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.
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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.
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.
To schedule your free consultation with Columbia South Carolina personal injury attorney Ryan Montgomery, call 864-406-3776. You may also contact him by email.
Schedule a Free Review
GreenVille - (864) 373-7333
Columbia - (803) 999-1111