Being hit by a drunk driver is a terrifying experience that happens in an instant but can change your life forever. Unlike a typical car accident where someone might have made a simple mistake, a DUI crash happens because a person chose to get behind the wheel while they were impaired. This reckless behavior causes grave injuries and tragic losses for families in Lancaster. Hart Law stands by victims to make sure that these reckless drivers are held accountable for the damage they cause to our community.

Why DUI Cases Are Different from Other Crashes

When you are in a standard car accident, the legal case usually centers on simple negligence. This means someone was not as careful as they should have been, like following too closely or failing to signal a turn. In a drunk driving case, the legal situation changes because the driver showed a reckless disregard for the safety of everyone on the road.

South Carolina law treats these cases differently because the act of driving while intoxicated is considered gross negligence. This often allows you to ask for more than just the basic cost of car repairs and hospital bills. Because juries and insurance companies know how dangerous drunk driving is, these cases often result in higher settlements. The goal is to make sure you get enough money to cover your long term needs while also making it clear that this behavior is not okay.

Punitive Damages and Punishing Reckless Behavior

Most of the money you get in a lawsuit is meant to pay you back for your losses, such as lost wages or medical costs. However, in DUI cases, you can also seek something called punitive damages. These are also known as exemplary damages. They are not just about your bills. Instead, they are designed to punish the drunk driver for their reckless actions and to stop others from doing the same thing.

To get punitive damages in Lancaster, we have to show clear and convincing evidence that the driver acted with a total lack of care. We look at several pieces of evidence to prove this, including:

• Results from breathalyzer or blood tests showing the driver was over the .08 limit.
• Police bodycam and dashcam footage from the scene of the crash.
• Statements from witnesses who saw the driver acting impaired before or after the hit.
• Evidence that the driver tried to hide or throw away alcohol containers.

Holding Bars and Restaurants Accountable

Sometimes the driver is not the only person who should be held responsible for your injuries. South Carolina has Dram Shop laws that allow us to investigate the businesses that served the driver alcohol. If a bar, restaurant, or even a social host kept serving someone who was already visibly drunk, they might be liable for the crash too.

Looking into these third parties is a smart move for your case. It often provides more insurance coverage to pay for expensive medical treatments or lifelong care. It also holds businesses in Lancaster accountable for following the law. When bars are forced to pay for the damage caused by over serving, it helps keep our roads safer for everyone.

What Happens if the Driver is Not Convicted

A big worry for many victims is what happens if the drunk driver wins their criminal case. It is important to know that the criminal court and the civil court use different rules. In a criminal case, the state must prove the driver was guilty beyond a reasonable doubt, which is a very high standard.

In a civil case where you are seeking money for your injuries, the burden of proof is much lower. We only have to show a preponderance of the evidence. This means we just have to prove it is more likely than not that the driver’s impairment caused the accident. Because of this, you can still win your civil case and get a fair settlement even if the driver is not convicted of a DUI in criminal court.

Compensation You Can Recover After a DUI Crash

A drunk driving accident can lead to many different types of financial strain. We help you look at every way the crash has hurt your life so we can ask for the maximum compensation possible. This usually includes:

• Economic damages like your current medical bills and any future surgeries or therapy you will need.
• Lost income if you cannot work right now, plus money for your future earning capacity if you have a permanent disability.
• Non economic damages for your pain and suffering and the mental distress caused by the trauma.
• Punitive damages to punish the driver for their gross negligence.

Let Our Lancaster DUI Accident Attorney Help You

Hart Law handles all of the legal work and investigations so you can focus on getting your health back. We work on a contingency fee basis, so you pay $0 upfront to get started. We only get paid if we win money for you.

If you or a loved one has been hurt by a drunk driver in Lancaster, call Hart Law at (803) 771-7701. We provide a free case evaluation to help you understand your options and start your pursuit of justice.