Anderson County, Greenville County and Spartanburg County, South Carolina.

Drunk drivers pose a serious risk to everyone on our roadways. Driving while intoxicated or impaired claims the lives of hundreds of South Carolina motorists every year and leaves thousands facing serious injuries. These are needless accidents and injuries that could have been prevented.

A skilled and experienced personal injury attorney can help you hold the drunk driver who injured you responsible for your injuries. Building an effective case against a drunk driver is similar to building one against any other driver who causes an accident.

Several factors do differentiate a drunk driving accident case, including:

  • The possibility of recovering punitive damages
  • The possibility of pursuing a dram shop claim against a bar or restaurant that may have served alcohol to the drunk driver who injured you
  • A criminal conviction can lead to the removal of the question of liability from the dispute.
  • The possibility of pursuing a claim against an adult or social host who knowingly served alcohol to a minor

Establishing Fault In DUI Accidents

When a car or truck accident involves a drunk driver, it is common – and very understandable – to automatically blame that driver, regardless of details. Sentiment against drunk drivers is strong, and it is easy to assume that inebriation was the cause of the accident. This may be the case. However, the answer to “Who is responsible in a DUI accident?” is not always as straightforward as you might expect it to be.

Also Worth Asking: “Where did the alcohol come from?”

There may be other liable parties in a DUI accident. An experienced and knowledgeable personal injury lawyer will explore all potential sources of compensation for an injured client. In the case of a drunk driving accident, this often means investigating how that person came to be drunk and behind the wheel of a car or truck.

There may be cause to file an injury claim or lawsuit against a bar or restaurant that served liquor to an obviously drunk patron, without regard for the likelihood that he or she would then leave the restaurant under the influence of alcohol. In some cases, there may be a similar cause of action against a social host such as a homeowner who served beer or mixed drinks to guests at a party. When a drunk driver is a minor, there may be criminal as well as civil penalties for a social host who provided alcohol to the teenager.

Another potential source of compensation after a collision with a vehicle operated by a drunk driver is your own insurance policy. If he or she did not have insurance, or adequate insurance, your own insurance company’s uninsured/underinsured motorist coverage may apply.

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    Comparative Negligence And Drunk Driving Accidents

    Keep in mind that in the case of a drunk driving accident, as with any motor vehicle accident, South Carolina is a comparative fault state. A drunk driver may bear some liability but not all. His or her social host or a commercial establishment that provided the alcohol may bear liability, too. Finally, the driver of the other car may have shared some fault – if he or she committed a traffic violation, for example.

    Even if you were the one cited with a DUI after a car accident, you may be able to collect compensation from a negligent party (such as another driver who ran a stop sign) to cover costs of your injuries. Explore your legal options after a DUI accident, regardless of your role in the accident or who you think caused the accident.

    After a drunk driving accident, a critical question is: Where did the inebriated driver obtain his or her liquor? A DUI citation is an indication that drunk driving may have contributed to the accident. This factor may be relevant in determining negligence and liability. Accident reconstruction should seek to discover all pertinent facts, including whether a driver was impaired. If a bar or restaurant continued to serve a customer alcoholic beverages despite the fact that the person appeared intoxicated, that establishment may be held accountable. Therefore, a detailed investigation of the cause of a crash should include a review of the drunk driver’s comings and goings before the accident.

    South Carolina Dram Shop Laws

    South Carolina’s alcohol beverage control act clarifies that a “person or establishment licensed to sell alcoholic liquors or liquor by the drink … may not sell these beverages to persons in an intoxicated condition.” A dram shop lawsuit targets a liable bar or restaurant, seeking compensation for injuries or fatalities resulting from serving beer, wine or whiskey to an obviously drunk customer who subsequently caused a motor vehicle accident.

    To determine whether a drunk driver who caused you injury or caused death to your family member was intoxicated, investigators from Ryan Montgomery, Attorney at Law, LLC, may review video footage or interview witnesses. We aim to explore all aspects of an accident while memories are fresh and before videotaped evidence is taped over. This is just one example of the detailed, thorough and comprehensive approach that we take as we advocate on behalf of our injured clients.

    Let A Personal Injury Lawyer Help You

    A well-litigated dram shop lawsuit may help deter future drunk driving accidents. This is one example of a way in which this lawsuit makes a difference. Many clients of Ryan Montgomery, Attorney at Law, LLC, understand the value of an attorney’s strong professional reputation and a law firm’s ethic of service to the community. Consider the following reasons to consider entrusting your injury case to attorney Ryan Montgomery:

    • He was certified as a member of the Million Dollar Advocates Forum in November 2012.
    • He has been recognized among Greenville’s Legal Elite for 2012 by Greenville Business Magazine.
    • He has caught the attention of the media, such as when he was interviewed on the local TV show Your Carolina with Jack & Kimberly with regard to accidents occurring in the course of employment.
    • He offers free simple wills, health care powers of attorney, and powers of attorney for teachers, school employees, police officers, firemen and first responders.

    Spartanburg Auto Accident Lawyer Ryan Montgomery, Attorney at Law, LLC, offers comprehensive representation to his clients who have been injured by drunk drivers. He understands that his clients have serious medical and financial needs after a serious accident. Ryan Montgomery builds exceptionally strong cases that offer his clients real hope when they are facing what may be the most challenging part of their lives. His success for past clients has led to his being named to the Million Dollar Advocates Forum. Let Mr. Montgomery use that level of skill and dedication to helping you obtain the compensation you need and deserve.

    Contact An Anderson Injury Lawyer

    If you have been involved in a drunk driving accident in Anderson County, Spartanburg County or Greenville County, you need to take steps to ensure you are compensated for your injuries.

    Ryan Montgomery offers skilled and experienced representation to those who were hurt in a drunk driving accident in the Anderson, Greenville and Spartanburg, South Carolina areas. To schedule a free initial consultation, call (864) 406-3776.

    Schedule a Free Review

      Greenville - (864) 373-7333