Drunk driving is dangerous driving. Unfortunately, it remains a serious public safety problem in our region. According to data from the South Carolina Department of Public Safety (SCDPS), there are approximately 5,600 intoxicated driving crashes reported statewide each year. A drunk driver should be held accountable. If you were hurt in a crash, you have the right to bring a claim.
Proving impairment is key to any successful personal injury claim, including in a DUI crash case. In this article, our Columbia DUI accident attorney provides an overview of the key evidence in civil drunk driving accident claims in South Carolina.
You Have the Right to File a Civil Claim Against a Drunk Driver
Driving under the influence (DUI) is illegal in South Carolina. A drunk driver who causes an accident should be arrested and face criminal charges. Indeed, these are generally felony cases in South Carolina if a person is hurt in the crash. A criminal charge is a key part of the justice system. With that being said, a criminal case focuses on punishment—not compensation for the victim.
If you were injured by a drunk driver, you have the right to file a civil claim to seek financial recovery for your damages. This includes medical bills, lost wages, pain and suffering, and other losses. A civil claim is separate from the criminal case and allows you to hold the drunk driver accountable for the harm they caused. South Carolina DUI accident lawyer Christopher R. Hart can help you fight for true justice in every aspect of your case.
Know the Evidence You Can Use to Prove Impairment in a South Carolina DUI Crash Case
Evidence is key to any legal claim—including DUI accident cases. If you were hit by a drunk driver, your case must be thoroughly investigated by an experienced attorney. Some of the evidence that you can use to prove impairment in a DUI crash case in South Carolina include:
- Police Report: The police report is a crucial piece of evidence in a South Carolina DUI crash case. It typically includes the responding officer’s observations, such as slurred speech, the smell of alcohol, or erratic driving. The report may also document any field sobriety tests conducted at the scene by the responding officer.
- An Arrest: If the other driver was arrested for a DUI, that is a form of evidence. Regardless of what happens next with the criminal process, the arrest strengthens your civil claim by demonstrating law enforcement had sufficient reason to believe they were impaired.
- BAC Test Results: Blood alcohol concentration (BAC) test results provide scientific proof of intoxication. In South Carolina, a BAC of 0.08 percent or higher is considered legally impaired. With that being said, lower levels can still indicate diminished capacity.
- Witness Statements: Eyewitnesses can provide valuable testimony about the driver’s behavior before and after the crash. Bystanders, passengers, or other drivers may have noticed signs of impairment, such as reckless driving or stumbling at the scene.
- Photos/Video: Photos and videos can visually document key details of the crash and the drunk driver’s behavior. Dashcam footage, surveillance videos, or cell phone recordings may capture erratic driving, field sobriety tests, or slurred speech.
- Admissions Against Interest: Did the other driver tell you, a bystander, or the police that they consumed alcohol? That is called an admission against evidence and it is generally admissible evidence in a civil case.
- Criminal Trial: If the driver is convicted of DUI in a criminal trial, it can serve as strong evidence in your civil case. Even if the driver pleads guilty or enters a plea, the charge can be used to establish liability. While a criminal conviction is separate from your civil DUI accident claim, anything that comes out in criminal court is evidence.
How the Level of Impairment Can Make a Difference in Your Claim
Does the other driver’s level of intoxication matter? It can. If the driver was just over the legal limit (0.08 percent BAC), their negligence is still clear, but insurers may try to argue that impairment was minimal. However, if the driver’s BAC was well over the limit—such as 0.15 percent or higher—it strengthens your case by showing extreme recklessness.
Higher levels of intoxication can also increase the chances of punitive damages. Those damages are designed to punish egregious misconduct. The more severe the impairment, the stronger your claim.
How Our South Carolina DUI Accident Lawyer Can Help in the Fight for Justice
DUI accident claims are complicated. If you have a lot of questions about your rights and your options, you are certainly not alone. Christopher R. Hart is an experienced South Carolina personal injury lawyer with a proven record of success, including in drunk driving crash cases. Attorney Hart has the skills, knowledge, and experience to hold negligent parties accountable.
He is prepared to help you push for the punishment that the intoxicated driver deserves. Even more important, we fight for the maximum compensation for victims and families. Our client testimonials tell the story. When you contact us at our Columbia law office, you will have an opportunity to consult with a South Carolina DUI crash lawyer who can:
- Listen to your story and answer questions about your rights and your options;
- Investigate your DUI crash—gathering the evidence you need to prove negligence;
- Help you handle all aspects of the criminal justice process as a victim;
- Represent you in settlement negotiations with the insurance company; and
- Fight aggressively to help you secure the absolute maximum compensation.
Contact Our Columbia DUI Accident Lawyer for a Free Case Review
At Hart Law, our Columbia DUI accident attorney is an aggressive, experienced advocate for justice. If you or your loved one was hurt in a DUI crash, we are here to help. Give us a phone call now or contact us online for a free, no-obligation case review. With a law office in Columbia, we represent DUI accident victims throughout the region of South Carolina.