Injuries Caused by Drunk Drivers
Every time we get behind the wheel, we risk falling victim to an accident caused by a drunk driver’s recklessness. Some statistical reports suggest that someone is hurt as the result of a DUI-related collision every two minutes. If you or your loved one is involved in a car crash that was caused by a drunk driver, you may be entitled to compensation. For over 40 years, motor vehicle accident attorney Patrick E. Knie has assisted Spartanburg residents and other injured individuals throughout South Carolina with asserting their rights.Holding a Drunk Driver Liable for Damages
Being hurt in a drunk driving accident can be a sudden and devastating experience for anyone involved in the crash. Although the criminal justice system may impose penalties against the drunk driver for his or her behavior, you also have the right to bring a civil claim that seeks compensation for your injuries and damages. In some instances, a victim may also bring a claim against a bar or establishment that served the drunk driver, or a person who provided alcohol to an underage minor.
To establish liability in a DUI accident case, the plaintiff must show that the defendant failed to act according the applicable standard of care imposed by South Carolina law and that the defendant’s failure to act according to that standard of care was the cause of the plaintiff’s injuries and damages. In general, this type of case is called a negligence claim. A person acts negligently when he or she fails to use the same ordinary care and skill that a reasonably prudent person would use in the same or similar circumstances.
In a drunk driving accident, the plaintiff can typically rely on the fact that the defendant was operating a motor vehicle with a blood alcohol level exceeding the legal limit at the time the accident occurred. When the plaintiff asserts that the defendant breached the standard of care based on the defendant’s violation of a statute, it is called negligence per se. Since the defendant violated a statute, the law presumes that the defendant was acting negligently. A reasonably prudent person acting with ordinary care and skill would probably not break the law.
After proving that the defendant violated the standard of care, the plaintiff must show that the breach was the direct cause of his or her injuries. More specifically, the plaintiff must show that he or she would not have been hurt but for the defendant’s negligence. The last step of a negligence claim requires a victim to provide evidence of the monetary and physical damages that he or she has suffered. Common categories of damages that a plaintiff may recover often include medical bills, physical therapy, pain and suffering, lost income, loss of future earning capacity, and property damage.Consult a Spartanburg & Greenville Attorney After a Motor Vehicle Collision
Knowledgeable car crash lawyer Patrick E. Knie is dedicated to helping individuals in the Spartanburg area who have been hurt because of a drunk driver’s dangerous behavior. We also serve accident victims throughout South Carolina, including in Greenville, Cherokee, Union, and Laurens Counties. Call us now at (864) 582-5118 or contact us online to arrange a free appointment to discuss your case.