Drunk driving accidents are common in Richland County. According to the South Carolina Department of Public Safety, our county experienced 328 nonfatal DUI accidents in 2023, which is similar to numbers in other years. Behind these numbers are real people and their families who are devastated by these accidents. Survivors deal with pain and mental distress while struggling financially to afford necessary medical care.

Contact Hart Law if you are injured in an accident and need legal help filing an injury claim. A Dentsville DUI accident with our firm can discuss what happened and provide more individualized advice about how to approach your case.

Your Rights as a DUI Victim

DUI is a crime in South Carolina, but if you are hurt by a drunk driver in a crash, you can seek a civil remedy, financial compensation in particular. Our firm has negotiated settlements for compensation to cover out-of-pocket expenses and provide something for the pain they suffer.

We can help file an injury claim on your behalf on the driver’s insurance policy. We might also file a legal claim against anyone else who has partial liability for the crash, like a restaurant or bar that served the drunk driver.

We often seek compensation for:

  • Medical bills, past and future
  • Lost wages or income
  • Loss of earning capacity
  • Mental distress or anguish
  • Pain and suffering
  • Damage to your vehicle and other property

We can also review whether you should request punitive damages. South Carolina Code § 15-32-520(D) allows victims to seek punitive damages if they have clear evidence that a defendant acted recklessly or in a willful and wanton manner. Drunk driving accidents usually qualify.

Timeline of a DUI Case

Your case begins as soon as you are hurt in a crash with a drunk or drugged driver. You should immediately call the police so an officer can investigate. The officer might ask the driver to take field sobriety tests or give a breath sample. We can request access to the test results when bringing a claim.

Here is an overview of the process:

  1. Evidence collection at the scene. We want to reconstruct what happened, so get pictures of the vehicles (if you can) and speak to witnesses.
  2. Initial medical treatment. Visit the hospital for treatment so your injuries are properly diagnosed. Some people need life-saving surgery, while others will need bones set or shots to reduce swelling.
  3. Ongoing treatment. Serious injuries require months of rehabilitation. You should follow your doctor’s treatment plan, which gives you a shot at full recovery.
  4. Consultation with an attorney. You want to hire a lawyer quickly so they can begin gathering evidence for your case. Case analysis includes reviewing how much your care has cost and other economic losses.
  5. Negotiation. Our firm can negotiate with the at-fault driver or other defendants for compensation. This step could take several months.
  6. Litigation. Although we settle most cases, we also file a lawsuit to protect your rights.

You can pursue compensation even if the driver is never criminally convicted of DUI or if they accept a plea deal.

Deadlines for Personal Injury Cases

You also need to file a lawsuit within three years of the accident, as required by the South Carolina statute of limitations. Call our office to find out if we can help. Anyone who files too late will likely have their case dismissed.

 Frequently Asked Questions (FAQs) about Dentsville DUI Accidents

Will I have to testify at trial?

Personal injury trials are rare. We can usually settle with the defendant for fair compensation, but our firm is unafraid of litigation. Our founder, Chris Hart, spent years studying the most accomplished trial attorneys in the state, and he brings extensive experience to his cases. Contact us to see if we can help.

What is the average settlement for a DUI accident?

There is no single “average” number that is helpful. Each case is different. If you suffer major injuries like a concussion or back injury, you will likely receive more compensation than if you only suffer a bruise on your chest.

Can I bring a claim if the driver’s blood alcohol concentration was under 0.08?

Yes. If the driver was impaired in any way, then you might make a legal claim for compensation. Drivers must operate their vehicles with sufficient care. If they don’t, any victim may seek compensation.

Call Hart Law to Schedule Your Free Consultation

DUI accident cases are hard. Insurance companies often try to avoid paying compensation, so hiring an experienced DUI accident lawyer is your best bet. Call us at (803) 771-7701 to schedule a free consultation.