If you or a loved one have been injured in a drunk driving accident, justice can take on many forms. Besides wanting to see the driver punished, you also deserve to be paid for your injuries.
You can receive the full financial compensation you’re owed when you have a lawyer advocating for your DUI accident injuries. Frank Hartman, our experienced Charleston drunk driving accident lawyer, knows the stakes. At The Hartman Law Firm, LLC, we are ready to raise the pressure on the drunk driver’s insurance company to make sure that they fully pay you.
Call Frank today to learn more about your legal rights.
You Can File a Civil Case Against the Drunk Driver
Just because the responsible driver may be prosecuted by state law does not mean that you cannot get financial compensation for your injuries.
When it comes to a potential settlement, a drunk driving accident is handled similarly to other car crashes. You can file a civil lawsuit against the driver or a claim against their insurance policy. You are entitled to the same damages as you would in any other car accident case.
Unlike most other car accident cases, there is also a chance that you may be able to qualify for punitive damages if you win the lawsuit.
How the Criminal Drunk Driving Case Affects Your Civil Accident Case
In most respects, your civil case would be largely independent of the criminal case against the driver. The prosecutor is trying to win a conviction, and they need to prove their case against the driver beyond a reasonable doubt.
This standard is much higher than the one that you must meet in a civil lawsuit. In your case, you must prove that the driver was responsible for your injuries by a preponderance of the evidence.
It is possible that you can still win your civil case even if the driver is not convicted. At the same time, if the driver pleads guilty to a drunk driving offense, it can be used as evidence in your civil case.
Once you hire Frank, he will work to investigate your accident and gather the evidence that could put you in a position to receive financial compensation in your civil case.
In many cases, the insurance company does not want to fight you in court. They know that an injured drunk driving accident victim can make for a very sympathetic plaintiff in the eyes of the jury.
However, it does not mean that the insurance company is going to offer you the money that you deserve immediately. As your lawyer, Frank will fight for you to get every dollar you are due.
Dram Shop Liability in South Carolina
You can sue the owner of an alcohol-serving establishment under the common law theory of negligence when they have continued to serve a visibly impaired customer who has then injured you in a drunk driving accident.
These dram shop lawsuits are often about proving what the defendant knew or should have known when they served the driver alcohol. South Carolina does not have a specific law on the books that creates dram shop liability. However, the state Supreme Court has created the doctrine.
If you hire Frank to represent you, he can aggressively pursue evidence that may show that the bar or restaurant owner continued to sell alcohol to a patron when they should have stopped.
How Frank Can Help with Your Case
You may think that a civil drunk driving claim is an open-and-shut matter. Even if you are easily able to prove liability, that is only a small part of the fight you will need to have with the insurance company. They will do everything within their power to pay you as little as possible.
When you entrust your drunk driving case to us, we will turn up the heat on the insurance company. We know just how much your case is worth, both because of our experience and our work with expert witnesses who will quantify your damages.
Then, we will either negotiate with the insurance company to get you what you deserve, or we will file a lawsuit on your behalf against the responsible driver in court.
Contact a Charleston Drunk Driving Accident Lawyer Today
If you have been injured in any type of accident with a drunk driver, you need legal help immediately. Frank can be your DUI accident attorney up to the task of taking on the insurance company when every dollar matters. Before Frank can fight for you, you need to call The Hartman Law Firm, LLC, and schedule a free initial consultation.
You can message us through a website, or you can call us today at 843.300.7600. Even outside of your free consultation, we will never ask you to pay for our services out of pocket.
FAQs About Drunk Driving Accidents
Can you report a drunk driver?
You can protect both yourself and others when you bring a drunk driver to the attention of the authorities. Dialing *HP on your mobile device once you are safely away from the drunk driver can alert authorities. Try to provide them with as much information as possible so they can track down and apprehend the drunk driver.
Do I really need a lawyer for a drunk driving accident case?
Even when you are not fighting over liability, you will be fighting over compensation. As your lawyer, Frank will know the value of your case and take on the insurance company. Without an attorney, the insurance company will never make you a reasonable settlement offer.
How much is my drunk driving accident case worth?
We could never tell you what your case is worth without speaking with you and devoting more study to your individual situation. Car accident lawsuit damages are unique to you and reflect how you have been affected by the crash. As your lawyer, Frank would extensively review your case to determine the proper amount of damages to seek.