Accidents involving drunk drivers tend to be serious. Alcohol can lead to impaired coordination or unnecessary risk-taking. As a result, many of our clients are struck at high speeds or head-on when intoxicated motorists get behind the wheel. These accidents lead to major injuries, including neck and head injuries, fractures, and back injuries.

Contact Hart Law to discuss any accident involving a suspected drunk driver. We can request access to breathalyzer results, as well as other evidence to build a case. A consultation with a West Columbia DUI accident attorney is free of charge.

DUI accidents are among the most devastating personal injury cases in South Carolina. When an impaired driver gets behind the wheel, they put everyone around them in danger. If you were hurt in a West Columbia, SC DUI accident, our legal team is ready to help you pursue the compensation you deserve.

What Is a DUI Accident and How Does Alcohol Affect Driving?

A DUI accident occurs when a driver who is impaired by alcohol or drugs causes a crash. In South Carolina, the legal limit for blood alcohol content is 0.08% for most drivers. When someone drives above the legal limit, alcohol impairs their judgment, reaction time, and motor skills, making it much harder to control a vehicle safely.

Alcohol impairs the brain in stages. Even before a driver reaches the legal limit, their driver’s ability to judge distances, respond to hazards, and stay in their lane is already reduced. At higher levels, a driver may not be able to operate a vehicle safely at all. That is why impaired driver accidents so often result in serious injuries.

South Carolina sees thousands of DUI accidents every year, and the consequences for victims can be life-changing. From spinal injuries to traumatic brain damage, the physical and financial toll is enormous. That is why it is so important to work with experienced car accident lawyers who understand how to handle these cases from start to finish.

What is a DUI Accident Lawsuit?

Because drunk driving is a crime, the Solicitor’s Office will decide whether to charge the defendant. The state is responsible for protecting public safety, which they do through criminal prosecution. Sometimes, a drunk driver is offered an alternative to prosecution, such as participation in a diversion program.

A DUI accident lawsuit is a type of personal injury claim. The objective is to seek compensation for your injuries. The state doesn’t play a role in this case. Instead, an injured victim needs to file a timely legal claim.

We can help. Our office will file a lawsuit before the statute of limitations expires, which is usually three years. (S.C. Code § 15-3-530.) We can also negotiate with the driver or their insurer for a settlement to pay you compensation.

It is important to understand that your personal injury case is completely separate from any criminal charges the driver may face. Even if the state decides not to pursue criminal cases against the driver, you still have the right to file your own claim. A West Columbia DUI accident lawyer can walk you through the legal process and make sure your rights are protected every step of the way.

How We Prove Intoxication

As your DUI accident lawyer, our job is to prove the defendant is liable for the accident. Typically, that means proving the driver was careless in operating their vehicle, and this careless driving caused the crash.

We might rely on:

• Breath or urine test results. We can ask the police to share the results of a breathalyzer or urine test.
• Witness testimony. Even if the driver didn’t give a breath sample, we can use witness testimony to prove they were drunk. Talk with witnesses if you can after the crash. Another motorist might have seen the driver stumbling or slurring their words. We can also investigate if the driver came from a bar or restaurant where they were drinking while visibly intoxicated.
• Video evidence. A car might have a dashcam, or the responding officer’s dash or body camera could record the driver. This video evidence can help establish that the driver was intoxicated.
• Defendant admissions. The defendant could admit they were leaving a bar after having too many drinks.

In some cases, we also work with accident reconstruction experts to prove liability. These professionals analyze the accident scene, vehicle damage, skid marks, and other physical evidence to show exactly how the crash happened and who was at fault. This type of expert analysis can be especially powerful when the impaired driver tries to dispute the facts.

Our legal team also investigates whether any other liable parties may share responsibility for the accident. In South Carolina, businesses that serve alcohol to a visibly intoxicated person can sometimes be held responsible under dram shop laws. If a bar or restaurant continued to serve alcohol to someone who was already clearly impaired, they may be one of the liable parties in your case.

Reach out to Hart Law as soon as possible. We believe in leaving no stone unturned as we build a legal claim against a drunk driver.

What to Do After a DUI Accident in West Columbia, SC

The steps you take right after a DUI accident can have a big impact on your personal injury claim. Here is what you should do:

1. Call 911 and wait for law enforcement to arrive and document the accident scene.
2. Seek medical care immediately, even if you feel okay. Some injuries do not appear right away.
3. Document everything you can at the accident scene, including photos of the vehicles, road conditions, and any visible injuries.
4. Gather witness contact information in case their testimony is needed later.
5. Do not speak with the drunk driver’s insurance company without first consulting a Columbia DUI accident lawyer.
6. Contact Hart Law as soon as possible to protect your right to recovering compensation.

Time matters in these cases. Evidence from the accident scene can disappear quickly, and the drunk driver’s insurance company will start working to protect its interests right away. The sooner you have a West Columbia DUI accident lawyer on your side, the better your chances of building a strong case.

Negotiation or Trial?

Most cases settle without any need for a trial. Hart Law is not afraid to go into court, but we realize our clients need compensation to help with medical bills and replace lost income. For that reason, we always strive for a fair out-of-court settlement.

A fair settlement might include damages for:

• Medical treatment and rehabilitation
• Lost wages/income and lost benefits
• Bodily pain
• Mental distress, including post-traumatic stress disorder (PTSD)
• Car and other property damage
• Loss of consortium

Property damage, lost wages, and medical bills are often just the beginning of what a DUI accident victim faces. Long-term rehabilitation, ongoing medical care, and the emotional toll of a traumatic crash can add up significantly over time. Our goal is always to pursue personal injury claims that account for both your current and future losses, not just what you have suffered so far.

West Columbia DUI Accidents: FAQs

Does the state file the lawsuit against the drunk driver?

No. They handle the criminal case. An injured victim is responsible for filing their own personal injury claim, and you must meet critical deadlines. Call Hart Law today to get started.

Can I seek compensation if the driver isn’t charged with DUI?

Yes. The state sometimes does not charge a defendant with DUI, especially if they have no criminal record. Instead, the state might offer a plea deal or approve admission to a diversion program. Those choices should not negatively impact your personal injury case. We need solid evidence that the driver is to blame for the accident because they were careless.

Why is Hart Law the right choice for me?

We have a depth of experience in DUI cases that allows us to handle your case effectively from Day 1. Our firm knows how to increase the compensation insurers are willing to pay. Call us to learn more. We believe that communication is central to the attorney-client relationship, and we always keep our clients in the loop on what is happening in their case. We won’t settle until you give us the green light.

What is dram shop liability in South Carolina?

Dram shop liability is a legal rule that holds businesses responsible when they serve alcohol to someone who is already visibly intoxicated, and that person goes on to cause a DUI accident. In South Carolina, bars, restaurants, and other establishments that serve alcohol have a responsibility not to over-serve their customers. If a business served alcohol to the drunk driver who hit you, they may share liability for your injuries, which could mean additional compensation for you.

How long do I have to file a DUI accident claim in South Carolina?

In South Carolina, most personal injury claims must be filed within three years of the date of the accident under S.C. Code § 15-3-530. Missing this deadline can mean losing your right to recover compensation entirely. That is why it is so important to contact an accident lawyer as soon as possible after your accident, especially since gathering evidence and building a strong case takes time.

What if the drunk driver had no insurance?

If the drunk driver who caused your accident had no insurance or did not have enough coverage to pay for your losses, you may still have options. South Carolina law requires drivers to carry uninsured motorist coverage, which can help cover your losses in this situation. An accident lawyer can review your own insurance policy and identify every possible source of compensation available to you.

Can I still recover compensation if I was partially at fault for the accident?

South Carolina follows a modified comparative negligence rule, which means you can still recover compensation as long as you were less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. This is another reason why having a strong legal team on your side matters. We work to minimize any fault attributed to you and maximize your recovery.

Why is it important to act quickly after a DUI accident?

Acting quickly helps preserve key evidence before it disappears. Skid marks fade, surveillance footage gets deleted, and witnesses become harder to locate over time. Our car accident lawyers in Columbia, SC, move fast to secure the evidence needed to prove liability and build the strongest possible case on your behalf. The sooner you call, the more we can do for you.

Request a Consultation with Hart Law Today

Drunk driving injures thousands of people each year, and every victim has a story. Please share yours with an experienced West Columbia DUI accident attorney at Hart Law. You can schedule your free, no-risk consultation today. Contact us today by calling (803) 771-7701.

Our free consultation gives you the chance to speak directly with a Columbia DUI accident lawyer about what happened, understand your legal options, and learn what recovering compensation might look like in your specific case. There is no obligation and no cost to reach out. If you or someone you love has been hurt in a DUI accident in West Columbia or anywhere in South Carolina, contact Hart Law today and let our legal team get to work for you.