Drunk Driving Accident Lawyer in Greenville, SC
Thomas Creech is a drunk driving accident lawyer in Greenville, SC who represents people seriously injured by impaired drivers. A civil claim may seek compensation for medical expenses, lost income, pain and suffering, permanent impairment, and other losses caused by the collision.
The driver’s DUI charge and the injured person’s civil claim are separate matters. A criminal case may punish the driver, while a civil claim focuses on the harm suffered by the injured person. Evidence from the crash investigation and criminal proceedings may also be relevant to the civil case.
Before entering private practice in 2003, Thomas Creech spent nearly five years working as a prosecutor. He now uses his courtroom and investigative experience to represent injured people and families throughout Greenville and Upstate South Carolina.
What Makes a Drunk-Driving Accident Claim Different?
A drunk-driving collision may involve both a criminal DUI case and a separate civil injury claim. The civil case may require evidence showing who caused the collision, how alcohol impairment contributed to it, and how the crash affected the injured person.
Evidence may include:
- The police collision report
- Breath, blood, or field-sobriety test information
- Arrest and court records
- Body-camera or dashboard-camera footage
- Witness statements
- Photographs and video from the crash scene
- Vehicle damage and electronic vehicle data
- Surveillance footage
- Medical records
- Employment and income documentation
- Records showing where the driver obtained alcohol
A drunk driver accident attorney may also investigate whether another person or business contributed to the collision. The available claims depend on the evidence and the circumstances of the case.
Does the Driver’s DUI Case Determine Your Injury Claim?
No. A DUI prosecution and a civil injury claim serve different purposes. The government brings the criminal case, while the injured person brings a civil claim against the driver or another responsible party.
A conviction, guilty plea, dismissal, or other result in the criminal case may affect the available evidence, but it does not automatically determine the outcome of the civil claim. The facts must still establish liability, causation, and damages.
An attorney can monitor the criminal proceedings, request available records, and explain how developments in that case may relate to the civil claim. The injured person may also have rights to receive information or communicate with appropriate officials during the criminal process.
Who May Be Liable for a Drunk-Driving Collision?
The impaired driver may be responsible when their conduct causes a collision and injuries. Depending on the evidence, an investigation may also consider:
- The owner of the vehicle
- An employer if the driver was acting within the scope of employment
- A bar or restaurant that unlawfully provided alcohol
- A social host in limited circumstances
- Another driver whose conduct contributed to the collision
- A company responsible for a defective vehicle or component
The presence of another possible defendant does not automatically establish liability. Each potential claim requires evidence connecting that person or business to the collision and resulting injuries.
Can a Bar or Restaurant Be Liable for a Drunk Driver’s Actions?
A bar, restaurant, or other alcohol provider may be investigated when it supplied alcohol to a person who later caused a collision. Whether the business can be held responsible depends on the applicable law and evidence showing how alcohol was provided.
Evidence may include:
- Receipts and credit-card records
- Surveillance footage
- Witness statements
- Employee testimony
- Alcohol-service records
- The driver’s condition while at the establishment
- The timing and amount of alcohol served
Claims involving South Carolina liquor liability laws can be complex and subject to specific legal requirements. An attorney can investigate whether a claim against an alcohol provider is supported by the available facts
What Compensation May Be Available After a Drunk-Driving Accident?
Compensation after a drunk-driving accident depends on the injuries, financial losses, available insurance, responsible parties, and supporting evidence.
A claim may include compensation for:
- Ambulance and emergency care
- Hospital treatment
- Surgery and rehabilitation
- Future medical care
- Lost wages
- Reduced future earning capacity
- Property damage
- Pain and suffering
- Permanent impairment or disfigurement
- Loss of enjoyment of life
- Other losses supported by the case
Punitive damages may be considered in some cases involving willful, reckless, or dangerous conduct. They are not automatic simply because alcohol was involved, and no attorney can guarantee that they will be awarded.
Should You Give the Insurance Company a Recorded Statement?
You should be cautious about giving a recorded statement to the other driver’s insurance company. The adjuster may ask questions about the collision, your medical history, your symptoms, or statements you made at the scene. Your responses may later be used to dispute liability or the extent of your injuries.
You should cooperate with your own insurer as required by your policy, but you may still want legal guidance before providing a detailed recorded statement. Do not guess, minimize symptoms, or agree to a settlement before understanding the nature of your injuries and losses.
What Happens if You Were Partially at Fault?
Being partially responsible for a collision does not always prevent recovery in South Carolina. The percentage of fault assigned to each party can affect whether compensation is available and how much may be recovered.
Insurance companies may attempt to shift responsibility by alleging that the injured person was speeding, distracted, not wearing a seat belt, or otherwise contributed to the harm. An attorney can review the evidence and challenge unsupported fault allegations.
Drunk and Distracted Driving Accidents in Greenville, SC
Alcohol impairment and driver distraction are different forms of dangerous driving, but both can reduce a driver’s ability to notice hazards and respond safely. A driver may also be both impaired and distracted at the time of a collision.
People injured by phone use, texting, eating, navigation systems, or other distractions can read more about distracted-driving accidents. For broader information about insurance claims, fault, injuries, and compensation, visit our Greenville car accident attorney page.
Drunk-Driving Accident FAQ
What Should I Do Immediately After a Drunk-Driving Accident in Greenville, SC?
Call 911, obtain medical attention, photograph the scene when it is safe, collect witness information, and keep all documents related to the collision. Avoid confronting the suspected impaired driver or discussing fault. Consider speaking with an attorney before giving the other driver’s insurer a detailed statement.
Should I Give a Recorded Statement to the Insurance Company?
Be cautious about giving a recorded statement to the other driver’s insurer. The company may use your answers to challenge fault or the seriousness of your injuries. Your own insurance policy may require cooperation, so review your obligations and consider obtaining legal advice before providing a detailed statement.
How Is Fault Determined in a South Carolina Drunk-Driving Accident?
Fault may be determined using the police report, witness statements, video footage, vehicle damage, electronic data, alcohol test information, and other evidence. A DUI charge may support the investigation, but the civil claim still requires proof that the driver’s conduct caused the collision and injuries.
What Happens if I Am Partially at Fault for the Accident?
Partial fault may reduce the compensation available and, depending on the percentage assigned, may prevent recovery. An attorney can investigate the collision and respond when an insurance company attempts to place unsupported blame on the injured person.
Speak With a DUI Accident Lawyer in Greenville, SC
If you or a family member suffered serious injuries in a collision involving an impaired driver, Thomas Creech Law can investigate the crash, preserve available evidence, communicate with insurers, and identify the parties who may be responsible.
Call 864-235-4999 or submit the consultation form to speak with a drunk driving accident lawyer in Greenville, SC. Initial consultations are free, and no attorney-client relationship is created until a written representation agreement has been signed.
