Columbia DUI Accident Lawyer

Drunk driving accidents continue to pose a serious threat on Columbia’s roads, from Interstate 26 to Assembly Street and Two Notch Road. According to the South Carolina Department of Public Safety, nearly 44% of all traffic fatalities in South Carolina involve alcohol-impaired drivers.

These crashes often result in severe injuries, permanent disabilities, and wrongful deaths. Unlike typical car accidents, DUI collisions frequently occur at full speed because impaired drivers fail to brake before impact, leading to more catastrophic outcomes.

If a drunk driver caused your injuries or the death of someone you love, you have the right to seek compensation for your medical bills, lost wages, pain and suffering, and other losses. At Stewart Law Offices, we’ve spent 30 years helping injury victims in Columbia hold reckless drivers accountable. We understand the physical, emotional, and financial toll these crashes take on families, and we’re here to fight for the justice and financial relief you deserve.

Why Choose Stewart Law Offices?

Since 1995, Stewart Law Offices has provided comprehensive legal representation to injury victims throughout Columbia and South Carolina. Our attorneys understand the unique challenges of DUI accident cases and work tirelessly to secure the best possible outcome for each client—even when the crash involves aggravating factors such as a hit-and-run driver attempting to evade responsibility.

1. Experience with South Carolina’s Punitive Damages Law

In standard South Carolina car accidents, punitive damages (money meant to punish the wrongdoer) are often capped by state law. However, South Carolina law contains a vital exception: if the defendant was under the influence of alcohol or drugs, there is typically NO CAP on punitive damages. 

A professional DUI Columbia car accident lawyer, like Stephen Vicari, knows how to leverage this statute to demand significantly higher settlements, forcing insurance companies to pay up rather than face a jury that will despise their client.

2. Thorough Investigation of All Liable Parties

When the drunk driver has minimal insurance coverage, attorneys investigate other potentially liable parties. This includes bars or restaurants that served the driver, or social hosts who provided alcohol to minors. South Carolina law allows victims to pursue claims against businesses that served visibly intoxicated individuals. Bars and restaurants often carry liquor liability policies that can provide $1 million or more in coverage.

3. No Recovery, No Fee

Stewart Law Offices works on a contingency fee basis. There are no upfront costs, and legal fees are only collected if compensation is recovered.

Criminal vs. Civil Law Cases: Understanding the Difference

Many victims assume that, because the driver was arrested, the criminal and civil cases serve the same purpose. However, they serve different purposes.

There are two separate legal systems at play, and they have very different goals.

• The Criminal Court (The Solicitor): Seeks to hold the driver accountable through jail time, fines, or license suspension. Criminal proceedings do not compensate victims for their losses.
• The Civil Court: Allows victims to pursue the financial resources needed for recovery.

What if the driver is found Not Guilty in criminal court?

A civil claim for compensation can still succeed even if the at-fault driver is not convicted in criminal court. This is because your right to compensation does not depend on a criminal conviction. The burden of proof in civil court is lower, requiring only a preponderance of the evidence (more likely than not), while criminal court requires proof beyond a reasonable doubt.

Determining Liability in DUI Accidents

Liability often extends beyond the person behind the wheel. In South Carolina, liability for a drunk driving crash can extend to the businesses and hosts who enabled this dangerous behavior.

1. The Drunk Driver

In South Carolina, a driver is legally impaired with a Blood Alcohol Content (BAC) of 0.08% or higher. However, victims don’t need a specific BAC number to succeed in a civil case. Even if the driver’s BAC was below 0.08%, impairment can still be proven through evidence, such as dashcam footage, field sobriety test results, and witness testimony.

2. The Bar or Restaurant

While South Carolina doesn’t have a traditional dram shop law, South Carolina courts have allowed negligence claims against bars and restaurants that serve alcohol to visibly intoxicated individuals when that service directly causes harm. Victims may recover compensation from the establishment’s liquor liability insurance policy if the business served a visibly intoxicated person who then caused the accident.

3. Social Hosts

If an adult knowingly serves alcohol to a minor (under 21) who then causes a crash, that homeowner can be held liable.

Common Injuries Caused by DUI Accidents

DUI crashes often result in severe injuries. Because drunk drivers often do not brake before impact, collisions occur at full speed, resulting in catastrophic injuries.

Common injuries from DUI crashes include:

Traumatic Brain Injuries (TBI)

A brain injury can mean personality changes, memory loss, and the inability to hold a job. These cases often require calculating the cost of decades of therapy and lost income.

Spinal Cord Injuries

Paralysis from spinal cord injuries requires comprehensive care, including:

• Retrofitting the home (ramps, wide doors)
• Modified vehicles.
• In-home nursing care
• Skilled nursing
• Home health aides

PTSD and Emotional Trauma

The mental trauma of a serious crash can be as debilitating as physical injuries. Non-economic damages compensate victims for anxiety, sleeplessness, and loss of enjoyment of life.

Other serious injuries common to DUI cases include:

• Fractured and broken bones
• Internal organ damage
• Burns and lacerations
• Permanent scarring or disfigurement
• Neck and back injuries

What Compensation Can You Recover?

Injury victims in DUI accidents may recover compensation for:

1. Economic Damages:

• Medical Bills: Ambulance, ER, surgery, rehab, and future surgeries.
• Lost Wages: The money you lost while recovering.
• Loss of Earning Capacity: If you can never return to your old high-paying job.

2. Non-Economic Damages:

• Pain and Suffering: The physical agony of recovery.
• Emotional Distress: The trauma of the event.
• Loss of Consortium: The impact of injuries on your relationship with your spouse.

3. Punitive Damages:

This is where DUI cases differ from normal wrecks. Punitive damages are designed to punish the defendant. We use the reckless nature of their act (choosing to drive drunk) to demand a payout that sends a message.

4. Wrongful Death Claims

If a loved one was killed by a drunk driver, South Carolina law allows family members to pursue a wrongful death claim to hold the responsible party accountable.

Steps to Take After a DUI Accident in Columbia

In a DUI crash, evidence evaporates fast. The actions you take in the first hour can determine the success of your case.

1. Call 911 Immediately: You need a police report. It is the foundation of your claim. Make sure the officer knows you suspect the other driver is drunk.
2. Seek Medical Attention – Go to the emergency room even without obvious serious injuries. Some injuries have delayed symptoms, and prompt medical care creates crucial documentation. Follow all treatment recommendations and attend every appointment.
3. Document Everything – If safe to do so, take photos and videos of the accident scene, vehicle damage, visible injuries, and the other driver’s condition. Look for signs of impairment like open containers, slurred speech, or unsteady movement.
4. Gather Information – Collect contact and insurance information from all drivers and witnesses. Obtain the police report number.
5. Preserve Evidence – Keep all medical bills, receipts, wage statements, and other accident-related documentation. Avoid posting about the accident on social media.
6. Avoid Recorded Statements – Insurance adjusters contact accident victims quickly, seeking recorded statements. Statements made before consulting an attorney can be used to minimize or deny claims.
7. Contact an Attorney – Early legal consultation allows for better evidence preservation and protection of legal rights.

Visit Our DUI Accident Lawyers in Columbia

How Insurance Companies Fight Back

Insurance companies often contact DUI accident victims within days, offering quick settlement checks, sometimes before the full extent of injuries is known. These fast settlement offers are typically for far less than claims are worth. Insurance companies make early offers before victims:

• Discover the full extent of their injuries
• Learn about delayed symptoms that emerge later
• Understand long-term medical needs
• Calculate lost future earning capacity
• Realize they need ongoing treatment or therapy
• Know about scarring or permanent disabilities

Once a settlement is accepted and a release signed, additional compensation cannot be pursued later, even if surgery becomes necessary or injuries prove permanent.

The Statute of Limitations

In South Carolina, you generally have three years from the date of the accident to file a lawsuit.

Do not wait three years.

• Security camera footage at the bar is overwritten in days.
• Witnesses move away or forget details.
• The driver’s insurance company is already building a defense against you.

The clock is ticking on the evidence we need to win. The sooner you call us, the sooner we can secure the proof.

How Our Columbia DUI Accident Lawyers Can Help

DUI accident cases present unique challenges because of the potential for significant punitive damages, multiple liable parties, and the need to coordinate civil claims with ongoing criminal proceedings.

Insurance companies and drunk drivers often employ aggressive defense tactics, making experienced legal representation essential. At Stewart Law Offices, our Columbia car accident lawyers have the resources and experience to handle complex DUI accident cases.

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