Drunk Driving Accidents Small Firm. Big Practice.

Drunk Driving Accident Attorney in Charleston

$369 Million Recovered. Fighting for Victims of Impaired Drivers Across South Carolina.

Being hit by a drunk driver changes everything in an instant. What many victims don’t realize is that the criminal DUI case the state pursues against that driver is entirely separate from your right to seek civil compensation. You can bring a personal injury claim regardless of whether the driver is charged, convicted, or acquitted. The legal standard is different: a civil claim requires only a preponderance of the evidence, meaning it’s more likely than not that the driver’s conduct caused your injuries, rather than the beyond-a-reasonable-doubt threshold prosecutors must meet.

Since 2005, our attorneys at Thurmond Kirchner & Timbes, P.A. have recovered more than $369 million in settlements and verdicts for clients across South Carolina. We represent injured people, not defendants, and we’re prepared to pursue every available avenue of compensation on your behalf. If you or a family member was injured in a crash involving an impaired driver, call us today at (843) 790-0083 for a free consultation.

How South Carolina Law Applies to Drunk Driving Injury Claims

South Carolina law gives drunk driving accident victims several distinct legal tools. Understanding how each one works, and how they interact, is essential to building a strong claim.

Negligence Per Se Under South Carolina’s DUI Statute

South Carolina Code Section 56-5-2930 prohibits driving with a blood alcohol concentration of 0.08 percent or above. When a driver violates that statute, an injured victim can invoke negligence per se, a doctrine that treats the statutory violation itself as evidence of a breach of duty. You don’t need to separately prove the driver behaved unreasonably. The DUI violation does that work. And because the civil case proceeds on its own track, a plea deal or even an acquittal in criminal court doesn’t end your civil claim.

Modified Comparative Negligence & the 51 Percent Bar

South Carolina follows the modified comparative negligence rule established in Nelson v. Concrete Supply Co. (1991). Under this rule, you can recover compensation as long as your share of fault for the crash doesn’t exceed the other party’s. If you’re found 51 percent or more at fault, recovery is barred entirely. At a lower percentage, your damages are reduced by that proportion. Insurance companies know this rule well and routinely try to shift partial blame onto victims to reduce their exposure. Building a documented, fact-based record early in the process is a strong defense against that tactic.

Dram Shop Liability for Alcohol-Serving Establishments

The impaired driver may not be the only party with civil exposure. South Carolina courts recognize a common-law dram shop liability doctrine that can hold a bar, restaurant, or other establishment responsible when it serves alcohol to someone it knew, or reasonably should have known, was intoxicated and about to drive. There’s no specific dram shop statute in South Carolina, but the common-law doctrine creates a separate and potentially significant source of compensation beyond the claim against the driver.

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Contact Thurmond Kirchner & Timbes, P.A. Today

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Opinions From Those Who Matter Most

"I cannot recommend them highly enough."
I had the pleasure of working with Thurmond Kirchner & Timbes, P.A. and I cannot recommend them enough. From the moment I walked into their office, their professionalism and expertise were evident. Every attorney and staff member I interacted with was knowledgeable and genuinely dedicated to achieving the best outcome. Their meticulous attention to detail and strategic approach set them apart.

- James S.
"I can't thank them enough for being by my side."
The TKT lawyers and paralegals are top-notch when it comes to legal representation. They are thorough, professional, and do not stop until the obtain the best outcome for your situation. They always ensure you understand what is going on and never leave you in the dark. The team is understanding and makes sure you never face the legal system alone. I can't thank them enough for being by my side.

- Timothy C.
"The firm has your back 100% of the time."
Thurmond Kirchner & Timbes, P.A. has helped with all of our legal issues. You are always in expert hands and the firm has your back 100% of the time. Highly recommend their expertise for any legal needs.

- Maria J.
"Qualified Attorney With High Character and Integrity"
Chris Romeo (and his team) exceeded my expectations when handling an auto accident case for me.

- J.W.
"Masterful Results"
No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.

- L.H.
"They Work Hard & Get The Job Done For You!"
We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.

- A.E.
"I Was Never Once Judged"
Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.

- C.P.

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How We Build Your Drunk Driving Accident Case

A drunk driving accident claim relies on evidence gathered quickly. Our attorneys work to secure police reports, sobriety and BAC test results, witness statements, and any records from the criminal proceeding, including DUI pleas or convictions that can strengthen the civil case. We handle communication with the insurance companies so adjusters can’t pressure you into an early statement or a settlement that may undervalue your injuries.

Our team has represented victims in car accident, premises liability, and wrongful death matters throughout Charleston and across South Carolina. Insurance carriers often dispute injury severity or try to assign partial fault to the victim. We push back on both, helping ensure your account of what happened is supported by evidence and presented to the people deciding your claim.

Compensation Available in a South Carolina Drunk Driving Accident Claim

A civil claim can pursue two broad categories of damages. Economic damages cover quantifiable losses: medical bills, future treatment costs, lost wages, and property damage. Non-economic damages address pain and suffering, emotional distress, and the effect the injuries have had on your daily life and relationships.

Punitive damages are a third category and carry special significance in impaired-driving cases. They require clear and convincing evidence that the driver’s conduct was willful, wanton, or reckless, a higher evidentiary bar than the preponderance standard used for compensatory damages. South Carolina normally caps punitive damages at three times compensatory damages or a statutory maximum, whichever is greater. That cap doesn’t apply when the at-fault driver was under the influence of alcohol or drugs, which means impaired-driving cases may pursue uncapped punitive damages.

Filing Deadlines You Can’t Afford to Miss

South Carolina Code Section 15-3-530 sets a three-year statute of limitations for personal injury and wrongful death lawsuits arising from a drunk driving crash. For a personal injury claim, that period begins on the date of the accident. For a wrongful death claim, it begins on the date of death. Missing that deadline means losing the right to recover, regardless of how strong the underlying case is. If you’re unsure whether the clock is running on your claim, contact our attorneys as soon as possible.

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Why Choose us?

Knowledge. Experience. Results.

12 Attorneys on Staff

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We Educate Our Clients on the Legal Process With Its Inherent Risks & Rewards
Our Firm Develops a Unique Strategy for Each Case
We Are Boutique Firm With Large Firm Experience & Reputation
Each Client Receives Transparent Communication & Personalized Attention
Your Initial Consultation Is Free & Confidential

Steps to Take After a Crash Involving an Impaired Driver

What you do in the hours after a drunk driving crash directly affects both your health and the strength of any future claim. Call 911 immediately so law enforcement can document the scene and administer sobriety or BAC testing on the other driver. Get medical attention even if your injuries seem minor. Concussions and soft-tissue damage often aren’t immediately apparent but can carry serious long-term consequences.

Don’t discuss fault at the scene, and don’t give a recorded statement to the at-fault driver’s insurer before speaking with an attorney. Those statements can be used later to dispute liability or reduce your recovery.

When the Drunk Driver Has Little or No Insurance

A drunk driver who causes serious injuries doesn’t always carry adequate insurance to cover the full extent of your losses. If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage applies when the at-fault party’s policy limits fall short of your actual damages. South Carolina law also restricts insurers from raising your premiums solely because you used UM/UIM coverage, provided you weren’t found at fault for the crash. If you’re unsure what coverage is available in your situation, our attorneys can review the policies involved and help identify every potential source of compensation.

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