Fort Mill sees many drunk driving arrests, and an unfortunate number of these arrests happen after a motorist crashes. Anyone hurt in a drunk driving accident should review whether they can seek financial compensation. The chances are good that you can file an injury claim on the driver’s insurance and negotiate a settlement for your injuries. Hart Law wants to help. Our Fort Mill DUI accident attorney can meet for a free consultation and discuss the case in more detail.

Proving Drunk Driving

Anyone who gets behind the wheel after having too much to drink is liable for an accident they cause. Alcohol has some well-known side effects, including increased fatigue, impaired coordination, and blurred vision. An intoxicated individual might also take more risks when driving. Some run a red light and collide with a motorist trying to get home after work or school.

A drunk driving accident case is like other motor vehicle accidents. Injured victims need proof that the driver failed to use reasonable care. A high blood alcohol concentration (BAC) is one way to prove that.

We can request access to any breath or urine sample results, which can show the level of intoxication. But we might rely on other evidence, too, including eyewitness testimony.

Compensation for Serious Injuries

Drunk drivers often drive much too fast, or they take other dangerous actions, which lead to a crash. Hart Law can negotiate a settlement to cover all compensatory damages:

• Treatment for your bodily injuries, including surgery or other emergency medical care;
• Income or wage loss as you recover;
• Damage to your car and other property;
• Pain and suffering, including mental distress.

South Carolina law allows victims to seek financial compensation for all damages suffered because of the crash. Your spouse might even have a right to file a loss of consortium claim, depending on the severity of your injuries.

We might also demand punitive damages. South Carolina Code § 15-32-520(D) gives you the right to seek punitives when there is clear and convincing evidence that the defendant acted with malice or in a willful and wanton manner. Driving drunk is the type of wanton behavior that deserves punishment.

Steps in a DUI Accident Case

We usually receive a call from an injured victim soon after the crash. We are happy to provide an overview of the claims process in a consultation. The most critical steps include:

1. Evidence gathering at the scene. If possible, talk with witnesses and photograph the vehicles. Don’t forget to call the police, either, since they can investigate if the driver is intoxicated.
2. Receiving medical care. Our clients suffer major injuries. Some struggle with concussions, cracked vertebrae, dislocated joints, and other painful disabilities. Medical treatment can take 6 months or more.
3. Negotiating with the defendant. Once you hire a lawyer, they can negotiate a legal claim. This process often takes several months from start to finish. We might not start negotiating until we understand the full value of your case.
4. Filing a lawsuit. We need to protect our clients by filing a personal injury lawsuit before the statutory deadline. Under S.C. Code § 15-3-530, you typically get three years to sue after the accident.
5. Settling the case. We have had good luck negotiating settlements, so a trial is not necessary. However, effective negotiation requires careful planning and dedication. We might even participate in mediation if it helps us reach a settlement that works for our clients.

Contact us if you have questions about how the process will play out. We provide a free, individualized consultation to those who are hurt in drunk driving accidents.

FAQs about Fort Mill DUI Accidents

Q. Will the prosecutor file this legal claim for me?

No. DUI is also a crime, and the state might file criminal charges. However, the Solicitor’s Office has no role to play in a civil claim for compensation. It’s up to injured victims to file a claim for compensation.

Q. Can I seek compensation if the driver was high on drugs?

Possibly. Driving while high is also an example of negligence. The driver is liable if they crash into someone while under the influence of marijuana, cocaine, heroin, amphetamines, or another controlled substance.

Speak with a Fort Mill DUI Accident Lawyer Today

Hart Law was founded on the pillars of compassion and justice. Contact us to schedule a free consultation at (803) 771-7701. We want to learn more about your accident and the impact of your injuries. If hired, we will begin working overtime to obtain an adequate settlement.