When it comes to defending drunk driving injury cases in South Carolina, many people have misconceptions about how these cases are handled. Understanding the facts can help you make better decisions if you are involved in an accident where alcohol played a role. Misunderstandings often arise due to the complex nature of the legal process, media reports, or what people have heard from others. To clear up some of these misconceptions, it’s important to take a closer look at the truth behind these cases. At, The Bateman Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
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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.
"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." "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." "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.""He has an innate ability to convey to clients what really matters in their cases."
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"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
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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.
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In South Carolina, the law allows injured parties to recover damages for medical expenses, lost wages, pain and suffering, and more. However, just because a person was injured by a drunk driver does not mean they will automatically receive a large payout. The injured party must still prove their case, and the amount of compensation they receive will depend on the strength of the evidence and the specific details of the case.
Insurance Will Cover All Costs
Another misconception is that the insurance company will automatically cover all the costs related to a drunk driving accident. While insurance may cover some expenses, it is not always enough to fully compensate the injured party. Insurance companies often try to minimize the amount they pay out, and they may offer a settlement that is far less than what the injured person deserves.
In South Carolina, drivers are required to carry liability insurance, but the minimum coverage may not be enough to cover all the damages in a serious accident. This is especially true in cases where the injured person has long-term medical needs or is unable to return to work due to their injuries. In these situations, the injured party may need to pursue additional compensation through a lawsuit to make up the difference.
The Legal Process Is Too Complicated to Pursue a Claim
Some people think that the legal process for a drunk driving injury case is too complicated and that it is not worth pursuing a claim. While it is true that these cases can be complex, that should not deter someone from seeking justice. An experienced attorney can help guide the injured person through the process, making it easier to understand what steps need to be taken and what to expect.
It is important not to let fear of the legal process stop you from pursuing the compensation you deserve. The legal system exists to help people who have been wronged, and there are resources available to ensure that you have the support you need throughout the case. Working with a lawyer who has experience in drunk driving injury cases can make a big difference in the outcome of your case.
If you or someone you love has been injured in a drunk driving accident in South Carolina, it’s important to seek legal advice. Defending against drunk driving injury cases involves understanding the facts, challenging common misconceptions, and navigating the legal process. Each case is unique, and it is important to have a lawyer by your side who can help you make the best decisions for your situation.
The Bateman Law Firm is here to help. Our team has experience in handling drunk driving injury cases, and we are dedicated to protecting your rights. Contact us today to discuss your case and learn more about how we can assist you. We offer free consultations and work on a contingency fee basis, so you won’t owe us anything unless we achieve a successful result for you. Call The Bateman Law Firm today to get the help you need.