Have you just had a road accident with no fault of yours? Do you think that you were hit by a drunk driver? Even worse if it was a hit-and-run case? What should you do immediately after being hit in Greenville, SC?
Here’s a guide to help you if you are hit by a drunk driver in Greenville, SC.
If you are not seriously hurt, call 911. Even if it’s a hit-and-run case, calling 911 should be the first reaction. This will inform the police officials to investigate the matter further.
If the drunk driver is caught and found intoxicated, the rest of the ordeal would be easy.
Contact Prosecutor or Hire an Attorney
The state law of Greenville, SC, protects the right of a victim in a drunk driving case. The state prosecutor will press the criminal charges if the accused is arrested at the accident scene.
You can also be involved in the case if you want to claim for the damages caused. For this, you can contact a state prosecutor or a local DUI attorney for help. A DUI attorney will deal with the case better for a speedy process, all thanks to his hands-on experience. The attorney will help in pressing charges against the driver.
Deal With the Insurance Company
Dealing with the driver’s insurance company on your own for claiming your damages would be like calling trouble for yourself. To close the case sooner, the insurance company would negotiate with the minimal possible cost.
It is advisable not to fall for it. Take your time, consult an attorney and get an estimation of your damages before you choose to agree with the proposed compensation amount.
If the drunk driver does not have an insurance company, look out for compensation from your own insurance company. If your insurance company covers motorist coverage, file a claim. There are two types of motorist coverage that apply, i.e., underinsured or uninsured motorist coverage. An underinsured motorist coverage comes into action when the at-fault driver has insufficient insurance to cover the compensation amount. That’s when your own insurance company fills in the remaining amount.
Recover The Actual and Punitive Damages
Know the type of damages you can be compensated for. In Greenville, SC, you are entitled to recover the monetary, non-monetary, and punitive damages. Such expenses could cover medical expenses, loss of income, property damages, compensation for pain, suffering, emotional well-being, and others.
Punitive damages are a deterrent measure for the drunk driver. These are paid over and above the actual damages as a form of punishment for not considering public safety and defying the state’s laws.
Punitive damages also extend the limit of property damage as well bodily injury. This, in turn, helps the victim receive 50% to 100% more compensation than in the case of everyday circumstances.
Receive Compensation from the Establishment Insurance Company
Have you heard of South Carolina’s shop liability? According to this, if a bar or restaurant serves way too much alcohol to a person and then allows such person to get on the road, such bar or restaurant is equally responsible for the actions caused by the drunk driver.
As per this rule, the victim can also claim compensation from such a bar and restaurant for the compensation. This can help the victim cover the medical expenses to a great extent.
Protect Your Legal Gifts
The victim can also protect his legal rights by hiring an experienced personal injury attorney in Greenville, SC. Many laws govern a DUI case.
For instance, if the drunk driver was driving a public vehicle or a vehicle not of his own, the victim has the right to file a case against the original owner of the vehicle and get the rightful compensation. This is because the vehicle owner was probably aware of the driver’s drunken state and still gave the keys to their vehicle.
Moreover, if a drunk driver hits you while you are on the road due to work purposes, you are also entitled to worker’s compensation. This would also become a case of getting injured while being on duty. You can file worker’s compensation with your employer for the claim.
These were fewer rights you should know. An experienced DUI attorney would be better aware of such facts and help you in the right direction. Thus, if a drunk driver hits you in Greenville, SC, we highly recommend contacting a DUI attorney.