Lexington’s exploding population has increased car accidents of all kinds, including drunk driving accidents. Intoxicated and high motorists pass through Lexington at all hours of the day, but especially at night. These drunk drivers crash into many unsuspecting motorists on the road. Injured victims and their families feel outraged that someone so dangerous as a drunk driver hit them.

Hart Law understands the anger and confusion many accident victims feel. Call our office to speak with a Lexington, SC DUI accident attorney. Our firm has represented men and women injured by drunk drivers. You might seek financial compensation for property damage, medical bills, and other expenses. We can explain more in a free consultation.

What Is a DUI Accident Case in Lexington, SC?

Drunk driving accidents happen when a driver gets behind the wheel after drinking alcohol or using drugs. In Lexington County, these crashes can be deadly. They cause serious injuries, destroy vehicles, and tear families apart.

A DUI car accident is different from a regular crash. The driver made a choice to drink and then drive. That choice puts everyone else on the road at risk. When that driver hits your motor vehicle, you have the right to take legal action.

SC law allows accident victims to pursue a car accident claim against the intoxicated driver. You do not have to face this alone. Lexington attorneys at Hart Law are here to help you fight for what you deserve.

Drunk Driving is a Civil Wrong

Car accident victims can seek financial compensation whenever they are injured by a negligent motorist. Negligence means the failure to drive with reasonable care, and a person who gets behind the wheel while drunk is certainly negligent if not wanton.

South Carolina takes DUI seriously, both in criminal court and in civil court. When a driver causes a crash because of alcohol, they can be held responsible in two separate ways. The state handles the criminal side, and you handle the civil side with your own attorney.

We rely on different pieces of evidence to establish a case, including:

  • Any breathalyzer, urine, or blood test results that show alcohol or drugs in the driver’s system.
  • Witnesses who observed the driver get into the vehicle while visibly intoxicated.
  • Dashcam footage of an officer asking a driver to take field sobriety tests.
  • Your memories of how the driver acted after the crash.
  • An expert witness who can explain how alcohol affected the driver’s ability to operate a vehicle.
  • Police reports and records from the DUI arrest.

After a wreck, call the police so an officer can come to the scene.  The police can investigate further.

Criminal vs. Civil Law

DUI is a crime in South Carolina, but it is also a civil wrong called a “tort.” When a person commits a tort, injured victims can demand compensation for:

  • Medical expenses and treatment for injuries. Our clients often need treatment for broken bones, concussions, neck injuries, back injuries, and more.
  • Damage to property. You can demand payment for car repairs, or if the vehicle is totaled, then a new car.
  • Replacement of lost income or wages. DUI wrecks cause serious injuries, and many victims need to step away from work for a few months to heal. They lose income in the process, but we can request compensation.
  • Pain and suffering. Bodily injuries cause intense pain, which can lead to sleeplessness and a reduced quality of life. How much can you receive? It depends on the facts.

Accident victims need to hire their own attorney because the state will not represent them in a civil case. Instead, your legal team will collect evidence and make a demand for compensation.

Someone else’s negligence should not leave you paying the bills. If a drunk driver caused your injuries, you have options. A car accident attorney in Lexington can walk you through the legal process and tell you what to expect every step of the way.

How a DUI Arrest Affects Your Car Accident Claim

When a driver is charged with DUI, that arrest can actually help your car accident case. It shows the police believed there was enough reason to act. It may also lead to blood or breath test results that confirm alcohol was present.

Even if the driver does not plead guilty in criminal court, you can still win your civil case. The criminal and civil systems work separately. In a civil car accident case, the burden of proof is lower. You only need to show it is more likely than not that the driver was at fault.

Sometimes a driver will plead guilty to a lesser charge to avoid jail time or higher fines. That does not stop you from seeking a fair settlement in your personal injury case. Our lawyers know how to use the criminal record as part of your car accident claim.

How Hart Law Can Help After a Drunk Driving Accident

Our firm is passionate about seeking justice for our clients. We provide comprehensive legal services, including an investigation into the causes of the accident. We can speak to witnesses, ask questions of the defendant, and visit the scene.

Depending on the facts, we might add other defendants, including an establishment like a bar or restaurant under South Carolina’s dram shop laws. Lexington, South Carolina, has many bars and restaurants along busy roads. If one of them kept serving alcohol to a driver who was already drunk, they could share liability for your injuries.

Our firm has the agility to negotiate with the defendant and their insurer for damages, while also leaving open the possibility of suing in court. We work to get the best outcomes for every client we represent. Call to learn more about the many ways we can help. We have won millions of dollars for our clients, and we can provide an objective analysis of the strength of your legal case.

What Damages Can I Recover After a DUI Accident in SC?

Recovering after a car accident caused by a drunk driver takes time. It can also cost a lot of money. That is why SC law allows you to seek compensation for many different types of losses.

You may be able to recover money for:

  1. Medical expenses, including hospital stays, surgeries, and physical therapy
  2. Future medical costs if your injuries require long-term care
  3. Lost wages and lost employment opportunities
  4. Damage to your vehicle and other vehicles involved in the crash
  5. Pain and suffering, both physical and emotional
  6. Loss of enjoyment of life

The value of your claim depends on many things, including how serious your injuries are and how the accident has changed your life. Our personal injury attorneys will look at every part of your situation to build the strongest possible case.

DUI Accident Penalties and Liability in Lexington County

In Lexington County and across South Carolina, a DUI conviction can bring serious penalties. A driver may face fines, jail time, loss of their driver’s license, and more. These criminal penalties are handled in court by the state.

But those penalties do not compensate you. You need a separate civil case to recover money for your losses. That is where our car accident attorneys come in. We focus on getting you a fair settlement or winning at trial if needed.

A judge or jury will look at the facts of your car accident case and decide how much the driver should pay. Our job is to present the strongest case possible so you walk away with the compensation you deserve.

Why You Need an Experienced SC Attorney for Your DUI Case

Not all lawyers handle DUI car accident cases the same way. These cases are more complex than a typical crash. There is often a criminal case happening at the same time. Evidence from the DUI arrest can help or hurt your civil case, depending on how it is used.

You need personal injury attorneys who understand both sides of the law. At Hart Law, we are a small firm that gives every client personal attention. We are not a giant law factory where you never know who is handling your file. Every existing client works directly with our team.

We are proud to serve people across West Columbia, Columbia, and Lexington, SC. As a trusted SC attorney and team of Lexington attorneys, we know the local courts, the local district, and the legal rules that apply in your area. That knowledge helps us protect your best interests from day one.

Does the Statute of Limitations Apply to DUI Cases?

Yes. Under South Carolina Code § 15-3-530, accident victims have three years to file a lawsuit for personal injuries. If they wait too long, then a court will undoubtedly dismiss their case. That will mean no compensation.

Do not wait to talk to a car accident attorney. The sooner you reach out, the sooner we can start collecting evidence, talking to witnesses, and building your case. Time matters in every personal injury situation, and DUI cases are no different.

Lexington DUI Accidents Frequently Asked Questions (FAQs)

What makes a good DUI accident lawyer?

You should choose an experienced personal injury lawyer who understands DUI cases. These are slightly different from regular car accidents, and you benefit from a lawyer who understands the different layers of complexity. Look for Lexington attorneys who have handled both civil and criminal matters and who will keep your best interests in mind throughout the process.

Can I seek compensation if the state does not bring DUI charges?

Yes. The state makes choices based on a variety of factors. Also, the burden of proof is lower in civil cases like car accidents. We only need to show it is more likely than not that the driver was negligent and caused your injuries. You do not need a DUI conviction to win your car accident case.

What is the first step to take after a DUI accident?

Make sure people are safe. You might need to call an ambulance to give someone a lift to the hospital. Once you confirm people are safe, call the police to report the crash, and remember to document the accident scene. Take photos, gather witness contact information, and write down everything you remember. Then call a car accident attorney as soon as you can.

What if I was partially at fault for the accident?

South Carolina uses a rule called modified comparative negligence. This means you can still recover compensation even if you were partially at fault, as long as you were not more than 50% responsible. Your compensation may be reduced based on your share of fault. An attorney in Lexington can help you understand how this applies to your situation.

How long does a DUI car accident case take to resolve?

Every case is different. Some car accident claims settle within a few months. Others go to trial and take longer. The timeline depends on the severity of your injuries, how cooperative the insurance company is, and whether a criminal case is running at the same time. Our lawyers will keep you updated throughout the legal process so you always know where things stand.

Can I file a claim if the drunk driver had no insurance?

Yes. If the driver had no insurance or not enough insurance, you may still have options. Your own uninsured motorist coverage may apply. There may also be other parties with liability, such as a bar under SC dram shop laws. A personal injury attorney can fight to find every available source of compensation for your car accident claim.

What if the DUI accident happened near a school or in a school zone?

DUI accidents near a school or in a school zone can result in higher penalties for the driver in the criminal case. In your civil case, the location of the crash can also be used as part of showing how reckless the driver was. Our SC attorney team will use every piece of evidence available to strengthen your claim.

Do I need to go to court for a DUI accident claim?

Not always. Many car accident cases are resolved through negotiation with the insurance company without ever going to court. However, if the insurance company refuses to offer a fair settlement, our lawyers are ready to take your case before a judge and jury. Our firm prepares every case as if it will go to trial.

Choose Hart Law for Your Lexington DUI Accident Case

We are happy to discuss your accident and answer your questions. You can schedule a free consultation by contacting us today at (803) 771-7701.

Hart Law serves clients throughout Lexington, SC, West Columbia, Columbia, and the surrounding areas of Lexington, South Carolina. Whether you need help understanding your rights, filing a car accident claim, or taking a case to trial, our firm is here for you. We are a small firm that treats every client like family. Your case matters to us, and we will fight for the best outcomes possible in your situation.

Protect your rights. Recover what you lost. Call Hart Law today.