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.

How Drunk Driving Affects Victims in Greenville, SC

Drunk driving crashes in Greenville, SC, cause serious harm. A driver who gets behind the wheel after drinking puts everyone around them at risk. When a drunk driving accident happens, victims are often left with injuries that change their lives. Some never fully recover.

Accident victims in Greenville, SC, may face traumatic brain injuries, spinal cord injuries, broken bones, neck injuries, and many other injuries. The physical toll is hard enough. But victims also deal with post-traumatic stress disorder, anxiety, and depression long after the crash. These are real losses, and South Carolina law allows you to claim compensation for all of them.

Medical bills pile up fast after a DUI accident. Lost income adds even more stress. Families are often left wondering how they will get through it. Our law firm is here to help accident victims in Greenville, SC, and throughout Greenville County understand their options and fight for what they deserve.

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.

Proving Liability in a Greenville DUI Accident Case

Proving liability after a drunk driving accident means showing that the impaired driver caused the crash and your injuries. This takes real evidence. Police reports are often one of the first things we look at. They document what officers saw at the scene, including whether the driver appeared visibly intoxicated.

We also use blood alcohol content test results, witness statements, and surveillance footage to build a strong case. In some situations, there may be potentially liable parties beyond just the driver. A bar or restaurant that served an already visibly intoxicated person may also share responsibility under South Carolina’s dram shop laws.

Preserve evidence as soon as possible after a crash. Photos of the vehicles, the road, and your injuries all help. Our legal team knows how to gather and preserve evidence before it disappears. The sooner you reach out to our law firm, the better your chances of building a solid case.

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 negligence and show the driver failed to use reasonable care. We can win cases even if the driver’s BAC was below the legal limit. Even a driver who is technically under the legal drinking age can be charged under a lower unlawful bodily alcohol content standard in South Carolina.

Can You Receive Compensation?

If a drunk driver crashed into you, then you should seek 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 expenses.
• 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 a direct monetary value, but we can still demand a meaningful sum to make up for physical 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. We can request lost wages to replace what you missed.
• Loss of earning capacity. If you suffered a permanent disability, then you might have ongoing income loss, which warrants compensation. We also seek compensation for future medical bills when injuries require ongoing care.

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

Punitive Damages in Greenville DUI Accident Cases

Punitive damages are different from regular compensation. They are not meant to cover your losses. Instead, they are meant to punish the responsible party for reckless behavior and deter similar conduct in the future. Courts award punitive damages when a defendant shows willful disregard for the safety of others. Drunk driving is exactly the kind of conduct that courts look at when considering punitive damages.

In Greenville, SC, DUI cases, our law firm will review whether punitive damages apply. If the impaired driver had a high bodily alcohol content, had prior DUI charges, or acted with clear willful disregard for others, we will argue for punitive damages on top of your regular compensation. This can significantly increase what the responsible party must pay.

Punitive damages send a message. They are one way the civil court system helps hold drunk drivers accountable beyond what happens in criminal court. While a criminal conviction can put someone behind bars, punitive damages hit them financially.

How the Civil Case Differs from the Criminal Case

Many people do not realize there are two separate legal cases after a drunk driving accident. The state handles the criminal case. The criminal court process decides whether the impaired driver faces jail time, fines, or loss of their license. You are not a party to that case.

Your civil claim is separate. It is about recovering compensation for what you lost. A criminal conviction can help your civil claim because it proves the driver broke the law. But you do not need a criminal conviction to win your civil claim. Even if the criminal charges are dropped or the driver is found not guilty in criminal court, you can still secure compensation in a civil case.

South Carolina law sets a lower standard of proof in civil cases than in criminal ones. Our Greenville DUI accident attorney understands how the two processes interact and will use every tool available to help you.

Working with the Insurance Company After a DUI Accident

Dealing with the insurance company after a DUI accident in Greenville, SC, is harder than most people expect. Insurance adjusters are trained to protect the insurer’s money. They may call you early, seem friendly, and offer a fast settlement. That offer is almost never your best option.

Do not give a recorded statement to the insurance company without talking to an accident lawyer first. Anything you say can be used to reduce what they pay you. Our law firm handles all communication with insurance adjusters on your behalf. We know their tactics and how to push back.

We work to get you a fair settlement that covers your medical bills, lost wages, future medical bills, and pain and suffering. We handle cases on a contingency fee basis, which means you pay nothing unless we secure compensation for you.

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.

Q. What if the drunk driver dies or has no insurance?

Your own uninsured or underinsured motorist coverage may apply. South Carolina requires insurers to offer this coverage for exactly these situations. Our law firm will identify all involved parties and available coverage to help you claim compensation.

Q. Can I file a wrongful death claim if I lost a family member?

Yes. South Carolina law allows certain family members to file a wrongful death claim after a fatal drunk driving crash. Wrongful death cases can seek compensation for funeral costs, lost financial support, and the emotional impact of the loss. Contact a Greenville DUI accident lawyer right away if you have lost someone in a drunk driving accident.

Q. What does it mean to handle a case on a contingency fee basis?

It means our law firm only gets paid if we win. There is no upfront cost for legal representation. We take a percentage of the final recovery. If we do not secure compensation for you, you owe us nothing. This makes it possible for anyone to get an experienced car accident lawyer regardless of their financial situation.

Q. How do punitive damages work in a South Carolina DUI case?

South Carolina law allows courts to award punitive damages in cases where the defendant acted with reckless behavior or willful disregard for others. For a Greenville DUI case, this often applies. The goal is to deter similar conduct and punish the drunk driver beyond what happens in criminal court. Our legal team will evaluate whether your case qualifies.

Q. What types of injuries are most common in drunk driving crashes?

Drunk driving crashes in Greenville, SC, often cause traumatic brain injuries, spinal cord injuries, neck injuries, broken bones, and severe injuries to internal organs. Severe injuries can result in permanent disability and require long-term care. Accident victims also commonly experience post-traumatic stress disorder and other mental health effects. Every injury deserves significant compensation.

Q. Do I need a lawyer even if the drunk driver admitted fault?

Yes. An admission of fault does not mean the insurance company will pay what you are owed. Insurance adjusters may still dispute the extent of your injuries or try to limit your payout. Having a personal injury lawyer in your corner helps make sure you receive financial compensation that truly covers your losses. A Greenville DUI accident lawyer can also help with the legal process if the case becomes more complex.

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 law firm has handled many DUI accident cases and will gladly review whether you can bring a civil claim. Our free consultations are free. Contact us today at (803) 771-7701!

We serve accident victims in Greenville, SC, Greenville County, and the surrounding areas of South Carolina. Our legal team is ready to fight for the financial compensation you deserve.