Greenville, South Carolina, sees its share of drunk driving accidents. According to state data, Greenville County experienced 528 non-fatal DUI accidents in 2023 and 35 fatal accidents involving an intoxicated motorist. Each crash is a tragedy. Injured victims can struggle with significant bodily limitations, depression, and pain. Drunk drivers should be held accountable when they get into a car while intoxicated.

Hart Law is well-situated to bring an accident claim on behalf of injured victims. Contact our office today. We have years of experience with bringing personal injury claims. Drunk drivers should pay compensation for your medical care and other losses. Find out more about your rights in a free consultation.

What You Need to Prove to Bring a DUI Accident Case

As in other accidents, the injured victim will need to establish certain facts:

1. The drunk driver owed them a duty of care. This is usually easy. If you were driving on the same road, then the driver had a duty to be careful so as to avoid crashing into you.
2. The driver was intoxicated or otherwise impaired. DUI is defined as a BAC of 0.08% or higher in South Carolina. We can submit evidence to show that the driver failed to use reasonable care when driving.
3. You suffered injuries or other damages. Accidents tend to be violent. A drunk motorist might be speeding when they crash into your car. Medical records can establish your injuries.
4. The defendant caused your damages. You can’t file a claim against a driver unless their actions cause your injuries. In most accidents, causation is direct and easy to prove.

Correcting Myths about DUI Accident Cases

Myth #1. The state files a legal claim against a drunk driver. The state is responsible for enforcing criminal laws. But a civil claim is brought for compensation by the person who has suffered injuries in the crash.

Myth #2. You can wait until you feel better to sue. Actually, South Carolina gives most people only three years to file a personal injury lawsuit. (S.C. Code § 15-3-530.) There are certain exceptions, such as for child victims, but most people get only three years. You want to speak with our office quickly so we can protect your ability to sue.

Myth #3. A driver isn’t drunk if they have a low BAC. Technically, the state can bring charges if the driver had any alcohol or drugs in their system, so long as the driver was impaired. In a personal injury case, we need to prove the driver failed to use reasonable care. We can win cases even if the driver’s BAC was below the legal limit.

Can You Receive Compensation?

If a drunk driver crashed into you, then you should seek financial compensation for the full range of losses:

• Medical treatment for your injuries. You might end up in the emergency room for life-saving surgery, or you could need tests to diagnose broken bones or head injuries. The defendant should pay for medical care.
• Property damage. A crash will damage your vehicle, at a minimum. You should request compensation for repairs or to replace a totaled vehicle.
• Pain and suffering. Non-economic or general damages are harder to translate into dollars and cents, but we can still demand a meaningful sum to make up for pain.
• Job loss or reduced income. Many injured victims can’t work, at least not initially. While they recover, they lose out on important income or wages. We can request an amount to replace your lost income.
• Loss of earning capacity. If you suffered a permanent injury, then you might have ongoing income loss, which warrants compensation.

Let our office discuss your injuries and what other damages we might request.

Questions about Greenville DUI Accidents

Q. Will my case go to a jury trial?

We usually settle most of our cases without any need for a trial. A trial is only necessary when there are profound disagreements on certain issues, such as liability or the severity of your injuries.

Q. How long will my case take to settle?

Each case is different. We can usually settle a case in under a year. Your case might take longer if your injuries are especially serious or the defendant’s insurer digs in their heels.

Contact a Greenville DUI Accident Lawyer

After a drunk driving accident, the world might feel like it’s spinning out of control. Take charge of the situation by calling Hart Law. Our firm has handled many DUI accident cases and will gladly review whether you can bring a claim. Our consultations are free. Contact us today at (803) 771-7701!