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DUI Accidents

Anderson DUI Accident Lawyers Serving South Carolina

Drunk driving remains a tragic and all-too-common problem across the United States, including in Anderson, South Carolina. Each day, lives are forever changed by the reckless decisions of impaired drivers. Victims of these crashes often face not only serious physical injuries, but also overwhelming emotional and financial hardship. If you or a loved one has suffered harm in a drunk driving accident, you have the right to seek compensation for your losses—and having a trusted drunk driving accident attorney in Anderson can make all the difference. 

If you or a family member have been involved in a drunk driving accident in Anderson, knowing what to do next can be confusing and stressful. Many accident victims aren’t sure about the necessary steps to protect their legal rights, health, or financial future. It is crucial to immediately call the Anderson Police Department or South Carolina Highway Patrol and seek medical care at a local facility such as AnMed Health Medical Center. Gathering evidence at the scene, including photos and contact information for witnesses, is equally important. Connecting with a skilled drunk driving accident lawyer in Anderson as soon as possible ensures that vital evidence is preserved and every legal opportunity under South Carolina law is fully explained to you.

At Smith & Griffith, LLP, we know firsthand the tremendous impact that DUI accidents have on individuals, their families, and the Anderson community. Our team is deeply rooted in Upstate South Carolina, consistently earning trust by delivering thoughtful legal representation to those facing hardship. Our drunk driving accident attorneys in Anderson frequently assist clients across Anderson, Pickens, and Oconee Counties, as well as throughout the state of South Carolina. 

Call (864) 477-7395 today to schedule a free consultation with a drunk driving accident attorney in Anderson.

Steps to Take After a Drunk Driving Accident in Anderson

Victims of drunk driving accidents in Anderson face a critical period immediately following the incident. What you do in these moments can have a lasting impact on your health, your financial recovery, and the strength of any legal claim. First and foremost, it is essential to call 911 to ensure law enforcement arrives at the scene and generates an official accident report. The Anderson Police Department and South Carolina Highway Patrol frequently respond to these incidents, whether they occur on city streets or major thoroughfares like US-76 and Clemson Boulevard. The crash report they provide serves as a crucial piece of evidence, especially in cases where alcohol impairment is suspected.

After seeking medical attention—even if your injuries seem minor—preserve all possible evidence. Take photographs of the vehicles, roadway, and visible injuries. Obtain witness contact information when possible, and keep every medical record or bill related to the accident. It’s also important to avoid making detailed statements to insurance companies before speaking with a drunk driving accident lawyer in Anderson, as insurers often seek to minimize your claim. Our team at Smith & Griffith, LLP can immediately step in to help manage communications, guide you regarding what documents to save, and begin protecting your rights and your pursuit of maximum compensation.

Types of Compensation Available to Anderson Drunk Driving Accident Victims

Drunk driving accidents often result in substantial financial losses and life-altering injuries. In Anderson, injured parties may pursue various types of compensation through a civil personal injury claim. Recoverable damages typically include past and future medical expenses, emergency treatment at facilities like AnMed Health Medical Center, ongoing physical therapy, or rehabilitation. Lost wages and diminished earning capacity due to injury may also be claimed, ensuring your financial stability despite time away from work. Many victims are eligible to seek damages for pain and suffering—both physical and emotional—as well as loss of enjoyment of life when injuries interfere with daily activities or relationships.

In certain situations, South Carolina courts serving Anderson may award punitive damages if the at-fault driver's conduct was especially reckless. These damages serve to punish grossly negligent behavior and deter others from driving under the influence in the Anderson community. At Smith & Griffith, LLP, our drunk driving accident attorneys in Anderson take a comprehensive approach. We carefully assess all losses and work closely with medical providers, employers, and your family to document every way the accident has impacted your life. This detailed and personal strategy helps ensure our clients are positioned to recover the full and fair compensation they deserve under state law.

Understanding Criminal vs. Civil Liability in DUI Accident Cases

When a drunk driving accident occurs in Anderson, both law enforcement and the District Attorney's office may become involved, leading to criminal charges against the intoxicated driver. However, a criminal case is distinct from your right to secure damages through civil court—a process where an experienced drunk driving accident attorney in Anderson can advocate for your recovery. 

For those involved in a drunk driving accident, it’s essential to understand these dual systems. The criminal courts at the Anderson County Courthouse focus on penalizing dangerous drivers, while a civil case is designed to compensate the injured party for their losses—including medical expenses, property damage, lost income, and more. Even if a drunk driver is prosecuted by the state, South Carolina law allows injured individuals to seek monetary recovery separately in civil court. This means you are not limited to relying on the outcome of a criminal prosecution when pursuing justice and financial relief.

Key differences between criminal and civil DUI cases include:

  • The purpose: Criminal cases aim to punish and deter, while civil cases focus on making the victim whole through financial compensation.
  • The standard of proof: Criminal convictions require proof "beyond a reasonable doubt," while civil cases only need a "preponderance of the evidence."
  • The venue: The judge and jury in your civil lawsuit will be different from those involved in any criminal proceedings.
  • The potential outcomes: Criminal penalties may include fines, jail time, or license suspension for the defendant, whereas a successful civil claim leads to monetary compensation for the victim.

While criminal and civil cases are handled separately, the outcome of a criminal DUI case can influence your civil claim. If the at-fault driver pleads guilty or is found guilty at trial, it may help your drunk driving accident attorney in Anderson build a stronger compensation case.

What to do after a suspected DUI crash in Anderson, SC

Your actions in the first 24 to 72 hours can protect your health and strengthen your case. If you suspect the other driver is impaired:

  • Call 911 and request police and EMS. Tell the dispatcher you suspect impairment.
  • Get medical care right away, even if you feel okay. Adrenaline can mask injuries.
  • Document what you see and hear. Note slurred speech, open containers, the odor of alcohol, or stumbling. Take photos and video if it is safe.
  • Collect information. Get the officer’s name and agency, the incident number, and insurance details for all drivers.
  • Identify potential witnesses and nearby cameras at intersections or businesses.
  • Avoid recorded statements with any insurer until you speak with a lawyer.
  • Contact a drunk driving accident attorney Anderson residents trust to protect your rights and preserve evidence.

Our team can quickly send preservation letters, request dash and body camera footage, and coordinate with investigators so critical proof is not lost.

Holding Establishments Accountable: Dram Shop Liability in South Carolina

The offending driver isn’t the only party who can be held accountable in a DUI accident case. In South Carolina, dram shop laws provide a means for holding establishments accountable for serving alcohol to visibly intoxicated patrons or minors who subsequently cause a car accident

Dram shop liability emphasizes the responsibility of alcohol-serving establishments to contribute to public safety by monitoring and controlling their service practices. It is important to note, however, that it must be proven that the establishment knew—or at least should have known—that the offending individual was intoxicated or underage. 

Evidence collection, including gathering testimonies and any available surveillance footage, can play a role in substantiating these claims. The team at Smith & Griffith, LLP has extensive experience in investigating negligence, and we understand what is necessary to prove it in a court of law. 

Damages and insurance in South Carolina DUI accident cases

Victims of impaired driving crashes may pursue compensation for medical bills, future treatment, lost wages, diminished earning capacity, property damage, and pain and suffering. Because DUI is reckless conduct, punitive damages may also be available to punish and deter dangerous behavior.

Insurance coverage can be complex in DUI claims. Your recovery may involve the impaired driver’s liability policy, your own UM or UIM coverage, and, when applicable, a dram shop claim against a bar or restaurant that overserved. Each policy has different limits and exclusions, and multiple policies may stack depending on the facts.

Deadlines matter. South Carolina generally provides three years to file most personal injury lawsuits against private parties, but shorter notice rules can apply for claims involving government vehicles or entities. The sooner you involve a drunk driving accident lawyer Anderson relies on, the sooner key evidence can be preserved and all available insurance identified.

Compassionate Legal Representation for DUI Accident Victims

For over 25 years, Smith & Griffith, LLP has given a voice to those who have been injured by someone else’s negligent behavior. Our team leverages extensive experience, compassion, and a thorough knowledge of all relevant laws to advocate on your behalf. 

How our Anderson drunk driving accident lawyers prove liability

We build compelling cases with a focus on speed, documentation, and deep analysis. Depending on your case, we may:

  • Secure police reports, 911 audio, and any dash or body camera video.
  • Obtain breath, blood, and toxicology results, as well as field sobriety documentation.
  • Track down bar tabs, receipts, surveillance video, and witness testimony for potential dram shop liability.
  • Download vehicle data, scene measurements, and photographs for accident reconstruction.
  • Evaluate cell phone records if distraction is suspected.
  • Work with medical professionals to connect your injuries to the crash and quantify future care needs.

This disciplined approach helps us position your claim for a full and fair settlement or a strong presentation to a jury if needed.

Frequently Asked Questions

What is the statute of limitations for filing a drunk driving accident claim in Anderson, SC?

In South Carolina, the statute of limitations for a personal injury claim, including those related to drunk driving accidents, is generally three years from the date of the accident. This legal deadline is strictly enforced; failing to take action within the statute of limitations may mean permanently losing your ability to recover compensation. If your crash took place in Anderson, prompt legal action gives your drunk driving accident attorney in Anderson extra time to gather police reports, contact witnesses, and request footage from local businesses—evidence that may no longer be available if you wait. Our attorneys at Smith & Griffith, LLP recommend contacting a lawyer as soon as possible so your rights are fully protected and every filing deadline is met in Anderson County courts.

Who investigates drunk driving accidents in Anderson, SC?

Drunk driving accidents that happen within Anderson city limits are typically investigated by the Anderson Police Department, while cases on rural roads or highways are handled by the South Carolina Highway Patrol. These agencies create detailed accident reports documenting the crash scene, witness accounts, and any indicators of impaired driving. In cases involving serious injury or fatalities, specialized accident reconstruction teams may also be involved. Their investigative findings are critical for both criminal prosecution and civil claims. At Smith & Griffith, LLP, our drunk driving accident attorneys in Anderson regularly obtain and analyze these official reports to build a compelling claim designed to secure the compensation our clients need.

What makes Smith & Griffith, LLP different from other Anderson drunk driving accident attorneys?

What sets Smith & Griffith, LLP apart is the unique advantage provided by our lead attorney's history as a former insurance claims adjuster. This experience gives us powerful insight into how insurance companies think and operate, arming us with the tools to advocate for fair settlements on behalf of our clients. We maintain a limited caseload to ensure each Anderson client receives dedicated, one-on-one attention from their drunk driving accident attorney—not just from staff. Instead of cookie-cutter approaches, we craft legal strategies tailored to your unique needs. Our in-depth knowledge of Anderson’s courts, legal community, and local procedures gives you peace of mind, knowing your case is in committed, capable hands from start to finish.

Ready to move forward with an Anderson DUI accident claim?

The sooner you act, the easier it is to preserve video, witness memories, and test results that prove impairment. Put a local team on your side that knows how Anderson insurers and courts handle drunk driving cases.

Start your free case review today. Call (864) 477-7395 or contact Smith & Griffith, LLP online for a prompt consultation.

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