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.

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.

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.

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.

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

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.

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.