Story by Joel Berly
November 11, 2025
When you’re a victim of a DUI accident in South Carolina, understanding your rights is crucial. Here’s what you need to know:
Acting quickly is essential – document evidence, seek medical care, and consider legal representation to strengthen your case. DUI cases are complex, but understanding your rights and options helps you secure justice and compensation.
In South Carolina, DUI accident victims are afforded specific rights in both criminal and civil cases. These rights aim to ensure victims are treated fairly, kept informed, and can seek compensation for their losses.
Under South Carolina law, the South Carolina Victims’ Bill of Rights provides protections to those impacted by DUI accidents. These include being treated with fairness, dignity, and respect, while also being shielded from intimidation, harassment, and retaliation. Victims are notified about key developments such as plea deals, sentencing, and parole hearings. Additionally, they can deliver impact statements during sentencing. Another important right is the ability to receive restitution from the offender, though these payments typically cover only specific expenses directly linked to the crime. While these criminal protections are vital, they often serve as a foundation for seeking more comprehensive recovery through civil lawsuits.
Civil cases, on the other hand, focus on securing compensation rather than imposing punishment. Victims can seek damages for both economic losses (like medical expenses and lost wages) and non-economic losses (such as pain and suffering). Unlike criminal cases, the burden of proof in civil lawsuits is lower, requiring only a "preponderance of the evidence" instead of "beyond a reasonable doubt". Victims may also pursue claims against multiple parties, such as a bar or restaurant that overserved the driver, under South Carolina’s dram shop laws.
Here’s a quick comparison of rights in criminal versus civil cases:
| Criminal Rights | Civil Rights |
|---|---|
| Fair treatment and protection from intimidation | Right to seek full compensation |
| Notification of proceedings and outcomes | No cap on punitive damages in DUI cases |
| Opportunity to provide victim impact statements | Lower burden of proof |
| Court-ordered restitution (often limited) | Ability to hold multiple parties accountable (e.g., dram shop claims) |
Recent Legislative Changes:
A new law (H.3430), effective January 1, 2026, will bring clarity to fault and joint liability in cases involving multiple defendants. This legislation also addresses insurance limits and joint liability, which could help victims secure full compensation even when responsibility is shared among several parties.
Since criminal and civil cases operate independently, victims can engage in both processes simultaneously. While prosecutors handle the criminal case, victims can work with skilled legal counsel to pursue a civil lawsuit, ensuring they seek both justice and the compensation they deserve.
Understanding your rights is just the first step after a DUI accident. Knowing the types of compensation available can help you address both the immediate and long-term effects of such an incident. In South Carolina, DUI accident victims can seek three main types of compensation, each addressing different aspects of the harm caused – from financial losses to emotional and punitive considerations.
Economic damages cover the financial losses you can clearly document. These damages are straightforward to calculate since they involve tangible costs.
Medical expenses often make up the largest portion of these damages. This includes everything from emergency care and surgeries to ongoing treatments like physical therapy. If your injuries require long-term care or rehabilitation, future medical costs can also be included.
Lost wages are another key part of economic damages. If your injuries prevent you from working, you can recover the income you’ve lost. In cases where your ability to earn money in the future is impacted, you may also claim compensation for the diminished earning capacity.
Property damage is also covered, whether it’s the cost to repair your vehicle or, if it’s totaled, the fair market value of the car.
To strengthen your economic damage claim, keep detailed records. This includes medical bills, pay stubs, tax returns, and repair estimates. In some cases, expert testimony may be needed to estimate future costs or earning potential.
Non-economic damages are meant to compensate for the intangible losses you’ve suffered – things that don’t have a direct price tag but still deeply affect your life.
These damages cover pain and suffering, emotional distress (such as anxiety, depression, or post-traumatic stress), loss of enjoyment in life, and diminished companionship or relationships.
The severity of your injuries and how long it takes to recover are key factors in determining the amount of non-economic damages you may receive.
Punitive damages go beyond compensation – they’re designed to punish the responsible party for reckless behavior and discourage others from acting similarly. In South Carolina, DUI cases have no cap on punitive damages, allowing juries to award amounts they find appropriate based on the case.
Factors like the driver’s blood alcohol concentration (BAC), prior DUI offenses, and the severity of injuries play a significant role in determining these damages. For example, punitive damages are often awarded in cases where the driver’s BAC exceeds 0.15%.
To secure punitive damages, you’ll need to present clear and convincing evidence of the driver’s gross negligence or recklessness. This could include BAC results, police reports, and witness statements.
"Our Charleston-based legal team is ready to fight for the compensation you deserve."
– Berly Rouse Attorneys
These types of damages – economic, non-economic, and punitive – work together to ensure victims receive the relief they need. With over 313 South Carolinians losing their lives in alcohol-related crashes in 2017 alone, the state’s approach to compensation highlights the seriousness of drunk driving.
Having an experienced attorney by your side is critical. Legal professionals can guide you through the claims process, negotiate with insurance companies, and present compelling evidence to maximize your compensation. Their expertise can make all the difference in achieving a fair outcome.
If you’re involved in a DUI accident in South Carolina, filing a claim requires careful attention to detail and timely action. Below, you’ll find the key steps, evidence requirements, and deadlines that are crucial for building a strong case.
Your first priority after a DUI accident should always be your safety and health. Seek immediate medical attention, even if your injuries seem minor. Not only does this ensure your well-being, but it also creates an official medical record that can support your claim later on.
Next, contact law enforcement to report the accident. A police report is a critical document – it captures details about the scene, any signs of impairment like slurred speech or the smell of alcohol, and the officer’s observations.
While still at the scene, gather as much evidence as possible. Take photos of the vehicles, any visible injuries, and the accident site, including skid marks or debris. If there are witnesses, collect their contact information, as their testimony could be valuable later.
Notify your insurance company promptly. Most policies require you to report accidents quickly, but when you do, stick to the basic facts. Avoid admitting fault or speculating about what caused the crash.
Lastly, gather all relevant documentation, such as police reports and medical records. These will be essential when pursuing your claim.
Strong evidence is the backbone of any DUI accident claim. In South Carolina, blood alcohol concentration (BAC) test results are a cornerstone of proving impairment. Whether through breath, blood, or urine tests, a positive BAC result can demonstrate the driver’s negligence under the state’s negligence per se law, which automatically establishes a breach of duty of care in DUI cases.
Police reports are another key piece of evidence. These reports detail the officer’s observations, any field sobriety tests conducted, and any citations issued. They also include information about the weather, road conditions, and statements from those involved.
Witness statements can further strengthen your case, especially if they confirm your version of events or describe erratic behavior by the other driver leading up to the accident.
Medical records are essential for proving the extent and cause of your injuries. Documentation like diagnostic tests and treatment plans not only demonstrate the severity of your injuries but also link them directly to the accident.
Finally, photos and other physical evidence, such as vehicle damage and property estimates, are invaluable for reconstructing the accident. These details can help substantiate your claim for damages, both economic and non-economic.
South Carolina law gives DUI accident victims three years from the date of the accident to file a personal injury claim. This deadline is strict – failing to file within this period can result in losing your right to seek compensation. It’s important to note that the clock starts ticking on the day of the accident, regardless of when you discover the full extent of your injuries or when any related criminal proceedings conclude.
There are very few exceptions to this rule, and these typically require legal intervention.
Another challenge in DUI claims is the limitation of insurance coverage. In South Carolina, the minimum required bodily injury liability coverage is $25,000 per person, which often falls short in cases involving severe injuries. This makes it essential to explore all potential sources of compensation, including punitive damages. South Carolina does not cap punitive damages in DUI cases, providing an additional avenue for recovery.
Acting quickly to file your claim sets the stage for negotiating with insurers and preparing for litigation if necessary. DUI cases often involve both civil and criminal elements, so seeking professional legal guidance can be crucial in protecting your rights and maximizing your compensation.
Navigating DUI accident claims in South Carolina can be daunting, with complex legal procedures, aggressive insurance tactics, and strict deadlines. This is where having skilled legal counsel becomes invaluable.
One major advantage of hiring an attorney is their ability to thoroughly gather and preserve evidence. While you might collect basic details at the accident scene, attorneys go much deeper. They conduct detailed investigations, often uncovering key evidence like prior DUI convictions, which can strengthen claims for punitive damages.
Attorneys also handle all communication with insurers, ensuring that nothing you say can be used to weaken your claim. Their understanding of South Carolina’s nuanced laws – such as negligence per se and recent legislative updates – provides clarity and strategic direction.
Moreover, they build strong cases for punitive damages when warranted and identify additional liable parties, such as bars or restaurants that served alcohol to visibly intoxicated drivers. This comprehensive approach is particularly important when the at-fault driver’s insurance coverage falls short of covering your losses.
Having knowledgeable representation ensures your rights are protected and maximizes your chances of a favorable outcome.
Berly Rouse Attorneys combine local expertise with extensive trial experience to offer top-tier legal representation. Based in Charleston, their team is well-versed in the intricacies of local courts, judges, and procedures – factors that can significantly influence case outcomes.
"We bring decades of trial experience and a dedication to securing justice for victims. Whether you’re facing a personal injury, wrongful death, or complex civil case, our Charleston-based legal team is ready to fight for the compensation you deserve." – Berly Rouse Attorneys
Sharon Martin praised Gregory Rouse’s practical guidance, saying, "He was always responsive, approachable, and genuinely committed to achieving the best possible outcome."
What truly sets Berly Rouse Attorneys apart is their trial-ready approach. They are prepared to take cases to court if needed, which often pressures insurance companies to settle fairly rather than risk a jury awarding substantial punitive damages.
Additionally, they work on a contingency basis – meaning no upfront fees – aligning their success with yours. Their local knowledge, including how prosecutors handle DUI cases and the nuances of South Carolina’s insurance and comparative negligence laws, gives them a distinct edge in navigating both the criminal and civil aspects of DUI accident claims.
DUI accidents cause untold harm across South Carolina. In 2017 alone, over 313 lives were lost in alcohol-related crashes. If you’re a victim, understanding your rights is a crucial step toward recovery and ensuring a secure future.
Recent legislative updates have strengthened protections for victims. These changes include increased compensation caps, broader punitive damages, and faster court proceedings. These measures aim to provide victims with greater support and accountability.
Time is of the essence when it comes to filing a claim. South Carolina’s three-year statute of limitations means delaying could jeopardize your ability to seek compensation. Taking immediate steps – such as seeking medical care, filing a police report, notifying your insurer, and preserving evidence – can significantly bolster your case.
Victims have the opportunity to pursue compensation beyond just medical bills. Claims can include economic damages (like lost wages), non-economic damages (such as pain and suffering), and punitive damages. Notably, South Carolina allows unlimited punitive damages in DUI cases, offering the potential for substantial compensation while also discouraging future offenses.
Given the legal complexities surrounding DUI cases, having skilled legal representation is key. Experienced attorneys can use South Carolina’s negligence per se laws – where a DUI conviction automatically establishes a breach of duty – to strengthen your claim. Their expertise can make a significant difference in maximizing your recovery.
From gathering evidence to navigating the legal system, taking decisive action is critical. Document everything, safeguard your evidence, and consult a knowledgeable attorney as soon as possible. For dedicated support and expert guidance, consider reaching out to Berly Rouse Attorneys in Charleston, SC. Taking that first step today could make all the difference in securing justice and the compensation you deserve.
If you’re involved in a DUI accident in South Carolina, knowing what to do next is crucial to safeguarding your rights and building a strong case. Here’s a guide to help you navigate the immediate aftermath:
Acting quickly and carefully after a DUI accident can make a big difference in pursuing compensation and protecting your interests.
The South Carolina Victims’ Bill of Rights ensures that victims of DUI accidents are treated with respect and given a meaningful role throughout the legal process. Victims are entitled to several key protections, including the right to be informed about important updates in the case, the right to attend court hearings, and the right to provide victim impact statements to share how the incident has affected their lives.
These rights aim to keep victims engaged in the legal proceedings while supporting their pursuit of justice and potential compensation. South Carolina law emphasizes the importance of protecting victims’ voices, promoting fairness, and holding offenders accountable in DUI cases.
If you’re a victim of a DUI accident, pursuing both criminal and civil cases can be a crucial step in seeking justice and compensation. A criminal case aims to penalize the driver at fault with fines, jail time, or other legal repercussions. On the other hand, a civil case focuses on securing financial compensation for your medical bills, lost income, and emotional distress.
Taking action on both fronts can strengthen your case and improve your chances of achieving justice. This dual approach not only ensures the responsible party is held accountable but also helps you secure the financial support needed to move forward after the accident.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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