South Carolina aggressively prosecutes drunk drivers and for good reason. Intoxicated motorists cause thousands of accidents in the state each year, and Irmo is not exempt. We have seen friends and family struck down by intoxicated or high motorists, suffering major injuries in the process.

Hart Law is here to help. Our legal team believes that accident victims deserve compassion but also fair treatment. Contact us to discuss your wreck with an Irmo DUI accident attorney. We can seek financial compensation for your medical bills and other expenses.

What is a DUI Accident Claim?

Car accident victims can seek financial compensation from the person responsible for their crash. This same principle applies when a driver is drunk. Although DUI is a crime, it is also a civil wrong, which makes drunk drivers liable to the people they injure.

We can file an injury claim against the drunk driver for medical bills, lost wages, property damage, and pain and suffering. The defendant’s insurer might negotiate a settlement, but we are also prepared to sue the defendant in court.

Work with a lawyer. Many insurance companies unfairly deny that their insured was responsible for the crash, or they try to offer a small settlement.

Understanding the Scope of Car Accidents Caused by Drunk Drivers

Car accidents involving intoxicated drivers happen far too often in South Carolina. These crashes can occur at any time, but they are more common late at night and on weekends when people are leaving bars and restaurants. Drunk drivers pose a serious threat to everyone on the road.

The impact of these accidents extends beyond physical injuries. Victims often face emotional distress, financial hardship, and long-term medical needs. A car accident lawyer can help you understand your rights and pursue the compensation you deserve.

Motor vehicle accidents caused by drunk driving are different from other crashes. The legal process may involve both criminal proceedings against the driver and a civil claim for damages. These are separate matters that can proceed simultaneously.

Why DUI Accidents Are Dangerous

We often see more serious injuries when a driver is drunk, usually because they have engaged in riskier behavior:

  • Excessive speeding. Many intoxicated motorists are going 30 or 40 miles per hour over the speed limit. They can cause more serious injuries when they crash.
  • Running a red light. Drunk drivers often fly through an intersection at high speeds, catching other motorists by surprise.
  • Head-on collisions. Drunk drivers can also drive on the wrong side of the road, either because they cannot see clearly or because they fall asleep. Head-on collisions are serious accidents.
  • Failure to stop. After crashing, some intoxicated motorists flee the scene, leaving injured people to fend for themselves.

Our clients have suffered the full range of injuries, from fractures and whiplash to organ damage and serious brain injuries. You deserve a sense of justice. We can hold a drunk driver accountable for crashing into you.

The Serious Injuries Resulting from DUI Car Crashes

A car crash with an impaired driver often results in major injuries that require immediate medical attention. Traumatic brain injury, spinal cord damage, broken bones, and internal bleeding are common when drunk drivers cause high-speed collisions.

These injuries can change your life permanently. You may need months or years of medical care to recover. Some victims never fully heal and must learn to live with permanent disabilities or chronic pain.

Car accident injuries from DUI crashes tend to be more severe than other types of accidents. This is because intoxicated drivers often speed, run red lights, or cross into oncoming traffic. The force of impact in these accidents is typically much greater.

How Our Law Firm Helps Accident Victims in Columbia and Surrounding Areas

Our law firm serves clients throughout Columbia, SC, West Columbia, and Richland County. We have extensive experience handling car accidents involving drunk drivers and understand the unique challenges these cases present.

As an experienced Columbia law firm, we know the local courts and how judges handle DUI accident cases. This knowledge helps us provide better representation and achieve stronger results for our clients.

We provide personalized attention to each accident victim who comes to us for help. Your case is not just another file. We take time to understand how the accident has affected your life and what you need to move forward.

Our Practice Areas Cover All Types of Motor Vehicle Accidents

While we focus on DUI accidents, our practice areas also include representation for victims of distracted driving, speeding, and other forms of negligent driving. Whether you were hit by a drunk driver on Broad River Road or injured in a car wreck near Lake Murray, we can help.

We handle motor vehicle accidents of all types, including automobile accidents involving passenger vehicles, trucks, and motorcycles. Each type of crash requires specific knowledge and experience.

Proving Drunk Driving

To receive compensation, we must show the driver failed to drive with reasonable care. Getting behind the wheel with a high blood alcohol concentration is one way to do this.

We often rely on the same evidence the state would use if it brought criminal charges. Our firm can request access to any toxicology results or the police video showing the driver acting in a drunk manner. We might also ask witnesses to testify that the driver was stumbling when they exited the vehicle.

Gathering Crucial Evidence After the Accident Occurred

Crucial evidence in DUI cases includes police reports, breathalyzer results, field sobriety test videos, and witness statements. This evidence proves that the driver was intoxicated when the accident occurred.

A police report often contains important details about the crash, including the officer’s observations of the drunk driver’s behavior. Officers trained to recognize signs of impairment can provide powerful testimony.

Medical professionals who treated the driver at the scene or hospital may also provide evidence. Blood tests taken shortly after the accident can show the driver’s blood alcohol level at the time of the crash.

Why You Need Legal Representation After a DUI Accident

Legal representation is important in DUI accident cases because insurance companies often try to minimize their liability. They may argue that the driver was not actually drunk or that you contributed to the accident.

A car accident lawyer knows how to counter these arguments and build a strong case. We gather evidence, consult with experts, and present a compelling argument for why you deserve full compensation.

Without a lawyer, you may accept a settlement that does not cover your actual losses. Insurance companies count on victims not knowing the true value of their claims.

Seeking Compensation after an Irmo DUI Accident

Hart Law is relentless in seeking the maximum compensation for our clients. We might bring a claim against the following:

  • Drunk driver. The driver is always the focus of the defense. They should be held accountable for driving while intoxicated, and they should have a liability policy as required by the state.
  • Bars, taverns, or restaurants. South Carolina has a dram shop law, which allows victims to sue any establishment that provided alcohol to a drunk driver.
  • Vehicle owner. If the driver borrowed a car, then the owner might be liable for the crash.

Our firm is passionate about defending our clients’ rights to compensation. We prepare extensively for negotiation and have sat across from most of the state’s largest law firms.

Understanding Available Coverage and Insurance Options

Available coverage for your claim may come from multiple sources. The drunk driver’s insurance policy is the primary source, but other policies may also apply. Understanding all available coverage helps us pursue maximum compensation.

Your own insurance company may provide coverage through uninsured or underinsured motorist protection. This coverage applies when the drunk driver has no insurance or insufficient insurance to cover your damages.

Some victims do not realize they can file a claim with their own insurance company while also pursuing a claim against the drunk driver. An auto accident attorney can explain how these different claims work together.

Understanding Personal Injury Claims in DUI Cases

Personal injury claims against drunk drivers can include compensation for many types of losses. Beyond medical bills and lost wages, you may recover compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Personal injury law in South Carolina allows victims to seek both economic and non-economic damages. Economic damages have specific dollar amounts, while non-economic damages compensate you for intangible losses.

A personal injury lawyer calculates the full value of your claim by reviewing all your losses. We consider both current expenses and future needs to ensure you receive fair compensation.

The Importance of Medical Attention After Car Accidents

You should seek medical attention immediately after any car accident, even if you feel fine. Some injuries do not show symptoms right away. Brain injuries, internal bleeding, and soft tissue damage can worsen if left untreated.

Seeking medical attention also creates a record that supports your claim. Insurance companies may argue that your injuries were not serious if you did not see a doctor promptly. Gaps in treatment can hurt your case.

Follow all recommendations from your medical professionals. Attend follow-up appointments, complete physical therapy, and take prescribed medications. This shows that you are serious about your recovery.

Why Car Accident Victims Need a Columbia Attorney

Car accident victims face many challenges after a crash with a drunk driver. You may be dealing with serious injuries, mounting medical bills, and lost income from missing work. A Columbia attorney can handle the legal matters while you focus on healing.

The legal process can be confusing and stressful. Insurance companies use complicated language and delay tactics to frustrate victims. Having an attorney on your side levels the playing field.

An experienced accident attorney knows how to deal with insurance companies and their adjusters. We do not let them take advantage of you or pressure you into accepting an unfair settlement.

How Injury Cases Progress from Claim to Compensation

Injury cases typically begin with filing a claim with the drunk driver’s insurance company. We submit a demand letter explaining why their insured is liable and how much compensation you deserve.

The insurance company will investigate the claim and may make a settlement offer. Most injury cases settle without going to court, but we prepare every case as if it will go to trial.

If we cannot reach a fair settlement through negotiation, we file a lawsuit in court. This shows the insurance company that we are serious about getting you just compensation.

The Impact of Drunk Driving on Injury Victims and Their Families

Injury victims of drunk drivers often experience life-changing consequences. Beyond physical injuries, these accidents cause financial stress, emotional distress, and strain on family relationships.

Families of accident victims also suffer. They may need to provide care for their injured loved one, miss work to attend medical appointments, and struggle with the emotional toll of seeing someone they love in pain.

South Carolina recognizes these impacts and allows victims to seek compensation for all losses. This includes compensation for family members who lose the companionship and support of their injured loved one.

Protecting Your Legal Rights and Best Interests

Protecting your legal rights starts with understanding what you are entitled to under South Carolina law. You have the right to pursue compensation from anyone whose negligence caused your injuries.

Your best interests require careful handling of your claim. Accepting the first settlement offer is rarely in your best interests. Insurance companies typically offer less than your claim is worth.

A personal injury attorney protects your best interests by evaluating settlement offers and advising you whether to accept or continue negotiating. We never pressure you to settle, but we do provide honest guidance.

Understanding Punitive Damages in DUI Accident Cases

Punitive damages serve a different purpose than regular compensation. While regular damages compensate you for your losses, punitive damages punish the drunk driver for their reckless behavior.

South Carolina law allows punitive damages when the defendant’s conduct was willful, wanton, or reckless. Drunk driving often meets this standard because the driver made a conscious choice to get behind the wheel while intoxicated.

Punitive damages can significantly increase the value of your claim. However, they are not available in every case. A car accident lawyer can evaluate whether you have grounds to request punitive damages.

How Punitive Damages Differ from Other Compensation

Unlike regular compensation that covers your actual losses, punitive damages are designed to deter similar conduct in the future. They send a message that drunk driving will not be tolerated.

The amount of punitive damages depends on several factors, including how reckless the driver’s conduct was and their financial resources. Courts consider whether the defendant showed any remorse or has a history of similar behavior.

Punitive damages are added on top of your regular compensation for medical bills, lost wages, and pain and suffering. This means your total recovery can be substantially higher in cases where punitive damages apply.

Working with Our Legal Team for a Positive Outcome

Our legal team has combined experience handling hundreds of car accidents involving drunk drivers. We understand what it takes to achieve a positive outcome for our clients.

A positive outcome means different things to different people. For some, it means receiving enough compensation to cover all medical expenses and lost wages. For others, it means holding the drunk driver accountable and preventing them from hurting others.

We work toward the best result possible in every case. This includes thorough investigation, aggressive negotiation with insurance companies, and skilled representation in court when necessary.

Why Experience Matters in Motor Vehicle Accident Cases

Motor vehicle accident cases require specific knowledge and skills. Accident lawyers who regularly handle these cases understand the evidence needed, the legal arguments that work, and how to present your case effectively.

We have dealt with every type of insurance company tactic and delay. We know when an offer is fair and when to push for more. This experience helps us get better results for clients.

Motor vehicle accident cases also require an understanding of traffic laws, accident reconstruction, and medical terminology. Our legal team has this knowledge and uses it to build stronger cases.

FAQs: Irmo DUI Accidents

How much time do I get to sue?

The statute of limitations for personal injuries is three years in South Carolina. (S.C. Code § 15-3-530(5).) If you miss this deadline, then you will lose the ability to sue, which can mean no compensation for your injuries. Contact Hart Law. We can file a lawsuit before the relevant deadline. That provides protection and strengthens your negotiating hand. Waiting too long to file a personal injury claim can have serious consequences. Evidence disappears, witnesses forget important details, and you lose your ability to hold the drunk driver accountable. An Irmo DUI accident attorney can ensure you meet all deadlines.

Can I request punitive damages?

Possibly. Punitive damages are reserved for only certain personal injury accidents. Under the law, you can request them if the defendant’s conduct was reprehensible, above mere negligence. Drunk driving often qualifies. Let us analyze whether you can request punitive damages and how to go about it. Not every DUI case qualifies for punitive damages. The drunk driver’s blood alcohol level, their driving behavior, and whether they have prior DUI convictions all factor into this decision. A car accident attorney can review your case and determine if punitive damages are appropriate.

Will my own negligence matter in a DUI case?

It might. South Carolina’s comparative negligence law can reduce the compensation you receive. Let us review the facts. Even if the other driver was drunk, you can still lose your right to compensation if you were more than 50% at fault for the accident. For example, if you were also speeding or ran a red light, the insurance company might argue you share blame. However, this does not mean you will get the same result as if you were not at fault. Your compensation will be reduced by your percentage of fault.

What should I do immediately after a DUI accident?

First, call 911 to report the accident and request medical help. Even if your injuries seem minor, seek medical attention. Some injuries, like traumatic brain injury or internal bleeding, may not show symptoms immediately. Second, document the scene if you are able. Take photos of vehicle damage, injuries, and the surrounding area. Get contact information from witnesses. This evidence can be important later when filing your claim. Third, contact a car accident lawyer as soon as possible. Early legal representation helps protect your rights and ensures important evidence is preserved. Do not give a recorded statement to any insurance company before speaking with an attorney.

How long does it take to resolve a DUI accident case?

The timeline varies depending on the severity of your injuries and the complexity of your case. Simple cases might settle in a few months, while complex cases involving major injuries can take a year or more. You should not rush to settle before you understand the full extent of your injuries. Some conditions worsen over time or require ongoing medical care. Waiting until you reach maximum medical improvement ensures you receive full compensation for all your needs. Criminal charges against the drunk driver proceed on a separate timeline from your civil claim. You do not need to wait for the criminal case to finish before filing your personal injury claim.

Can I still file a claim if the drunk driver has no insurance?

Yes. You can file a claim with your own insurance company under your uninsured motorist coverage. This coverage is designed to protect you when the at-fault driver has no insurance. If the drunk driver has some insurance but not enough to cover your damages, your underinsured motorist coverage may apply. This coverage fills the gap between what the drunk driver’s policy pays and what you actually need. An auto accident attorney can review all available coverage options and help you file claims with the appropriate insurers. We work to identify every possible source of compensation.

What types of compensation can I pursue after a DUI car accident?

You can pursue compensation for medical bills, lost wages, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. If your injuries are permanent, you can also claim future medical expenses and lost income. In DUI cases, you may also request punitive damages to punish the drunk driver for their reckless behavior. These damages are in addition to regular compensation for your losses. The total value of your claim depends on many factors, including the severity of your injuries, the impact on your ability to work, and how the accident has affected your daily life. A personal injury attorney can calculate the full value of your claim.

Will I have to go to court?

Most car accident cases settle without going to court. Insurance companies often prefer to settle rather than risk a jury verdict that could be even higher. However, if the insurance company refuses to offer fair compensation, we will file a lawsuit and take your case to court. We prepare every case as if it will go to trial, which shows the insurance company we are serious. Going to court does not mean you will get less compensation. In fact, juries often award more compensation in DUI cases than insurance companies are willing to pay in settlement negotiations.

Connect with an Experienced DUI Accident Lawyer in Irmo

Hart Law is rapidly establishing a reputation for aggressive representation of accident victims in Irmo and the surrounding areas. Call us at (803) 771-7701 to schedule a free consultation to review your injuries and the details of the accident.

Our legal team provides personalized attention to every client. We understand that car accidents involving drunk drivers affect every aspect of your life. From dealing with insurance companies to managing medical care, we are here to help.

Contact us today to speak with an Irmo DUI accident attorney about your legal options. We offer free consultations where we review your case, answer your questions, and explain how we can help you pursue just compensation.

Do not let insurance companies take advantage of you after a drunk driver caused your injuries. Our accident lawyers fight for maximum compensation and fair settlements that reflect the true cost of your losses. We handle all legal matters so you can focus on healing and rebuilding your life.