When a drunk driver causes an accident, the consequences extend far beyond vehicle damage. Victims face mounting medical bills, lost wages, and ongoing physical and emotional trauma. In Greenville County, drunk driving accidents claim lives and devastate families at an alarming rate. You deserve an advocate who understands the unique complexities of these cases and fights to hold negligent drivers accountable.
A drunk driving accident lawyer from Maxey McFarland Law brings specialized knowledge to your case. We understand South Carolina’s DUI laws, insurance tactics, and how to build compelling evidence that proves liability. Most importantly, we work on a contingency fee basis—you pay nothing unless we recover compensation for you. This means you can focus on healing while we handle the legal battle. Our case results demonstrate our commitment to securing maximum compensation for injured victims.
Maxey McFarland Law – Greenville
15 Whitsett St.
Greenville, SC 29601
Phone: (864) 900-4231
How Maxey McFarland Law Fights for Maximum Compensation
At Maxey McFarland Law, we approach drunk driving accident cases with the intensity and focus they deserve. We don’t settle for inadequate offers from insurance companies protecting their bottom line. Our experienced attorneys have recovered millions in settlements and verdicts for accident victims throughout Greenville and South Carolina.
Our personal injury attorneys investigate thoroughly, leaving no stone unturned. We build cases on solid evidence—police reports, medical records, witness testimony, and expert analysis. We understand insurance company tactics designed to minimize payouts, and we counter them with preparation and persistence. When insurance companies deny claims or offer low settlements, we’re prepared to litigate aggressively on your behalf.
We evaluate every case individually. Some cases settle quickly when liability is clear and damages are straightforward. Others require litigation when insurance companies refuse fair offers. We advise you honestly about your case’s strengths and realistic settlement ranges, then pursue the strategy most likely to maximize your recovery. Our approach to personal injury settlements ensures you understand every step of the process.
We handle all communication with insurance companies and opposing counsel, protecting you from statements that could harm your claim. We manage medical records, bills, and documentation so nothing falls through the cracks. Most importantly, we keep you informed throughout the process. If you’re dealing with insurance disputes or bad faith claims, we have the expertise to fight back.
We offer free consultations 24/7 because we understand accidents happen at inconvenient times. Contact us today to discuss your case with no obligation. Call (864) 900-4231 or visit our contact page.
How Drunk Driving Accidents Differ from Other Car Accidents
Drunk driving accidents carry legal advantages that other car accident cases do not. In South Carolina, when a driver operates a vehicle with a blood alcohol concentration (BAC) of .08% or higher, they violate state law. This violation creates what attorneys call “negligence per se”—the drunk driver is automatically considered negligent simply by breaking the state law. This legal doctrine significantly strengthens your position compared to standard car accident claims.
This distinction matters significantly. In typical car accident cases, you must prove the other driver acted negligently. In drunk driving cases, the negligence is already established by the DUI violation itself. This strengthens your position considerably and often leads to faster settlements. Understanding how settlement amounts are calculated in personal injury cases helps you recognize fair offers.
Additionally, drunk driving accidents may qualify for punitive damages in South Carolina. These damages go beyond compensating your injuries; they punish the drunk driver for reckless behavior and deter future drunk driving. This potential for enhanced compensation distinguishes these cases from standard negligence claims. Learn more about compensatory vs. punitive damages in personal injury cases.
Types of Compensation Available to Drunk Driving Accident Victims
Victims of drunk driving accidents can pursue multiple categories of compensation. Understanding what you can recover helps you recognize the full value of your claim. Our attorneys calculate economic and non-economic damages to ensure you receive full compensation.
- Economic Damages cover your concrete financial losses. These include all medical expenses—emergency room visits, surgeries, ongoing treatment, rehabilitation, and future medical care related to your injuries. Lost wages represent income you missed while recovering or attending medical appointments. Property damage covers vehicle repair or replacement costs. If your injuries prevent you from working long-term, we calculate lost earning capacity into your claim. For detailed information, see our guide on how to claim lost wages from a car accident.
- Non-Economic Damages address the intangible harm you suffered. Pain and suffering compensation compensates for physical pain and discomfort. Emotional distress covers anxiety, depression, and trauma resulting from the accident. Loss of enjoyment of life recognizes that injuries may prevent you from activities you previously enjoyed. These damages acknowledge that your suffering extends beyond medical bills.
- Punitive Damages apply when the drunk driver’s conduct was particularly reckless. South Carolina allows punitive damages in DUI cases to punish the defendant and discourage similar behavior. While not guaranteed, these damages can significantly increase your total recovery. Understanding how wrongful death damages are calculated is critical if a loved one was killed.
What We Investigate in Your Drunk Driving Accident Case
Thorough investigation separates strong cases from weak ones. Our team conducts comprehensive investigations that uncover every detail supporting your claim. We follow a detailed personal injury case checklist to ensure nothing is overlooked.
Our firm obtains and analyzes police reports, which document the officer’s observations, the drunk driver’s BAC test results, and field sobriety test performance. We review toxicology reports and challenge testing procedures if necessary. We interview witnesses who saw the accident or observed the drunk driver’s behavior before the collision. Also, we obtain surveillance footage from nearby businesses or traffic cameras that captured the accident.
We reconstruct the accident scene using accident reconstruction experts when needed. This scientific analysis demonstrates how the accident occurred and proves the drunk driver caused it. We investigate all potentially liable parties—not just the drunk driver, but also bars or restaurants that served alcohol to an obviously intoxicated person under South Carolina’s dram shop liability laws, and social hosts who provided alcohol in certain circumstances. Our dram shop liability expertise allows us to pursue additional defendants and recover from multiple insurance policies.
We thoroughly review insurance policies to identify all available coverage and policy limits. We investigate the drunk driver’s background to determine if prior DUI convictions or traffic violations exist, which can support punitive damages claims.
South Carolina Drunk Driving Laws and Your Rights
Understanding South Carolina’s legal framework protects your interests and ensures you meet critical deadlines. Our personal injury attorneys stay current on all South Carolina laws affecting your case.
South Carolina imposes a three-year statute of limitations on personal injury claims. This means you have three years from the accident date to file a lawsuit. Missing this deadline eliminates your right to sue, so prompt action matters. For more details, see our guide on suing after an accident time limit.
South Carolina follows a modified comparative negligence standard. This means you can recover compensation even if you were partially at fault for the accident—as long as you were less than 50% responsible. If you were 30% at fault and the drunk driver was 70% at fault, you can recover 70% of your damages. However, if you were 50% or more at fault, you cannot recover anything.
Dram shop liability in South Carolina allows you to sue bars, restaurants, or social hosts who served alcohol to the drunk driver. South Carolina law holds these establishments liable if they served alcohol to someone they knew or should have known was intoxicated, and that person subsequently caused an accident injuring you. This expands potential defendants and available insurance coverage.
These laws create opportunities for recovery that our team leverages on your behalf. We ensure you understand your rights and meet all legal requirements. Our attorneys have extensive experience navigating these complex cases and have recovered substantial settlements for clients.
Frequently Asked Questions
Yes. South Carolina’s modified comparative negligence law allows you to recover even if you were partially at fault. As long as you were less than 50% responsible for the accident, you can recover damages reduced by your percentage of fault. For example, if you were 20% at fault and the drunk driver was 80% at fault, you recover 80% of your damages. This law protects accident victims from losing everything due to minor contributory negligence. Our personal injury lawyers can evaluate your specific situation.
Settlement timelines vary based on case complexity. Simple cases with clear liability and straightforward injuries may settle within 6-12 months. Complex cases involving multiple parties, serious injuries, or disputed liability can take 12-18 months or longer. We work efficiently to resolve your case, but we never rush into inadequate settlements. We keep you updated on progress and explain any delays. See our article on how long does a personal injury case take in South Carolina.
Uninsured motorist coverage on your own auto insurance policy protects you in this scenario. This coverage compensates you for injuries caused by uninsured or underinsured drivers. We help you file a claim with your own insurance company. If the drunk driver has minimal insurance, underinsured motorist coverage bridges the gap between the drunk driver’s policy limits and your actual damages.
Possibly. South Carolina recognizes dram shop liability, allowing you to sue establishments that served alcohol to obviously intoxicated individuals who subsequently caused accidents. You must prove the bar or restaurant knew or should have known the person was intoxicated when they served alcohol. This claim requires investigation into the establishment’s practices and the drunk driver’s condition at the time of service. We investigate these claims thoroughly to identify additional defendants and insurance coverage.
Nothing upfront. We work on a contingency fee basis, meaning we collect a percentage of your recovery only if we win your case or reach a settlement. If we don’t recover compensation, you owe us nothing. This arrangement aligns our interests with yours—we only profit when you do. We discuss our fee structure transparently during your free consultation. Learn more about how much personal injury lawyers charge.
First, seek medical attention even if you feel fine. Some injuries appear hours or days after accidents. Second, document everything—take photos of vehicle damage, injuries, and the accident scene. Third, gather contact information from witnesses. Fourth, report the accident to police and request a copy of the police report. See our guide on how to read a police accident report. Fifth, contact our office for a free consultation before speaking with insurance companies. Avoid posting about the accident on social media, as insurers monitor these posts. Do not accept settlement offers without consulting an attorney.
Contact Maxey McFarland Law Today
If you’ve been injured in a drunk driving accident in Greenville, don’t wait to seek legal help. Call Maxey McFarland Law at (864) 900-4231 for a free consultation about your drunk driving accident case. Our team of drunk driving accident attorneys in Greenville, SC is ready to fight for the compensation you deserve. We serve injured victims throughout Greenville and South Carolina.
Maxey McFarland Law – Greenville
15 Whitsett St.
Greenville, SC 29601
Phone: (864) 900-4231