Drunk driving has tragic consequences because alcohol affects a driver’s reaction time and sense of judgment. It is the cause of thousands of deaths every year. Despite it being common knowledge that drunk driving is dangerous, countless people continue to do it every day. Drunk driving is a serious crime, and victims can also take perpetrators to civil court to sue them for damages. For those who survive drunk driving crashes, there can be lifelong effects, including but not limited to brain damage, paralysis, or spine injuries.
If you have suffered losses due drunk driving car accidents in Mount Pleasant, there are legal remedies available for you to pursue. Although it can be difficult to deal the repercussions of an unexpected crash, it is important to act quickly. Our team of experienced car crash attorneys are here to help you.
It is important to know the applicable laws and penalties for drunk driving, which exist to deter motorists from consuming alcohol and getting behind the wheel. Across the country, it is against the law to drive with a BAC of .08 g/dL or higher. Properly conducted police checkpoints are legal and used to help officers catch drunk drivers. At local checkpoints, police are able to stop drivers and check for valid driver’s licenses, vehicle registration, proof of insurance, and other equipment violations in addition to inspecting for impaired drivers.
South Carolina has an administrative license revocation (ALR) statute where a person’s driver’s license will be automatically suspended if they refuse to consent to BAC testing or have a BAC reading of 0.15 percent or higher (0.02 percent for drivers under 21). The state also has a “legal per se” statute which makes it illegal to operate a motor vehicle with a BAC of 0.08 percent or higher. Further, the state also has a zero tolerance law which makes it unlawful for anyone under the age of 21 to operate a motor vehicle with any measurable amount of alcohol in them. Legally, people under the age of 21 may not purchase, possess, or consume alcoholic beverages.
Our team of attorneys in Mount Pleasant are familiar with local drunk driving laws and can inform you about how they will affect the outcome of your car accident lawsuit.
Driving while intoxicated constitutes negligence per se, which means that not all of the factors of negligence have to be present. The four elements of negligence a person must prove are duty, breach, causation, and harm. Under the negligence per se standard, only causation and harm must be present. If an individual is guilty of driving while intoxicated, the negligence per se standard is met. When you have experienced a car accident due to someone else’s drunk driving, you need a lawyer by your side who knows the importance of proving liability.
The state follows a modified comparative fault model. That means an injured person’s own negligence affects the possible amount of damages their lawsuit can win. They are not entitled to compensation if they are more than 51% at fault for the incident. Without legal representation, a person can lose their chance to recover compensation because the defendant may succeed in establishing they were more than 51% at fault for the accident. It is wise to consult with a lawyer who specializes in drunk driving lawsuits in Mount Pleasant about how the fault model would affect a case.
If you were harmed in a car crash caused by an intoxicated motorist, you may be able to seek compensation through legal means. There is no reason to handle a case on your own. Confronting insurance companies, collecting evidence, and keeping track of influential factors can feel overwhelming. Our attorneys have the local knowledge and years of experience to succeed. Hire our firm to handle drunk driving car accidents in Mount Pleasant. Call now to learn more about your legal options.
Geel and Gentry
N/a
