The civil and criminal justice systems are separate in South Carolina, but some criminal acts also form the basis for civil liability. Anyone injured in a DUI crash could possibly file a civil claim for financial compensation. Contact Hart Law to speak with an experienced DUI accident lawyer at our firm. Obtaining evidence is much harder than some people imagine, especially because the state is not charged with playing any role in the civil case. Instead, injured victims should hire an attorney to track down useful evidence, file the claim, and then negotiate for a just settlement.
Why Doesn’t the Prosecution File Your Civil Case?
The civil court system is different from the criminal one. In civil court, individuals must pursue justice when their personal rights are violated. By contrast, the Solicitor represents the people of South Carolina and files criminal prosecutions to protect the public.
Further, the civil system is mostly focused on compensating individuals for the losses they have suffered. Accidents are incredibly expensive. Painful injuries can require ongoing medical care, which costs thousands every month. Even getting your car fixed might drain your bank account. The cost of automobile repairs has skyrocketed in the past few years. The person who caused the crash should have to pay these costs.
But there is an element of punishment with DUI cases, even in civil court, which we explain below.
Compensation is the Primary Purpose of a Civil Claim
Drunk drivers cause horrifying injuries and massive property loss when they crash into another motorist. Injured victims need compensation, and they should be treated with respect.
An insurance company should pay monetary damages when its insured causes a wreck due to intoxication. Our firm can negotiate a settlement to cover:
- Emergency medical treatment
- Personal care attendants
- Future medical care
- Pain and suffering
- Mental distress
- Lost wages or income
- Disfigurement and scarring
- Property damage, such a car damage
The victim has the burden of establishing their damages. Some of them, including car repairs or medical care, are relatively easy, requiring only a slip of paper. Other losses, including pain and suffering, are harder to calculate, which is one reason to reach out to our office as soon as possible.
What if the Driver is Acquitted of the Crime?
This sometimes happens. In a criminal case, the state must prove a defendant guilty beyond a reasonable doubt. That would mean the jury must have a firm conviction that the defendant committed drunk driving.
The standard is lower for civil cases. Instead, a victim only needs to show liability by a preponderance of the evidence. Because the standard is lower, a drunk driver might be liable to the victims in a civil case even if acquitted of the crime.
Nonetheless, evidence in the criminal case is often useful in the civil case as well. The toxicology results, in particular, help prove to jurors that the defendant was intoxicated and should not have been driving.
Are Punitive Damages a Possibility?
Some accident victims can seek punitive damages along with compensatory damages. Under South Carolina Code § 15-32-520, a victim can seek punitive damages at trial if they receive any compensatory damages. The victim must prove by clear and convincing evidence that the defendant acted in a willful, wanton, or reckless manner. The higher standard is warranted because punitive damages are designed to punish.
Drunk driving likely qualifies as reckless behavior. No motorist would put themselves in a situation where they were intoxicated but got behind the wheel of a car.
The amount you can receive will depend on various factors, including the defendant’s culpability. A driver whose blood alcohol content is barely over 0.08% looks less culpable than someone with a BAC in the 0.15% range. We can rely on the test results when making an argument for punitive damages.
Hold Drunk Drivers Accountable
Drunk driving is one of the greatest threats to public safety. Although South Carolina can punish a first-time offender with up to 30 days in jail, the reality is that many drunk drivers will escape any punishment. At most, they will spend 48 hours behind bars, with the rest of the time sitting at home. Injured victims will be struggling with ongoing medical treatment and rehabilitation for months or longer.
Fortunately, the civil law system does bring a measure of accountability to these cases. Compensatory damages make drunk drivers internalize the costs they impose on innocent people. You should not have to cover medical expenses or suffer in any way due to lost income—the drunk driver should. We can make a claim on their insurance to cover medical bills and lost wages.
Punitive damages are also possible. Under state law, a defendant in a civil suit will have to pay punitive damages if they acted with reckless, willful, or wanton conduct. Drunk driving is a classic example, so we might seek both. We might seek both.
Hart Law is the Right Firm for You
Some firms practice personal injury on the side, and maybe handle two car cases a year. At Hart Law, we have made the protection of victims’ rights the centerpiece of everything we do. Our firm has developed deep experience in all types of motor vehicle collisions, including drunk driving crashes. We understand the hidden expenses that accident victims suffer. And we can help anyone fully document the ongoing expenses caused by the accident. Call us to find out more. Our firm has a long list of satisfied clients, and we are pleased to offer free consultations to anyone who requests one.
Seeking Justice for Injured Victims
Hart Law opened to assist motor vehicle accident victims with the insurance claims process. When a negligent driver hurts someone, they should pay compensation. But drunk drivers should be held to a higher standard. In addition to compensatory damages, victims should review whether they can also seek punitive damages to demand accountability in the process. Call Hart Law today to schedule a free consultation with our firm.