Drunk driving accidents are common in Richland County. According to the South Carolina Department of Public Safety, our county experienced 328 nonfatal DUI accidents in 2023, which is similar to numbers in other years. Behind these numbers are real people and their families who are devastated by these accidents. Survivors deal with pain and mental distress while struggling financially to afford necessary medical care.

Contact Hart Law if you are injured in an accident and need legal help filing an injury claim. A Dentsville DUI accident attorney with our firm can discuss what happened and provide more individualized advice about how to approach your case. Our law firm serves clients throughout Columbia, SC, and the surrounding area, and we are ready to fight aggressively for every innocent victim we represent.

Your Rights as a DUI Victim

DUI is a crime in South Carolina, but if you are hurt by a drunk driver in a crash, you can seek a civil remedy, financial compensation in particular. Our firm has negotiated settlements for compensation to cover out-of-pocket expenses and provide something for the pain they suffer.

We can help file an injury claim on your behalf against the driver’s insurance policy. We might also file a legal claim against anyone else who has partial liability for the crash, like a restaurant or bar that served the drunk driver. This is known as social host liability, and South Carolina law allows civil claims against establishments that serve alcohol to someone who later causes a drunk driving accident.

Drunk driving is reckless behavior that puts every person on the road at risk. When an intoxicated driver causes a car crash, they should be held accountable. Our legal team knows how to identify all liable parties and pursue compensation on your behalf.

We often seek compensation for:

  • Medical bills, past and future
  • Lost wages or income
  • Loss of earning capacity
  • Mental distress or anguish
  • Pain and suffering
  • Damage to your vehicle and other property

We can also review whether you should request punitive damages. South Carolina Code § 15-32-520(D) allows victims to seek punitive damages if they have clear evidence that a defendant acted recklessly or in a willful and wanton manner. Drunk driving accidents usually qualify. Punitive damages exist to punish reckless behavior and protect public safety by sending a clear message that drunk driving has serious legal consequences.

Common Injuries from Drunk Driving Accidents

Drunk driving car crashes often cause serious physical injuries because impaired judgment leads to high-speed collisions, wrong-way driving, and other dangerous situations. The physical pain and emotional trauma from these accidents can last for months or years.

Common injuries in drunk driving accident cases include:

  • Broken bones and fractures
  • Head and traumatic brain injuries
  • Spinal cord injuries
  • Catastrophic injuries that result in long-term disability
  • Soft tissue damage and internal injuries

Mounting medical bills from emergency room visits, surgery, and ongoing medical treatment can overwhelm an innocent victim quickly. That is why recovering compensation for the full extent of your physical injuries and property damage is so important. Our injury lawyers work to make sure no loss is left out of your personal injury claim.

In the most serious cases, a drunk driving accident can result in wrongful death. If you have lost a family member because of a drunk driver, our law firm can help grieving families seek justice and full and fair compensation.

Timeline of a DUI Case

Your case begins as soon as you are hurt in a crash with a drunk or drugged driver. You should immediately call the police so an officer can investigate. The officer might ask the driver to take field sobriety tests or give a breath sample. We can request access to the test results when bringing a claim.

Here is an overview of the process:

  1. Evidence collection at the scene. We want to reconstruct what happened, so get pictures of the vehicles (if you can) and collect witness information. Police reports and police officer observations at the accident scene are some of the most useful pieces of evidence in drunk driving cases.
  2. Initial medical treatment. Visit the hospital for treatment so your injuries are properly diagnosed. Some people need life-saving surgery, while others will need bones set or shots to reduce swelling. Going to the emergency room right away also creates a medical record that links your physical injuries to the car accident.
  3. Ongoing treatment. Serious injuries require months of rehabilitation. You should follow your doctor’s treatment plan, which gives you a shot at full recovery.
  4. Consultation with an attorney. You want to hire a lawyer quickly so they can begin gathering evidence for your case. Case analysis includes reviewing how much your care has cost and other economic losses.
  5. Negotiation. Our firm can negotiate with the at-fault driver or other defendants for compensation. This step could take several months.
  6. Litigation. Although we settle most cases, we also file a lawsuit to protect your rights.

You can pursue compensation even if the driver is never criminally convicted of DUI or if they accept a plea deal. Criminal charges and civil claims are separate legal processes. A drunk driver can avoid a criminal conviction but still be held responsible in a personal injury lawsuit.

Proving Liability in a Drunk Driving Accident Case

To win a personal injury case involving a drunk driver, we must prove liability. This means showing that the intoxicated driver acted carelessly and that their reckless behavior caused your injuries. Our legal team gathers evidence from multiple sources to build the strongest possible case.

Evidence we use to prove liability includes police reports, blood alcohol content test results, surveillance footage, witness statements, and accident reconstruction. A law enforcement officer’s report from the scene is especially valuable because it documents the officer’s observations of the other driver’s condition and behavior.

Insurance adjusters and the insurance company representing the drunk driver will look for ways to reduce what they pay. Our injury lawyers know how to counter these tactics and fight aggressively for maximum compensation. We handle all communication with the insurance company so accident victims are not pressured into accepting less than they deserve.

Deadlines for Personal Injury Cases

You also need to file a lawsuit within three years of the accident, as required by the South Carolina statute of limitations. Call our office to find out if we can help. Anyone who files too late will likely have their case dismissed.

South Carolina law sets this deadline firmly, and missing it almost always means losing your right to recover money for your losses. Do not wait to speak with a personal injury lawyer. The sooner our legal team can begin working on your personal injury case, the better your chances of a strong outcome.

Frequently Asked Questions (FAQs) about Dentsville DUI Accidents

Will I have to testify at trial?

Personal injury trials are rare. We can usually settle with the defendant for fair compensation, but our firm is unafraid of litigation. Our founder, Chris Hart, spent years studying the most accomplished trial attorneys in the state, and he brings extensive experience to his cases. Contact us to see if we can help. Most DUI accident cases resolve through negotiation, but if the insurance company refuses to offer fair compensation, we are fully prepared to take your case to court.

What is the average settlement for a DUI accident?

There is no single “average” number that is helpful. Each case is different. If you suffer major injuries like a concussion or back injury, you will likely receive more compensation than if you only suffer a bruise on your chest. Factors like your medical bills, lost income, property damage, emotional distress, and the severity of the drunk driver’s reckless behavior all affect the value of your personal injury claim.

Can I bring a claim if the driver’s blood alcohol concentration was under 0.08?

Yes. If the driver was impaired in any way, then you might make a legal claim for compensation. Drivers must operate their vehicles with sufficient care. If they don’t, any victim may seek compensation. Impaired judgment from alcohol, drugs, or even distracted driving can all support a personal injury lawsuit, regardless of whether the driver was over the legal limit.

Can I sue a bar or restaurant for a drunk driving accident?

Yes, in some situations. South Carolina law recognizes social host liability, which means a business that served alcohol to a visibly intoxicated person may share responsibility for a drunk driving accident that person causes. Civil claims against bars, restaurants, and other establishments are possible alongside a claim against the drunk driver. Our law firm can investigate whether social host liability applies in your case.

What if the drunk driver has no insurance coverage or limited coverage?

This is a common concern after a drunk driving car accident. If the at-fault driver has no insurance or not enough insurance coverage to cover your losses, there may still be options. Your own uninsured or underinsured motorist coverage may apply, and our legal team can review all potential sources of compensation on your behalf. In cases involving social host liability, the establishment’s insurance may also be available.

How much does it cost to hire a personal injury lawyer for a DUI case?

Most personal injury lawyers, including our firm, handle drunk driving accident cases on a contingency fee basis. This means you pay no attorney’s fees upfront. We only get paid if we recover money for you, so there is no financial risk in contacting us. A free consultation costs nothing and gives you a clear picture of your legal options.

Call Hart Law to Schedule Your Free Consultation

DUI accident cases are hard. Insurance companies often try to avoid paying compensation, so hiring the right law firm with experienced personal injury lawyers is your best bet. Call us at (803) 771-7701 to schedule a free consultation.

Our law firm serves accident victims throughout Dentsville, Columbia, SC, and all of South Carolina. If a drunk driver or other negligent driver caused your car accident, our injury lawyers are here to help you seek justice and pursue compensation for every loss. Do not face this legal process alone. Contact us today for a free consultation and let our legal team fight aggressively for the full and fair compensation you deserve.