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If Someone Was Drinking, They Are Automatically at Fault
One common misconception is that if someone has been drinking and they get into an accident, they are automatically considered at fault. In reality, being intoxicated does not mean the person is always responsible for the crash. In South Carolina, the legal system looks at the facts of the case to determine fault. Even if a person was drinking, there might be other factors that contributed to the accident. For example, the other driver may have been speeding or running a red light, and their actions could have played a role in causing the accident. The court looks at the full picture before assigning blame. In some cases, both parties may be found partially at fault for the accident. This is known as comparative negligence, where each person’s level of responsibility is considered. If the person who was drinking is found to be only partially at fault, they may still be able to recover some compensation for their injuries. The amount they receive would be reduced by the percentage they were found to be at fault.
Blood Alcohol Content (BAC) Is All That Matters
Another misconception is that the outcome of a drunk driving injury case is solely determined by the driver’s blood alcohol content (BAC) at the time of the accident. While BAC is an important piece of evidence, it is not the only factor that matters. South Carolina law sets the legal limit for BAC at 0.08 percent for drivers over the age of 21, but there are other things that can influence the case. For example, how the accident happened and whether the injured party can prove that the drunk driver’s impairment caused the crash are crucial factors. Even if a driver’s BAC was over the legal limit, if the injured person cannot show that the driver’s impairment caused the accident, the case may not be as straightforward as it seems. Similarly, a driver who has a BAC below the legal limit may still be impaired and found responsible for an accident if their behavior shows they were not in control of the vehicle. This means the court will consider all the facts, not just the BAC.There Is No Defense Against a Drunk Driving Injury Case
Some people believe that there is no defense against a drunk driving injury case once it has been established that alcohol was involved. This is not true. Just because someone has been accused of drunk driving does not mean they do not have a defense. Every case is unique, and there may be valid defenses that can be raised depending on the circumstances. For instance, if the field sobriety test was improperly administered or the breathalyzer equipment was not functioning correctly, these issues could be brought up as part of the defense. It is also possible that the driver’s rights were violated during the traffic stop or arrest. In South Carolina, law enforcement must follow strict protocols when handling DUI cases, and any violations of these procedures could impact the outcome of the case. It’s important to understand that defending against a drunk driving injury case does not mean excusing reckless behavior. It means ensuring that the legal process is followed properly and that all facts are considered fairly."He has an innate ability to convey to clients what really matters in their cases."
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
C. Grubbs
Drunk Driving Cases Are Always Handled Quickly
There is a common belief that drunk driving injury cases are always resolved quickly because of the involvement of alcohol. In reality, these cases can take time to go through the legal system. Drunk driving cases, especially those involving serious injuries, are complex and often require a detailed investigation. Both sides will need to gather evidence, which can include police reports, witness statements, and testimony. It is also possible that the case will go to trial, which can further extend the timeline. Although many cases are settled out of court, the process of negotiating a settlement can take months or even longer. The length of time it takes to resolve a drunk driving injury case depends on many factors, including the severity of the injuries, the willingness of the parties to reach a settlement, and how busy the court system is. It is important to have patience and work with a legal team that can guide you through this process.The Injured Person Will Automatically Get a Large Settlement
Many people assume that if they are injured by a drunk driver, they will automatically receive a large settlement. While it is true that drunk driving cases can result in significant compensation for the injured party, it is not guaranteed. The amount of compensation a person receives will depend on several factors, including the severity of their injuries, the extent of their medical bills, and whether they were partially at fault for the accident.Related Videos
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