Mount Pleasant, SC Drunk Driving Accident Lawyer
If you were injured in a drunk driving accident in South Carolina, The Arndt Law Firm can help pursue full compensation for your medical bills, lost income, and pain and suffering. Contact a Mount Pleasant, SC drunk driving accident lawyer today for a free consultation.
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Drunk driving accidents shatter lives in an instant. A family driving home on Highway 17, a couple leaving dinner at Shem Creek, a cyclist on Coleman Boulevard, or pedestrians crossing at Mount Pleasant Towne Center may become victims when impaired drivers make the reckless decision to operate vehicles under the influence.
According to SCDPS, impaired drivers remain a leading cause of fatal crashes in South Carolina. These preventable tragedies leave victims with catastrophic injuries, families grieving lost loved ones, and communities demanding accountability.
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Mount Pleasant's vibrant dining and entertainment scene along Shem Creek, the bustling nightlife near the Ravenel Bridge, and popular restaurants throughout the town may create conditions that keep drunk driving a persistent threat. Despite widespread awareness campaigns, strict laws, and the availability of rideshare services, impaired drivers continue to cause devastating accidents on local roads.
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Under South Carolina law, brazen conduct such as intoxicated driving can support punitive (exemplary) damages. However, victims must prove by clear and convincing evidence that the defendant acted willfully, wantonly, or recklessly before a court will award them.
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South Carolina prohibits the sale of alcohol to intoxicated persons (S.C. Code §61-6-2220), and injured victims may sue sellers in appropriate cases.
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The Arndt Law Firm, based in Mount Pleasant, represents victims of drunk driving accidents throughout Charleston County and South Carolina. Attorney Jonathan Arndt brings compassion, legal skill, and aggressive advocacy to these emotionally charged cases.
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An experienced Mount Pleasant, SC drunk driving accident lawyer can help secure justice for victims whose lives have been forever altered by the inexcusable actions of drunk drivers.
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Drunk driving accident claims are about more than financial recovery. They are about accountability, preventing future tragedies, and sending a clear message that impaired driving will not be tolerated in Mount Pleasant. When drunk drivers and the establishments that over-serve them face serious consequences, roads become safer for everyone.
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The Scope of Drunk Driving in Mount Pleasant and Charleston County
Understanding how common and serious drunk driving is helps show why these cases call for intense legal action and real accountability.
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Drunk Driving Statistics
Drunk driving remains one of the leading causes of traffic fatalities nationwide and in South Carolina. According to the National Highway Traffic Safety Administration, alcohol-impaired driving accidents account for nearly one-third of all traffic deaths in the United States. In South Carolina in 2022, there were an estimated 474 alcohol-impaired driving fatalities.
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Charleston County, including Mount Pleasant, experiences its share of these tragic incidents. The area’s busy tourist attractions, thriving restaurant and bar scene, and heavily traveled roads may contribute to a higher risk of impaired driving. Despite increased law enforcement efforts on weekends, holidays, and significant events, many drivers still get behind the wheel after drinking, putting everyone on the road in danger.
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High-Risk Areas and Times in Mount Pleasant
Local law enforcement and traffic safety observers in Mount Pleasant note that high-traffic zones such as the Shem Creek restaurants, the busy Coleman Boulevard corridor, and the shopping and entertainment area around Towne Center can pose an elevated risk of impaired-driver crashes, especially late weekend nights and during peak tourist season.
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Shem Creek Restaurant District: The waterfront restaurants and bars along Shem Creek are popular spots, especially on weekends. Unfortunately, some visitors choose to drive after drinking. When that happens, nearby roads like Coleman Boulevard and Mathis Ferry Road become especially dangerous for other drivers and pedestrians.
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Coleman Boulevard Corridor: Coleman Boulevard is one of Mount Pleasant’s busiest routes, connecting Charleston and Mount Pleasant via the Ravenel Bridge. The steady flow of traffic, day and night, combined with impaired drivers, may lead to collisions at intersections and along this heavily traveled corridor.
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Highway 17: As Mount Pleasant’s main artery, Highway 17 carries everything from commuter traffic to tourists and delivery trucks. With its high speeds and congestion, crashes involving drunk drivers can be devastating. Late-night and early-morning hours tend to see the highest number of alcohol-related accidents.
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Mount Pleasant Towne Centre Area: The shopping and entertainment complex draws visitors who may consume alcohol at restaurants before driving through parking lots and surrounding streets. Pedestrians shopping or walking to their vehicles face risks from impaired drivers.
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Residential Neighborhoods: Drunk driving doesn’t just happen on highways. Residential areas such as Park West, Carolina Park, Dunes West, and I’On have seen impaired drivers speeding through neighborhoods, running stop signs, and endangering pedestrians, cyclists, and parked vehicles.
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Peak Times: Weekend nights, especially between 10 p.m. and 3 a.m., are the most dangerous times for drunk driving in Mount Pleasant. Holiday weekends like Memorial Day, the Fourth of July, Labor Day, and New Year’s Eve also see a spike in impaired driving. During the busy summer tourist season, the risks increase further as more visitors fill the roads.
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BAC Levels and Impairment
In South Carolina, the per se blood alcohol concentration (BAC) limit for drivers aged 21 and over is 0.08%, meaning a BAC at or above that level may support a charge of Driving With an Unlawful Alcohol Concentration (DUAC). However, a driver’s ability to operate a vehicle safely can be affected well before reaching that level.
Scientific and traffic-safety studies show that:
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Even at 0.05 percent BAC, drivers experience slower coordination, reduced steering control, and trouble tracking moving objects.
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By 0.08 percent, reaction times drop noticeably, focus declines, and decision-making becomes impaired.
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At 0.10 percent and above, the effects become extreme: control, judgment, and response times are so diminished that the risk of a serious crash increases dramatically.
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For commercial drivers, the law is stricter, setting the limit at 0.04 percent BAC. Drivers under 21 face a zero-tolerance policy, meaning any measurable amount of alcohol can result in penalties.
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Notably, South Carolina law (S.C. Code §56-5-2930) allows DUI charges and civil liability, even if a driver’s BAC is below 0.08 percent. For instance, a driver with a 0.06 percent BAC who causes a crash by swerving or running a red light can still face both criminal and civil consequences.
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Repeat Offenders
A disturbing percentage of drunk driving accidents involve repeat offenders. Despite prior DUI convictions, license suspensions, and mandated alcohol education, some individuals continue driving while impaired. South Carolina imposes harsher penalties with each repeat offense, but unfortunately, legal measures don’t always stop determined offenders from reoffending.
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When an accident involves a repeat drunk driver, evidence of past DUIs can significantly strengthen a victim’s case for punitive damages. Juries are often more likely to award substantial punitive damages when the driver has a proven pattern of impaired driving and disregard for public safety.
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The Role of Bars and Restaurants
Bars, restaurants, and other alcohol-serving establishments in South Carolina must avoid serving alcohol to someone they know is intoxicated or to a minor. Although the state lacks a standalone dram-shop statute, courts recognize that licensees may be held liable when they serve a visibly intoxicated or underage person and that person subsequently causes injury in a crash.
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Victims of drunk-driving accidents may be able to pursue claims against both the impaired driver and the establishment that overserved them.
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South Carolina Drunk Driving Laws and Criminal Proceedings
In South Carolina, drunk driving cases involve criminal charges against the impaired driver and potential civil claims filed by the victims. Knowing how these systems interact helps victims protect their rights and make informed decisions during an overwhelming time.
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DUI Criminal Charges
South Carolina law (§ 56-5-2930) prohibits driving under the influence of alcohol or drugs. Penalties increase with repeat offenses, higher BAC levels, and serious outcomes:
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First Offense: Up to a $400 fine or 48 hours to 30 days in jail, plus a six-month license suspension is typical.
Second Offense: For example, a fine of about $2,100 to $5,100, jail from 5 days up to 1 year, and a one-year license suspension.
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Third Offense: Fines of $3,800 to $6,300, imprisonment from 60 days to three years, license suspension for two years, and ignition interlock device requirement.
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Fourth and Subsequent Offenses: Permanent license suspension and felony penalties, including imprisonment from one to five years.
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DUI Resulting in Great Bodily Injury: Mandatory minimum 30 days imprisonment up to 15 years, fines up to $10,100, and license suspension for three years.
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DUI Causing Death: Imprisonment from one to 25 years, substantial fines, and permanent license revocation.
These criminal penalties run parallel to civil liability. Drunk drivers face both criminal prosecution and civil lawsuits from victims seeking compensation for injuries and losses.
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The Criminal Investigation and Prosecution
When drunk driving accidents occur, law enforcement conducts investigations including field sobriety tests at the scene (Section 56-5-2948), breathalyzer tests to measure BAC, blood tests for more accurate BAC measurement and drug screening, accident reconstruction to establish how the crash occurred, and witness interviews.
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Police document observations of the drunk driver's appearance, behavior, and impairment. These reports become critical evidence in both criminal prosecutions and civil cases. Slurred speech, bloodshot eyes, odor of alcohol, unsteady gait, and admission of drinking all support DUI charges and civil liability claims.
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The Charleston County Solicitor's Office prosecutes DUI cases. Criminal proceedings typically involve arraignment, pretrial motions and hearings, plea negotiations or trial, sentencing if convicted, and appeals in some cases.
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How Criminal Convictions Affect Civil Cases
DUI convictions provide powerful evidence in civil cases. When drunk drivers are convicted criminally, that conviction proves they were driving under the influence. This criminal conviction establishes liability in civil cases, eliminating the need for victims to prove the defendant was intoxicated and at fault separately.
However, civil cases can proceed regardless of the criminal case's outcome. Even if criminal charges are reduced through plea bargains or dismissed on technical grounds, civil cases proceed based on the evidence.
The burden of proof is different in criminal and civil cases.
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In a criminal case, prosecutors must prove the driver’s guilt beyond a reasonable doubt, which is a very high standard.
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In a civil case, the victim only needs to show that it’s more likely than not that the drunk driver caused the crash. This means a driver can still be held civilly liable even if they are acquitted of a crime.
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Victims may pursue civil claims independently while criminal cases proceed. Civil attorneys obtain police reports, BAC test results, and witness statements from criminal investigations to build strong civil cases.
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Civil Liability for Drunk Driving Accidents
Beyond criminal penalties, drunk drivers face civil liability for all harm they cause. South Carolina law provides multiple avenues for victims to pursue compensation.
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Negligence Per Se
In South Carolina, drunk driving is considered negligence per se. This means that if a driver breaks DUI laws and causes an accident, the law automatically treats them as negligent. Victims don’t have to prove the usual elements of negligence, like duty or breach, in the usual way. Breaking the DUI law shows both the duty to drive safely and the violation of that duty. Victims only need to show that the drunk driving caused their injuries and that they suffered damages.
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This rule makes drunk driving cases stronger for victims. Instead of arguing over whether the driver acted carefully, the focus is on proving that the driver was impaired and that the impairment caused the accident.
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Recklessness and Willful Misconduct
Drunk driving isn’t just careless; it’s considered reckless, willful misconduct. Courts recognize that drivers who get behind the wheel while impaired are consciously ignoring serious risks to others. Because of this, victims may seek punitive damages, which are not available in ordinary negligence cases.
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To prove recklessness, it must be shown that the driver knew or should have known that their actions created a substantial risk of harm, yet drove anyway. For example, drivers who drink knowing they will drive, ignore obvious signs of impairment, and operate a vehicle despite understanding the dangers clearly meet this standard.
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Punitive Damages
In South Carolina, punitive damages may be awarded in cases involving recklessness, gross negligence, or willful misconduct. Drunk driving cases may qualify because driving while intoxicated shows a conscious disregard for others’ safety.
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Punitive damages punish the defendant and deter similar behavior. They are awarded in addition to compensatory damages, such as medical bills, lost wages, and pain and suffering.
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State law generally caps punitive damages at three times the compensatory damages or $500,000, whichever is higher. Exceptions exist for cases involving intent to harm or alcohol/drug impairment, reflecting the extreme danger of drunk driving.
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Evidence supporting punitive damages may include:
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high BAC levels
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prior DUI convictions
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proof that the driver knew they were impaired
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witnesses who tried to stop them
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aggravating factors such as excessive speed or reckless driving
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When awarded, punitive damages can be substantial, particularly for repeat offenders or defendants with significant assets. They provide both meaningful punishment and a deterrent to others.
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Dram Shop Liability in South Carolina
While South Carolina does not have a separate “dram-shop act” by name, the state’s liquor-vendor laws provide a basis for civil claims when an intoxicated person causes injury after being served alcohol.
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South Carolina law, codified in Section 61-6-2220, allows victims to pursue claims against alcohol-serving establishments that contribute to drunk driving accidents. The law prohibits selling or serving alcohol to visibly intoxicated persons or anyone under 21.
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To succeed in a claim against a bar, restaurant, or similar establishment, a victim generally must show:
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The establishment sold or served alcohol to a person who was noticeably intoxicated at the time of service.
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The establishment knew or should have known the person was intoxicated.
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The intoxicated person then drove and caused an accident, and the victim suffered injuries or losses as a result.
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"Noticeably intoxicated" means displaying obvious signs of impairment that bar staff should recognize, including slurred speech, unsteady walking, aggressive or inappropriate behavior, bloodshot eyes, and difficulty communicating or understanding.
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Evidence in “dram shop” cases includes witness testimony from other patrons about the drunk driver's visible intoxication, bar staff testimony regarding service decisions, video surveillance from the establishment showing the patron's behavior, credit card or tab records showing the volume and type of drinks served, and expert testimony about the amount of alcohol required to reach the driver's BAC.
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To prove a bar or restaurant knew or should have known a patron was intoxicated, evidence may show that staff had opportunities to observe the person’s behavior. Servers and bartenders trained to recognize signs of impairment who continue serving clearly intoxicated patrons create liability for the establishment.
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Dram shop cases often settle for significant amounts because establishments carry liquor liability insurance. These cases also encourage responsible alcohol service, as meaningful consequences motivate bars and restaurants to enforce training and service policies, helping prevent drunk driving accidents.
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Social Host Liability
In South Carolina, people who host parties or gatherings and serve alcohol (called “social hosts”) usually aren’t held legally responsible if an adult guest drinks, drives, and causes an accident. The law treats private hosts differently from bars or restaurants, which have stricter rules and responsibilities when serving alcohol.
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However, there’s one big exception: serving alcohol to minors. Under South Carolina law and cases like Marcum v. Bowden, 262 S.C. 562 (2007), a social host who knowingly gives alcohol to someone under 21 can be held liable if that minor later causes harm, such as in a drunk-driving crash. In these situations, the host could face both civil and criminal consequences.
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In short, serving alcohol to minors is a serious legal risk. For victims of drunk-driving accidents, this means they can often sue a bar or restaurant that overserved a driver, but holding a private host liable is only possible when alcohol was given to someone underage.
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How South Carolina’s Comparative Negligence Rule Affects Drunk Driving Claims
In South Carolina, the amount of compensation an injured person can receive after a drunk driving accident depends partly on who shares the blame. The state uses a modified comparative negligence rule (under the Contribution Among Tortfeasors Act), which allows victims to recover damages if they are less than 51% at fault. If they are partly responsible, their compensation is reduced by their share of the fault. For example, someone found 10% at fault would see their recovery reduced by 10%.
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Insurance companies often try to use this rule to limit how much they pay. Even when a drunk driver clearly caused the crash, insurers might argue that the victim contributed by speeding, glancing at a phone, or not reacting quickly enough. These claims can make a big difference in the amount of compensation available, so having strong evidence matters from the start.
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Proof of intoxication, such as blood alcohol concentration (BAC) results, police reports, or dashcam footage, helps show that the drunk driver’s actions were the main cause of the crash. Testimony from witnesses or local businesses can also strengthen the case.
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Even if the injured driver made a small mistake, South Carolina law focuses on which driver’s behavior caused the most harm. When a drunk driver gets behind the wheel and causes a wreck, their reckless choice usually outweighs any minor errors by others.
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That’s why victims need to work with an experienced South Carolina drunk driving accident attorney who can push back against unfair blame and fight for the full compensation they deserve.
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Types of Injuries in Drunk Driving Accidents
Drunk driving accidents often cause catastrophic injuries because impaired drivers cannot react to prevent crashes, usually drive at excessive speeds, and frequently cause high-impact collisions.
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Traumatic Brain Injuries
Head injuries are common in drunk driving accidents. These injuries, known as traumatic brain injuries (TBI), can range from mild concussions to serious brain damage that affects memory, thinking, personality, and daily independence.
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Even moderate TBIs can cause lasting problems, such as difficulty concentrating, memory issues, mood changes, and ongoing headaches. Severe TBIs may lead to long-term disability and the need for ongoing care. The serious impact of brain injuries on victims and their families often supports claims for significant compensation and, in some cases, punitive damages against the driver.
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Spinal Cord Injuries
High-impact crashes caused by drunk drivers frequently result in spinal cord damage. These catastrophic injuries can cause paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs), loss of sensation, loss of bowel and bladder control, chronic pain, and respiratory complications.
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Spinal cord injuries require immediate emergency care, often surgery, extensive rehabilitation, adaptive equipment, including wheelchairs, home modifications for accessibility, and lifelong medical management. The costs are astronomical, easily reaching millions of dollars over a lifetime. These cases demand maximum compensation from all available sources.
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Broken Bones and Fractures
Drunk driving accidents often cause broken bones, including fractures to the arms, legs, ribs, pelvis, and face. Some breaks may require surgery with pins, plates, or screws, and healing can take months.
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Serious fractures can lead to lasting limitations, especially for older adults, who may experience a permanent loss of mobility and independence. Even after treatment, some victims never fully regain their previous level of function.
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Internal Injuries
Blunt force trauma causes internal injuries, including organ damage to the liver, spleen, kidneys, and lungs, internal bleeding requiring emergency surgery, collapsed lungs (pneumothorax), and ruptured blood vessels.
Internal injuries may not be immediately apparent, making prompt medical evaluation critical after any drunk driving accident. Delayed treatment of internal bleeding or organ damage can be fatal. Victims who initially decline medical care but later experience abdominal pain, difficulty breathing, or other symptoms should seek immediate emergency treatment.
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Burn Injuries
Drunk driving accidents can sometimes cause vehicle fires, putting occupants at serious risk of burns. These injuries often require extensive medical treatment, including surgeries, and can result in permanent scarring or lasting physical challenges.
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Burn victims may face extended hospital stays, multiple procedures, and ongoing physical or emotional effects. Because these injuries are preventable, courts may allow punitive damages when a drunk driver causes a fire that injures someone.
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Soft Tissue Injuries
While less severe than fractures or organ damage, soft tissue injuries cause significant pain and limitations. Whiplash, muscle strains, ligament tears, and tendon damage require physical therapy, pain management, and time off work. These injuries may seem minor initially, but can develop into chronic conditions causing lasting pain and functional limitations.
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Psychological Trauma
Beyond physical injuries, drunk driving accident victims frequently suffer post-traumatic stress disorder, depression and anxiety, fear of driving or riding in vehicles, nightmares and flashbacks of the accident, and survivor's guilt when others in the vehicle died or were more seriously injured.
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Psychological trauma is real and compensable. Counseling and therapy help victims process trauma, but emotional scars may never fully heal. Compensation for emotional distress acknowledges these invisible but profound injuries.
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Fatal Injuries
Tragically, many drunk driving accidents prove fatal. High-speed impacts, rollovers, and head-on collisions caused by drunk drivers kill thousands annually. When drunk drivers cause fatal accidents, surviving family members can pursue wrongful death claims. They may seek compensation for loss of financial support, loss of companionship and guidance, funeral and burial expenses, and medical costs incurred before death.
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When a drunk driving accident causes a death, the victims’ families can pursue wrongful death claims that often include punitive damages. South Carolina law allows these damages because the driver’s reckless decision to drive under the influence caused a preventable loss of life.
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Damages Recoverable in Drunk Driving Accident Cases
Victims of drunk driving accidents in South Carolina can seek comprehensive compensation for all losses caused by their injuries. This can include economic damages (such as medical bills and lost wages), non-economic damages (such as pain and suffering), and, in serious cases, punitive damages to punish the driver and deter future reckless behavior.
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Economic Damages
Medical Expenses: These are all costs related to treating injuries, including emergency medical transport and trauma care, hospitalization and intensive care, surgical procedures, diagnostic testing such as CT scans and MRIs, and prescription medications. They may also include physical therapy and rehabilitation, occupational therapy, psychological counseling, assistive devices like wheelchairs or walkers, home health care, and future medical expenses for ongoing treatment and complications.
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Drunk driving accidents often cause severe injuries requiring hundreds of thousands or millions of dollars in medical treatment. Expert testimony from physicians and life care planners establishes the full extent of future medical needs and associated costs.
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Lost Wages: These refer to compensation for all income missed during recovery, including salary, bonuses, commissions, self-employment income, and lost business profits. Victims unable to work for extended periods during treatment and rehabilitation recover all lost earnings.
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Loss of Earning Capacity: When injuries cause permanent impairments that prevent a return to previous employment or limit career advancement, victims may recover damages for reduced lifetime earning potential. Severe injuries from drunk driving accidents frequently end careers or force victims into lower-paying work to accommodate their limitations.
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Vocational experts evaluate victims' education, skills, work history, and limitations due to injury to calculate lost earning capacity. These calculations project income losses over entire work-life expectancies, often resulting in substantial awards.
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Property Damage: This includes repair or replacement costs for vehicles destroyed in drunk-driving accidents, plus diminished-value claims when repaired vehicles retain reduced value. Personal property damaged in accidents, including phones, laptops, and other belongings, is also recoverable.
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Home Modifications: Victims who suffer permanent disabilities may require home modifications, such as wheelchair ramps, widened doorways, accessible bathrooms, and stairlifts. These costs are recoverable as economic damages.
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Transportation Costs: Expenses related to medical treatment, including mileage, parking, and adaptive vehicle costs for permanently disabled victims.
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Non-Economic Damages
Pain and Suffering: These damages compensate for physical pain, discomfort, and limitations caused by injuries. Severe injuries common in drunk driving accidents cause extraordinary suffering during treatment and often result in chronic pain requiring long-term management. Pain and suffering damages acknowledge the daily reality victims face living with injuries caused by drunk drivers' reckless decisions.
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Emotional Distress: These are damages for psychological trauma, anxiety, depression, PTSD, and fear resulting from accidents and injuries. The knowledge that injuries were entirely preventable and caused by a drunk driver's conscious choice often intensifies emotional trauma. Victims may struggle with anger, fear of driving, and difficulty trusting others on the road.
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Loss of Enjoyment of Life: When injuries prevent participation in activities victims previously enjoyed, compensation acknowledges these losses. Sports, hobbies, travel, and quality time with family may all be compromised by serious injuries. The inability to engage in life's pleasures represents real harm deserving compensation.
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Disfigurement and Scarring: Permanent scars and disfigurement from injuries or surgical procedures warrant compensation. Visible scarring causes self-consciousness and emotional distress. Facial scarring particularly impacts social interactions and self-esteem.
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Loss of Consortium: Spouses of seriously injured victims may pursue claims for loss of companionship, affection, intimacy, and household services resulting from their partner's injuries.
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Punitive Damages
As discussed earlier, punitive damages are particularly appropriate in drunk driving cases. South Carolina juries may award punitive damages against drunk drivers, recognizing the reckless nature of driving while intoxicated. These awards punish defendants and deter future drunk driving.
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Juries consider factors such as the defendant's BAC level, prior DUI history, evidence of particularly reckless behavior beyond intoxication, the severity of injuries caused, the defendant's attitude and remorse (or lack thereof), and the defendant's financial resources when awarding punitive damages.
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Punitive damage awards send powerful messages. When drunk drivers face financial consequences proportionate to their misconduct, it deters the defendant and others from engaging in similar dangerous behavior.
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Wrongful Death Damages
When drunk driving accidents prove fatal, surviving family members can recover funeral and burial expenses, medical costs incurred before death, loss of the deceased's expected earnings and financial support, loss of companionship, guidance, and emotional support, and, in some cases, punitive damages.
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Wrongful death cases involving drunk drivers are among the most emotionally difficult but legally justified cases. No compensation can replace a lost loved one, but substantial awards acknowledge the devastating impact and hold drunk drivers accountable.
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The Legal Process for Drunk Driving Accident Claims
Drunk driving accident claims involve several complex stages. Experienced legal representation helps victims navigate the process, protect their rights, and pursue the full compensation they deserve.
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Immediate Steps After a Drunk Driving Accident
Ensure Safety and Call 911: Request police and medical response immediately. Even if injuries seem minor, have the police document the scene and the suspects' impairment.
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Document Evidence: If safe and able, photograph vehicles, the accident scene, visible injuries, and any evidence of the other driver's intoxication (open containers, etc.). Collect witness contact information.
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Report Suspected Impairment: Tell police officers if you suspect the other driver is intoxicated. They will conduct field sobriety tests and BAC testing.
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Seek Medical Attention: Visit an emergency room even if injuries seem minor. Some serious injuries have delayed symptoms. Medical documentation is critical for claims.
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Preserve Evidence: Keep all documents related to the accident, including police reports, medical records, and bills. Do not post about the accident on social media, as insurance companies monitor accounts.
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Consult an Attorney: For victims in Mount Pleasant or the nearby areas, contact a Mount Pleasant, SC drunk driving accident lawyer before providing recorded statements to insurance companies or accepting settlement offers.
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Investigation and Evidence Gathering
Attorneys may thoroughly investigate drunk driving accidents to build strong cases. They review police reports, BAC results, and field sobriety tests; collect witness statements; obtain surveillance footage; gather medical records; and check the driver’s history of DUIs or alcohol-related incidents.
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In dram shop cases, lawyers investigate where the driver drank, interview staff and patrons about visible intoxication, review the establishment’s training and service policies, check surveillance, and examine records showing alcohol served.
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Expert witnesses support cases by reconstructing accidents, explaining BAC and impairment, documenting injuries and future care, and calculating lost wages or earning capacity.
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Demand Letters and Settlement Negotiations
After completing the investigation, accident or personal injury lawyers send demand letters to the drunk driver, their insurer, and any involved bars or restaurants in dram shop cases. These letters explain liability, outline injuries and medical treatment, calculate economic and non-economic damages, and request punitive damages for reckless behavior.
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Settlement negotiations often follow. Insurance companies consider potential trial exposure, including the likelihood of punitive awards. Cases with clear liability and serious injuries frequently settle for policy limits or substantial amounts.
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Attorneys carefully review settlement offers to ensure victims receive full compensation for all losses, including future medical care and lost earning capacity, rather than accepting quick but insufficient payments.
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Filing Lawsuits and Litigation
When fair settlements fail, drunk driving accident attorneys file lawsuits in the appropriate South Carolina courts. Complaints assert negligence claims against drunk drivers and vendor- or dram-shop-style liability claims against bars or restaurants, if applicable, and seek compensatory and punitive damages.
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The litigation process includes:
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defendants’ answers
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discovery (interrogatories, document requests, and depositions)
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expert witness reports
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mediation
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pretrial motions
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trial if necessary
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Discovery focuses on proving the driver’s intoxication, where and how they consumed alcohol, awareness of impairment, prior DUI history, and the full scope of the victims’ injuries and losses. Depositions of the driver often reveal critical details about their decisions to drive while impaired and prior alcohol-related incidents, which can encourage higher settlement offers.
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In dram shop cases, discovery may include depositions of bartenders and servers, reviews of training and service policies, examinations of the establishment’s history of over-service complaints, and expert testimony on responsible alcohol service standards.
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Mediation and Alternative Dispute Resolution
Courts often require mediation before trial. Neutral mediators help parties negotiate settlements. Mediation in drunk driving cases can be effective because defendants and insurers recognize trial risks. Juries sympathize with victims injured by drunk drivers and readily award substantial compensatory and punitive damages.
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Mediators help parties realistically assess the strengths and weaknesses of their cases. For victims, mediation provides certainty and avoids the stress of a trial. For defendants, mediation avoids public trial exposure and potential for even larger jury verdicts.
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However, if mediation fails to produce a fair settlement, the case proceeds to trial.
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Trial
Drunk driving trials usually start with jury selection, where the lawyer screens potential jurors about their attitudes toward drunk driving, personal experiences, and willingness to award substantial damages, including punitive damages. Choosing jurors who take impaired driving seriously is crucial.
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During opening statements, the victim’s lawyer describes the accident and injuries and explains why significant damages are justified. Defense attorneys often try to minimize liability and challenge punitive awards.
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The evidence phase typically features L
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police testimony about arrests, BAC results, and observations of intoxication
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medical experts explaining injuries and future care
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vocational and economic experts calculating lost earnings
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Accident reconstruction experts showing how the crash occurred
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bar staff testimony and surveillance footage (in dram shop cases)
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Plaintiffs often testify about how injuries have affected their lives, helping juries see the personal impact beyond medical bills.
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Cross-examination tests witness credibility and challenges opinions. Defense attorneys may downplay impairment or suggest alternative causes, while plaintiffs’ attorneys counter these arguments to protect their case.
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In closing arguments, plaintiffs’ attorneys summarize the evidence, highlight the driver’s reckless behavior, emphasize the preventable harm caused, and argue for punitive damages to punish misconduct and deter others.
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Jury deliberations follow, with jurors deciding liability, compensatory damages, and whether punitive damages apply. In drunk driving cases, juries often award substantial amounts reflecting the seriousness of the offense.
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Appeals
Either party can appeal verdicts, though appeals review legal errors rather than retrying facts. Drunk drivers who face significant punitive damage awards sometimes appeal, arguing that the awards are excessive. Appellate courts review whether punitive damages are reasonable compared to compensatory damages and the defendant’s behavior.
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Victims can also appeal if they believe the verdict was too low or if the trial court made legal mistakes. Appeals can lengthen the case timeline but sometimes result in higher awards if errors unfairly affected the outcome.
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Why Choose The Arndt Law Firm for Drunk Driving Accident Cases
The Arndt Law Firm represents people in South Carolina who have been injured in drunk driving accidents. Attorney Jonathan Arndt handles cases involving serious injuries, wrongful death, and “dram shop” claims against bars or restaurants that may have over-served the driver.
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The firm takes a hands-on approach to investigating each accident. This may include:
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collecting police reports, BAC test results, and witness statements
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obtaining any surveillance footage that can help show what happened
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working with experts who can explain injuries, reconstruct the accident, or assess financial losses
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The firm understands how criminal charges and civil claims often overlap in drunk driving cases. They may use evidence from criminal investigations to support civil claims whenever possible.
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Jonathan Arndt has been recognized by Super Lawyers, highlighting his experience and professional standing in personal injury law. An experienced Mount Pleasant, SC drunk driving accident lawyer with knowledge of Charleston County courts, judges, juries, and areas where DUI accidents commonly occur can help victims:
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build stronger cases
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navigate both civil and criminal proceedings
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pursue maximum compensation for injuries, losses, and damages caused by impaired drivers
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Cases are handled on a contingency fee basis, so clients do not pay attorney fees unless the firm recovers compensation on their behalf.
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Frequently Asked Questions About Drunk Driving Accident Claims
​What should I do immediately after a drunk driving accident in Mount Pleasant, SC?
After a drunk driving accident in Mount Pleasant, victims should call 911 to report the crash and request medical help if needed. They should gather the other driver’s contact and insurance information, take photos of the scene, collect witness details, seek medical care even if injuries seem minor, and contact a Mount Pleasant, SC drunk driving accident lawyer promptly.
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How common are DUI-related crashes in Mount Pleasant?
While specific data for Mount Pleasant is limited, DUI-related crashes remain a major traffic-safety concern in Charleston County. They are particularly likely in high-traffic corridors such as Coleman Boulevard, Highway 17, and the Ravenel Bridge.
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Who can be held responsible after a drunk driving accident in South Carolina?
After a drunk driving accident in South Carolina, typically the impaired driver is typically responsible. In SC, bars or restaurants may also be held liable in specific dram-shop/vendor scenarios if they served alcohol to a visibly intoxicated or underage person who then caused a crash. Private hosts have only limited liability (primarily in cases involving furnishing alcohol to minors).
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What types of injuries are most common in drunk driving crashes?
The most common injuries in drunk driving crashes include traumatic brain injuries (TBI), spinal cord damage and paralysis, broken bones and fractures, internal organ injuries, and emotional trauma such as PTSD.
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What compensation can I recover after a drunk driving accident?
Victims of drunk driving accidents can recover compensation for medical bills, rehabilitation costs, lost wages, reduced earning capacity, pain and suffering, property damage, and, in severe cases, potentially punitive damages to punish reckless behavior.
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How long do I have to file a drunk driving accident claim in South Carolina?
In South Carolina, victims generally have three years from the date of the accident to file a personal injury claim. Missing this deadline may prevent recovery of damages.
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What if the drunk driver was uninsured or underinsured?
Suppose the drunk driver was uninsured or underinsured. In that case, victims can pursue a claim through their own uninsured/underinsured motorist (UM/UIM) coverage, which is included in many South Carolina auto insurance policies.
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Will the drunk driver face criminal charges as well?
Yes, the drunk driver can face criminal charges for DUI or related offenses in South Carolina. While the criminal case is separate from a civil claim, a conviction can strengthen the victim’s injury case.
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What should I avoid doing after a drunk driving accident?
After a drunk driving accident, victims should avoid giving recorded statements to the other driver’s insurance company, posting about the accident on social media, and signing settlement offers without consulting a lawyer.
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How can a Mount Pleasant, SC drunk driving accident lawyer help me?
A Mount Pleasant, SC, drunk driving accident lawyer can help by investigating the crash, collecting evidence such as police reports, BAC results, and witness statements, negotiating with insurers, and representing victims in court. A lawyer ensures victims’ rights are protected while they focus on recovery.
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Take the Next Step Toward Recovery
A drunk driving accident in Mount Pleasant can change lives in an instant. From the busy lanes of Highway 17 to the nightlife along Coleman Boulevard, impaired drivers put everyone on the road at risk. Victims often face mounting medical bills, missed work, and the stress of an uncertain future.
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When injuries result from someone else’s reckless choices, insurance companies may try to minimize the harm or push for a quick settlement, leaving victims without the resources they need for long-term recovery. Delaying action can make it harder to collect evidence and hold responsible parties accountable.
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At our firm, the Arndt Law Firm in Mount Pleasant, we are dedicated to providing focused legal representation for individuals who have been injured in drunk driving accidents throughout Charleston County and across South Carolina.
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Our team understands the challenges and emotional toll that such accidents can have on victims and their families. We are committed to advocating for your rights and ensuring you receive the compensation you deserve. With our experienced attorneys by your side, you can trust that your case is in capable hands, and we will work diligently to guide you through every step of the legal process. Your well-being is our top priority, and we are here to support you.
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If you or a loved one has been injured, no need to face the aftermath of a drunk driving accident alone. Call (843) 469-8777 to schedule a free consultation and let a skilled Mount Pleasant, SC drunk driving accident lawyer fight for the compensation you deserve.