Drunk driving is a major public safety threat. South Carolina criminalizes drunk driving, but injured victims can also seek justice by bringing a civil personal injury claim. This type of claim seeks compensation for all losses stemming from the crash, including the cost of medical care and car repairs.

Hire an experienced law firm for assistance with your claim. Hart Law knows how to bring these cases in an effective and efficient manner. We can review your medical records and the police report to check if your claim has merit. Call to schedule a free consultation with an Aiken DUI accident attorney.

Drunk Driving Accidents in Aiken, SC

Drunk driving accidents happen every day across Aiken County and throughout South Carolina. When an intoxicated driver gets behind the wheel, everyone on the road is at risk. These crashes often happen suddenly, giving victims no time to react.

Aiken, SC, sees its share of serious DUI crashes each year. Many occur on busy roads and highways throughout the Central Savannah River area. The results can be life-changing, from broken bones to permanent disability, and families are often left dealing with the aftermath for years.

Our law firm has helped victims across Aiken County and Aiken, South Carolina, fight for the compensation they deserve. If you or someone you love was hurt by a DUI driver, our attorneys are ready to help you pursue compensation and hold the intoxicated driver accountable.

Drunk Driving Accidents Cause Serious Injuries

Drunk drivers crash into motorists and pedestrians when running a red light or swerving all over the road. Alcohol can impair a driver’s reflexes, so they cannot brake in time when they see an intersection up ahead or a driver pull into the road in front of them.

Victims often struggle with the following injuries after a crash:

  • Head and neck injuries
  • Fractures
  • Joint injuries
  • Organ damage
  • Facial disfigurement
  • Scarring
  • Back injuries
  • Paralysis
  • Emotional injuries, including PTSD

Never assume your injuries are too “minor” to warrant compensation in a legal claim. Contact our office quickly. South Carolina gives most personal injury victims only three years to file a lawsuit. (South Carolina Code § 15-3-530.)

Some crashes cause great bodily injury or death. These cases carry more serious consequences for the at-fault driver and may result in both criminal charges and a civil lawsuit. Our firm handles both straightforward and complex DUI injury cases throughout Aiken, SC, and Aiken County.

How a DUI Accident Investigation Works

A strong investigation is the foundation of any successful personal injury case. After a drunk driving accident, our law firm moves quickly to preserve and gather evidence before it disappears. The more evidence we have, the stronger your case becomes.

Our attorneys collect a wide range of materials during the investigation. This includes the police report, medical records, witness statements, surveillance video from nearby businesses or traffic cameras, and accident reconstruction reports. Accident reconstruction experts can recreate exactly how the crash happened, which helps prove the intoxicated driver was at fault.

We also look at field sobriety tests, breathalyzer results, and blood alcohol concentration data from the night of the crash. All of this evidence helps us build a complete picture of what happened and who is responsible. Protecting your right to full and fair compensation starts with a thorough investigation.

We Can Seek Damages from Liable Defendants

Any number of people could be defendants in a DUI accident case:

  • Drunk driver. This driver is responsible for their actions, which led to the crash. We can submit a claim on their liability insurance or sue them personally.
  • Vehicle owner. The owner could be liable if they lent the vehicle to someone who was visibly intoxicated.
  • Taverns, bars, or restaurants. These establishments might be liable under the state’s dram shop law for serving a visibly intoxicated person. Dram shop cases require their own evidence and legal strategy, and our firm knows how to handle them.

Our objective is to maximize the compensation our clients receive. Sometimes we can sue more than one defendant for the same accident, which improves the odds of receiving a fair settlement. Protecting every available source of compensation for our clients is always a priority.

Dram Shop Liability in South Carolina

South Carolina’s dram shop law allows victims of drunk driving accidents to hold bars, restaurants, and other alcohol-serving establishments responsible in certain situations. If a business served alcohol to a visibly intoxicated person who then caused a crash, that business may share liability.

Dram shop cases require specific evidence, including witness accounts, receipts, and surveillance video showing how much alcohol was served and the condition of the customer at the time. These cases are more complex than a standard personal injury claim, and having a knowledgeable attorney in Aiken, SC makes a real difference.

Our law firm has experience handling dram shop claims alongside traditional DUI cases in Aiken County and across SC. When multiple defendants share responsibility, victims have a better chance of recovering damages that fully cover their losses.

Calculating the Value of an Injury Claim

Compensation will depend on your injuries and other factors. We seek damages for:

  • Medical care, emergency care, and ongoing rehabilitation or pain management.
  • Job-related losses, including lost wages, as well as lost benefits.
  • Damage to property, including necessary repairs for your motor vehicle.
  • Pain and suffering for the distress suffered from injuries.
  • Punitive damages are a punishment for the driver’s dangerous behavior.

Medical bills can pile up fast after a serious DUI accident. Medical treatment may continue for months or even years, depending on the severity of your injuries. Our attorneys account for both current and future medical bills and lost wages when calculating what your case is worth.

If a loved one died, we might bring a wrongful death claim for the surviving family members. Contact Hart Law to discuss whether a wrongful death action is feasible. This is a special type of personal injury claim, and you need a lawyer familiar with the legal process for obtaining compensation.

Personal Injury Cases Involving DUI Drivers

Personal injury cases that involve a DUI driver are different from other auto accidents in several ways. The fact that the driver was intoxicated can be used as evidence of negligence, which strengthens your civil claim. In some situations, it also opens the door to punitive damages, which are meant to punish especially dangerous behavior.

DUI cases in SC often run alongside criminal cases. While the criminal case is handled by the state, your civil personal injury claim is handled separately. You can recover damages in court even if the driver is not convicted or if criminal charges are reduced or dropped.

Our firm handles personal injury cases throughout Aiken County, Aiken, SC, and Lexington. We give each case personal attention and work hard to achieve the best possible outcome for our clients. Whether your case settles or goes to court, we are ready to fight every step of the way.

Legal Representation Against Insurance Companies

Insurance companies do not always play fair after DUI accidents. They may try to minimize your injuries, question your medical treatment, or pressure you into accepting a low offer. Having strong legal representation changes that dynamic.

Our attorneys deal with opposing counsel and insurance adjusters directly. We handle all communication on your behalf so you can focus on recovery. We know the tactics insurers use and how to counter them to protect your outcome.

Legal representation from an experienced Aiken personal injury law firm also signals to the other side that you are serious. Firms that regularly handle DUI cases in SC and Aiken County know how to push back when insurance companies refuse to offer a fair settlement.

Workers Compensation and DUI Accident Claims

If you were injured in a drunk driving accident while working, you may have both a workers’ compensation claim and a civil personal injury claim. Workers’ compensation covers injuries that happen on the job, regardless of fault. A third-party personal injury claim allows you to pursue compensation from the intoxicated driver as well.

Having both claims running at the same time can be complicated. Our law firm helps clients in Aiken, SC, understand how both types of claims work and how to obtain the most compensation possible from all available sources.

Protecting your rights in both a workers’ compensation and a civil litigation matter requires a law firm that understands South Carolina law inside and out. Our attorneys in Aiken County are here to guide you through the entire process.

Aiken DUI Accident Frequently Asked Questions

Q. Are drunk driving injuries more serious?

They can be. Some drunk drivers are speeding at the moment of the crash, so more force is generated. Other drunk driving accidents are head-on collisions, which are an especially dangerous type of accident. Many of our clients are dealing with permanent brain injuries, spinal injuries, and fractures. Call our office to discuss your case.

Q. Are you required to hire a lawyer to bring a DUI accident claim?

No. South Carolina does not require that injured motorists hire a lawyer to handle their case. However, there are tangible benefits to hiring legal counsel. A lawyer will know how to negotiate a settlement with insurance companies. We can also analyze how much is a fair settlement. Someone without a lawyer is at risk of settling for too little compensation in a case. You do not want to sign away your rights.

Q. Can I seek compensation if the state does not press charges against the drunk driver?

Yes. Whether the state brings charges depends on many considerations. Your ability to recover damages in a civil suit is independent of the criminal cases. We might rely on much of the same evidence, including any breathalyzer results and blood alcohol concentration data. However, your right to pursue compensation does not depend on whether criminal charges are brought.

Q. What if the driver’s BAC was less than 0.08%?

You can still recover damages if the driver was impaired by alcohol or drugs. The legal standard for auto accidents is negligence, which means the driver failed to use the care a reasonable motorist would use. Even someone with a blood alcohol concentration under 0.08% is likely impaired and should not be driving. Our attorneys in Aiken, SC, can review the evidence in your case and explain your legal options.

Q. How long does a DUI personal injury case take?

Every case is different. Simple cases with clear evidence may settle within a few months. More complex cases, especially those involving litigation, accident reconstruction, or disputes over medical treatment, can take longer. Our firm keeps clients informed throughout the process and works to reach the best outcome as efficiently as possible.

Q. What evidence helps a DUI accident case?

Strong evidence makes a big difference. Useful materials include the police report, medical records, surveillance video, field sobriety tests, blood alcohol concentration results, and accident reconstruction reports. Witness statements and photos from the scene also help. Our investigation team works quickly to gather this evidence before it is lost.

Q. Can a passenger in the drunk driver’s car file a personal injury claim?

Yes. Passengers injured in a DUI accident have the right to file a personal injury claim against the intoxicated driver. They may also have claims against other parties, depending on how the accident happened. SC law protects all victims, including passengers, in DUI cases. Contact our Aiken law firm to discuss your specific situation.

Contact an Experienced DUI Accident Lawyer in Aiken Today

Hart Law is prepared to take all necessary steps to advance our clients’ interests in Aiken County and throughout South Carolina. Our firm offers personal attention to every case and a genuine commitment to justice for DUI victims across Aiken, SC, and all of South Carolina.

We offer a free consultation so you can speak with an attorney about your case at no cost or obligation. A second free consultation is also available if you have questions after your first meeting. Call us to schedule your free consultation with our attorney at (803) 771-7701.