Drunk Driving Accident Lawyer Anderson
When a careless decision to drive under the influence changes your life forever, you need more than just support—you need legal advocacy that gets results. At Langley Law Firm, our team understands the devastating impact drunk driving accidents can have on victims and their families. As your drunk driving accident lawyer in Anderson, we are committed to holding reckless drivers accountable and helping you pursue full compensation for your injuries, lost wages, and pain. If you or a loved one has been harmed by a drunk driver, call us today at (864) 667-6144 for a free consultation—because your recovery deserves a strong legal ally.
Understanding the Legal Sides of a Drunk Driving Crash in Anderson
When someone is hit by a drunk driver in Anderson, they often find themselves dealing with more than just physical injuries. The aftermath of a drunk driving crash involves both emotional and financial stress. One of the most confusing aspects for victims is how the legal process unfolds. Many people don’t realize that a drunk driving crash can involve both criminal and civil cases—and they’re not the same thing.
What Happens in a Criminal Case After a DUI Crash
When a person drives under the influence and causes a crash, the state of South Carolina may file criminal charges. These charges are handled in criminal court, and the goal is to punish the offender for breaking the law.
In Anderson, a DUI-related crash may lead to charges such as:
- Driving under the influence
- Felony DUI (if serious bodily injury or death occurs)
- Reckless driving
- Vehicular manslaughter (in fatal crashes)
The state prosecutes the drunk driver, not the victim. A prosecutor will gather evidence, call witnesses, and attempt to prove guilt beyond a reasonable doubt. If the driver is convicted, they may face jail time, fines, probation, license suspension, or mandatory alcohol treatment programs.
Important note: A conviction in a criminal case does not result in financial compensation for the victim. While it may bring a sense of justice, it does not cover medical bills or lost wages. That’s where the civil side comes in.
What a Civil Case Means for the Victim
A civil case is where the victim brings a lawsuit against the drunk driver to seek compensation for damages. This process is completely separate from the criminal case and takes place in civil court.
Damages that may be claimed in a civil drunk driving case include:
- Medical expenses (past and future)
- Lost income or reduced earning ability
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Punitive damages (in cases of gross negligence)
Unlike a criminal case, where the burden of proof is very high, a civil case only requires that the victim prove liability by a “preponderance of the evidence.” In simpler terms, the jury or judge must believe it is more likely than not that the drunk driver caused the crash and the resulting harm.
Can a Drunk Driver Face Both Cases?
Yes, and it’s common. A drunk driver in Anderson can be prosecuted by the state and also be sued by the victim. These cases often run in parallel or follow one another.
For example, if a drunk driver is arrested after crashing into another vehicle, the state might press charges for DUI. At the same time, the injured driver can hire a personal injury attorney and file a civil lawsuit for compensation.
The outcome of the criminal case can influence—but does not determine—the civil case. A criminal conviction can serve as strong evidence of fault in the civil lawsuit, but even if the driver is found not guilty in criminal court, the victim can still win damages in a civil case. That’s because the standards of proof are different.
Why Victims Should File a Civil Claim
Many accident victims assume that if the driver goes to jail, their job is done. Unfortunately, this leaves them financially vulnerable. Criminal courts do not award damages to crash victims. That’s why filing a civil claim is essential.
A personal injury lawyer in Anderson can help victims build a strong case by:
- Investigating the accident scene
- Collecting police reports, witness statements, and DUI test results
- Working with experts to estimate the value of long-term care
- Negotiating with insurance companies
- Filing a lawsuit if a fair settlement is not offered
In cases involving drunk driving, punitive damages may also be available. These are meant to punish the offender and deter others from making the same reckless choice. They can increase the total compensation significantly.
What If the Drunk Driver Is Uninsured or Underinsured?
Unfortunately, not all drunk drivers carry enough insurance to cover the damage they cause. In these situations, victims may still have options.
South Carolina requires insurance companies to offer uninsured motorist (UM) coverage. If you have this on your policy, you may be able to file a claim under your own insurance. You can also explore the possibility of suing the driver personally, though collecting payment may be more difficult if they lack assets.
An attorney can help explore these options and determine the best path forward.
How Long Do You Have to File a Civil Claim?
In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means victims must file their civil lawsuit within that time or risk losing the right to recover damages.
However, the sooner you act, the better. Evidence can disappear, witnesses may become hard to find, and building a strong case takes time.
Your Next Step Starts Here: Talk to a Drunk Driving Accident Lawyer Who Cares
Choosing the right drunk driving accident lawyer can make all the difference in your path to justice and healing. At Langley Law Firm, we don’t just handle cases—we fight for real people whose lives have been turned upside down by the reckless actions of impaired drivers. With an understanding of South Carolina law and a relentless drive to protect your rights, we’re here to help you secure the compensation you deserve. Don’t wait to take action—call us today at (864) 667-6144 for a free consultation, and let us help you turn a moment of tragedy into a future of recovery and resolution.
