Our DUI accident lawyers in Greenville know that drunk driving crashes are not like typical collisions. South Carolina law allows you to seek compensation not only from the driver but also from bars, restaurants, or hosts who served them before they got behind the wheel. Knowing your rights early can make a big difference in your recovery.
This guide explains the steps to take after a drunk driving crash in Greenville, how liability works under state law, the types of compensation you may be able to recover, and how an experienced Greenville car accident lawyer can help you move forward with confidence.
Auger & Auger has recovered over $100 million for our clients, so schedule a free consultation today to find out how we can help you.
How Drunk Driving Accidents Are Different
Crashes caused by impaired drivers aren’t like other car accidents. In addition to the driver who caused the collision, other parties may also share responsibility for your injuries.
South Carolina law allows victims to seek compensation from anyone whose actions contributed to the accident—including bars or restaurants that continued to serve an obviously intoxicated customer.
This is known as “dram shop” liability. Your Greenville personal injury lawyer will know how to investigate whether an establishment, event host, or other party may be held accountable alongside the drunk driver.
South Carolina’s Legal Limits and Penalties for Drunk Driving
Under South Carolina law, it’s illegal for a driver over 21 to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Commercial drivers face stricter rules, with a limit of 0.04%, and anyone under 21 is held to a zero-tolerance standard.
When a driver exceeds these limits and causes an accident, they may be charged criminally, and you have the right to pursue civil damages for your losses.
Can You Recover Compensation Beyond the Drunk Driver’s Insurance?
Absolutely. If the at-fault driver’s insurance policy doesn’t cover all your damages, you may file a lawsuit against them directly.
When insurance is limited or unavailable, your attorney will also review whether South Carolina’s dram shop laws apply—potentially allowing you to recover compensation from a bar, restaurant, or host who negligently served the impaired driver.
Even if the drunk driver has few assets, additional avenues like your own uninsured or underinsured motorist coverage may help bridge the gap and ensure you’re not left with out-of-pocket costs.
Dram Shop and Social Host Responsibility in Greenville
Bars, restaurants, and even private hosts in South Carolina can face legal action if they serve alcohol to someone who is clearly intoxicated or to a minor who then goes on to cause a crash. Establishments that ignore obvious warning signs or overserve patrons may be held financially responsible for the harm those individuals cause on the road.
Proving this liability often involves gathering witness statements, reviewing receipts, examining surveillance footage, and tracking the driver’s actions before the accident.
How South Carolina’s Comparative Fault Law Affects Your Claim
South Carolina follows what’s known as a modified comparative negligence system when determining who can recover damages after a car accident—including those involving drunk drivers.
Under this rule, you are eligible to receive compensation for your injuries and losses as long as you are found to be less than 51% at fault for the crash. However, the amount you recover will be reduced by whatever percentage of responsibility is assigned to you.
Here’s How It Works
Imagine you’re involved in a Greenville accident where another driver was arrested for DUI. The police report shows that the other driver ran a red light and was clearly intoxicated. However, the insurance company argues that you contributed to the severity of your injuries because you weren’t wearing your seatbelt at the time of the collision.
The court or insurance adjuster ultimately determines that the drunk driver was 85% at fault, but assigns 15% of the blame to you for not buckling up.
What Does This Mean for Your Recovery?
If your total damages (medical bills, lost wages, pain and suffering, etc.) amount to $100,000, your compensation would be reduced by 15%—so you’d receive $85,000 instead of the full amount. As long as you remain under the 51% fault threshold, you’re still entitled to recover damages, just at a reduced rate.
Why Does This Matter in Drunk Driving Cases?
While the law recognizes that drunk driving is especially reckless, insurance companies may look for any opportunity to shift some blame your way—no matter how minor. They might claim you were speeding, distracted, or failed to yield, hoping to minimize what they have to pay out.
Even small errors can impact your final settlement.
How Does an Attorney Help?
A knowledgeable Greenville DUI accident lawyer’s job is to push back against these tactics and gather strong evidence to prove that the drunk driver’s choices—getting behind the wheel impaired, running a red light, swerving, or causing a high-speed crash—were the main reason for your injuries.
Your attorney will collect witness statements, analyze traffic camera footage, bring in accident reconstruction experts, and present your case in the strongest possible light, working to minimize any percentage of blame assigned to you.
Bottom Line
Modified comparative fault can affect your financial recovery after a crash, but the law is designed to hold the most reckless party—like a drunk driver—primarily responsible. Having the right legal team on your side ensures your share of fault is kept as low as possible, and you receive the maximum compensation you deserve.
What to Do After a Drunk Driving Crash in Greenville
If you’re involved in a collision with a drunk driver in Greenville, your first concern should always be your safety. Seek prompt medical attention, even if your injuries seem minor.
Try to document the accident scene with photos, collect witness information, and obtain a copy of the police report. Once you’re safe, reach out to a personal injury attorney experienced in Greenville drunk driving cases.
The right legal team will help you pursue a claim, handle communication with insurance companies, and make sure you don’t face this difficult process alone.
Damages You Can Recover After a Greenville Drunk Driving Accident
Victims of drunk driving accidents often suffer a wide range of losses. You may be eligible for:
- Medical expenses: Coverage for ER visits, hospital stays, surgery, medications, follow-up care, physical therapy, and future treatment needs.
- Lost income and earning capacity: Payment for time away from work, as well as reduced ability to earn if your injuries are long-lasting.
- Pain and suffering: Compensation for physical pain, emotional distress, trauma, anxiety, depression, and loss of enjoyment of life.
- Property damage: Costs to repair or replace your vehicle and any personal belongings affected in the crash.
- Home or transportation modifications: If your injuries require changes to your living environment or special vehicles, those costs can be claimed.
- Punitive damages: In cases of extreme recklessness—such as driving drunk—a court may award additional money as punishment and to discourage similar behavior in the future.
What if the Drunk Driver Has Little or No Insurance?
When the at-fault driver is uninsured or underinsured, your own insurance policy may provide coverage through uninsured/underinsured motorist (UM/UIM) benefits. These coverages are required to be offered in South Carolina and can help pay for your medical bills, lost wages, and other losses if the drunk driver cannot.
Your lawyer will review all available insurance and identify every possible source of compensation, including claims against third parties under dram shop or social host liability.
How Long Do You Have to Take Legal Action?
South Carolina generally allows three years from the date of the accident to file a personal injury lawsuit, though wrongful death cases must be filed within two years. The sooner you begin working with a lawyer, the easier it is to gather evidence, interview witnesses, and build a strong case before deadlines approach.
Why Choose Auger & Auger for Your Greenville DUI Accident Attorney?
For more than 30 years, Auger & Auger has stood with victims of drunk driving across South Carolina, guiding families through every step of the legal process.
Our team understands the emotional, physical, and financial toll these accidents take, and we are relentless in holding drunk drivers and negligent establishments accountable. With our Zero Fee Guarantee, you won’t pay anything unless we secure compensation for you.
We’re committed to making the process as stress-free as possible so you can focus on your recovery.
