You can sue the bar or restaurant that served the drunk driver if they negligently served the person, and giving the person alcohol was negligent if it was obvious that the person was already intoxicated.

When a server sets another drink in front of a patron who is already drunk, knowing it’s likely that the patron is going to stumble out of the bar and get into a vehicle, that server is responsible for the drunk driving victim’s death or injuries.

You can sue the bar if you can prove that the server acted negligently, as well as the drunk driver and any other third parties who contributed to the crash through their negligence.

The Boles Law Firm focuses on helping motorcycle crash victims, DUI crash victims, police misconduct victims, and people who are accused of crimes. We also handle other types of personal injury claims and auto accidents.

Dan Boles is not only a personal injury attorney who handles DUI collisions and motorcycle crashes; he is a third-generation motorcycle rider who understands all too well the danger posed by reckless drivers – especially when the other driver is drunk behind the wheel.

There is a procedure whereby a criminal court can order a defendant to pay restitution, but you will not get full and fair compensation that way if you have been injured by a drunk driver or if your family member was killed by a drunk driver.

Separately from the drunk driver’s criminal case, your DUI crash attorney will investigate your claim, get the insurance companies involved, gather the evidence you will need to prove your case in civil court, and try your case to a civil jury if the insurance companies do not pay the full and fair amount of your claim taking into consideration the likelihood of punitive damages if the case were to go to a jury trial.

You can recover compensation for injuries that are quantifiable with invoices or doctor bills, for injuries that are not quantifiable like pain and suffering, and punitive damages that aren’t compensation at all, but that are intended to punish the defendant and deter future bad conduct:

• Medical expenses – both current and future expenses, including hospital bills, doctor bills, emergency transport, medications, medical equipment, physical rehab, and all medical costs that were a result of the accident,
• Lost wages – lost income due to the injuries and loss of future income when there is a lost earning capacity due to disability caused by the crash,
• Property damage – to the motorcycle or any other property that was damaged,
• Future care – including the costs of long-term care when needed,
• Disfigurement and scarring,
• Funeral expenses when there is a wrongful death,
• Pain and suffering,
• Emotional distress,
• Loss of society and companionship,
• Loss of consortium, and
• Punitive damages when the at-fault driver’s conduct was willful, wanton, or reckless – and there is no cap on punitive damages in SC when the at-fault driver was intoxicated at the time of the crash.

A jury can award punitive damages in SC when they find that the defendant’s conduct was wanton, willful, or reckless. In most cases, jurors are likely to find that a person who chose to drink alcohol or use drugs and then get behind the wheel of their car and drive was engaging in wanton, willful, and reckless conduct.

In most types of lawsuits, punitive damages are capped by law. But not when you are hit by a drunk driver. When the defendant was convicted of a felony related to the collision (felony DUI or DUI fourth offense, for example) or if they were drunk at the time of the crash, there is no cap on punitive damages in SC.

Drunk driving crashes often tragically become wrongful death lawsuits against the drunk driver and dram shop actions against the bars that negligently served the drunk driver.

If a drunk driver killed your loved one, the personal representative of the estate must contact a personal injury attorney who can handle the claim against the drunk driver and bars as part of settling the estate’s claims.

Dan Boles has the experience you will need to handle the wrongful death claim after a drunk driving death, including automobile crashes and motorcycle wrecks.