Halloween weekend brings a mix of foot traffic, golf carts, and parties to neighborhoods across Spartanburg, Greenville, and Anderson that most other nights of the year simply don’t see. Costumed kids move unpredictably between parked cars, families use golf carts to get from house to house in neighborhoods and lake communities, and Halloween parties mean more people on the road who’ve been drinking. All three of those factors raise the risk of a serious accident on and around October 31.
Trick-or-treating itself deserves a reminder every year, because the risks are easy to underestimate. Costumes and masks limit visibility and peripheral vision, kids dart between vehicles without warning, and most trick-or-treating happens right at dusk, when drivers’ eyes haven’t fully adjusted to the fading light. Adding reflective tape or a small flashlight to a costume, and slowing well below the posted speed limit in residential neighborhoods between roughly 5:30 and 9:00 p.m., are simple steps that meaningfully reduce risk. Drivers backing out of driveways should take an extra beat to check for kids who may already be behind the vehicle.
Golf carts add another layer worth understanding, since many Upstate neighborhoods and nearby lake communities rely on them to shuttle trick-or-treaters around. South Carolina law requires golf cart drivers to be at least 16 years old with a valid driver’s license, and the cart itself must be registered with the SCDMV and display a permit decal, which requires proof of ownership and liability insurance. Carts are limited to roads posted 35 mph or under, may only cross higher-speed roads at intersections, and generally can’t travel more than four miles from the address on the registration. The default rule also restricts golf carts to daylight hours — nighttime operation is only legal if the local municipality has passed an ordinance allowing it and the cart has functioning headlights and taillights. Because Halloween trick-or-treating runs right through dusk and into darkness, it’s worth checking whether your cart is actually equipped and permitted for that. It’s also worth knowing that South Carolina’s DUI laws apply to golf carts exactly as they do to cars.
The most serious Halloween risk, though, tends to come from drunk driving. With more parties and gatherings happening than usual, more impaired drivers end up on the road at exactly the same time kids are out walking. If you or a family member is hit by a drunk driver, South Carolina’s dram shop law may allow you to pursue compensation not just from the driver, but from the bar, restaurant, or licensed establishment that served them, if that establishment knew or should have known the person was already intoxicated. Liability for private hosts serving guests at a party is more limited and depends heavily on the specific facts.
It’s also worth knowing that this law changed in a meaningful way at the start of 2026. Establishment liability is now capped at 50% of a victim’s damages when both the drunk driver and the establishment are found at fault, whereas previously an establishment found even minimally responsible could potentially be held liable for the full amount. The law also now applies a uniform “knew or should have known” standard for intoxication, and requires servers and managers at licensed establishments to complete state-approved alcohol training within 60 days of being hired. For victims, the practical effect is that fully recovering compensation after a drunk driving accident often now depends on pursuing both the driver and the establishment together, particularly when the driver doesn’t carry enough insurance to cover the harm caused.
If you’re injured by a drunk driver this Halloween, don’t assume the driver’s insurance alone will cover everything. Identifying every party who may share responsibility — including where and how the driver was served — is often the difference between a partial recovery and a fair one.
Frequently Asked Questions
Can a bar or restaurant be held liable if they served alcohol to someone who later caused a Halloween accident?
Potentially, yes, under South Carolina’s dram shop law, if the establishment knew or should have known the person was already intoxicated when served. Liability for a private individual hosting a party is more limited and depends on the specific circumstances.
Are golf carts legal to drive at night on Halloween?
Only if your local municipality has passed an ordinance allowing nighttime golf cart use and the cart has working headlights and taillights. Otherwise, South Carolina’s default rule restricts golf carts to daylight hours, which is worth checking before using one for trick-or-treating after dusk.
How did South Carolina’s dram shop law change in 2026?
As of January 1, 2026, an establishment’s liability is capped at 50% of damages when both the drunk driver and the establishment share fault, a uniform “knew or should have known” standard now applies to intoxication, and servers must complete state-approved alcohol training within 60 days of hire.
What should I do if I’m hit by a drunk driver on Halloween?
Prioritize safety, call the police, and get medical attention even if injuries seem minor. Rather than relying solely on the driver’s insurance, it’s worth having an attorney evaluate whether an establishment or other party may also share responsibility.
The information in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Hodge Law Firm. Every case is different, and past results do not guarantee similar outcomes in future matters. If you have questions about a specific situation, please contact our office directly to speak with an attorney.