Why Hire Tatum & Atkinson If I Was Hit By A Drunk Driver In North Carolina?
Key Highlights:
- Why Hire Tatum & Atkinson If I Was Hit By A Drunk Driver In North Carolina? A DUI accident is different from a regular car crash. There are two aspects of an impaired driving accident: a criminal prosecution handled by the government and a civil case that you control.
- In North Carolina, the injured victim can sue impaired drivers for punitive damages, and there is no cap on those.
- The criminal prosecution does not cover your medical costs, but your civil case takes care of that.
- In North Carolina, the 1% rule means that the insurance companies will try to pin liability on you anyway.
- The evidence in such cases dissipates rapidly, so you need to act soon with the help of a lawyer.
Being struck by an intoxicated driver is much more complicated than an ordinary motor vehicle accident. If you are wondering “why hire Tatum & Atkinson if I was hit by a drunk driver in North Carolina?”, then you must know about our skillful representation that will not limit your case to mere insurance claim procedures. We have the knowledge to deal with concurrent legal actions to guarantee that the important police evidence remains safe.
In the state of North Carolina, such incidents may lead to the application of punitive damages against the driver who caused harm, whereas the defendants will attempt to invoke the harsh 1% rule on contributory negligence to prevent your compensation. At Tatum & Atkinson Law Firm, our North Carolina drunk driving accident lawyers are experienced in exploring all ways to collect NC drunk driving victim compensation from various sources, including those businesses that over-served the intoxicated driver.
Contact Tatum & Atkinson right now at (800) 529-0804 for a free case evaluation!
Why a Drunk Driving Crash Is Not an Ordinary Car Accident
Drunk driving remains one of the deadliest things that a person can do while driving since nearly one-third of all deaths in traffic accidents in the U.S. arise from drunk driving, notes the NHTSA. Being hit by a drunk driver NC is very different from a regular car accident.
The Human Cost
Since drunk drivers are unable to decelerate or even stop on time, injuries caused by such accidents are very serious, including trauma to the brain and spinal cord, fractures, and, unfortunately, in many cases, even death, which results in a claim for wrongful death in North Carolina.
Two Cases, Not One
The first thing to know about a drunk driving accident is that it starts two different cases. The State brings a criminal case against the drunk driver. At the same time, you are free to sue in a civil suit for injuries. The key here is that they are two different things, and it is the second one that many people overlook, because the criminal suit will not pay for your treatment.
Punitive Damages Drunk Driving NC and No Cap
In North Carolina, punitive damages are allowed for this kind of case, as the behavior is very outrageous. Crucially, according to N.C.G.S. § 1D-26, there is no cap exemption on punitive damages in such cases if the driver was under the influence at the time of the accident.
The Legal Challenges Victims Face
Although a DUI driver may have caused the accident, collecting on damages is far from easy. There are various hurdles that one has to jump through before a successful recovery can be made:
North Carolina’s 1% Rule
North Carolina follows the pure contributory negligence doctrine. Being 1% at fault is enough to be barred from recovering anything. Against a drunk driver, the insurers will invoke this rule, saying you should have known he was drunk or that you could have avoided the collision. This is a very real issue and must be considered right from the start.
How Insurers Handle DUI Accident Injury Claim North Carolina
Don’t count on the intoxicated driver’s insurance company to do the right thing. Claim adjusters will be calling for a recorded statement early on, making a quick offer on the cheap without knowing the true extent of your injuries, and searching for any fact that might apportion blame. The friendlier the phone call, the more careful you should be.
Proving Impairment and Fault
Compensatory damages depend upon establishing negligence. Punitive damages depend upon establishing impairment by clear and convincing evidence. This takes more than just an arrest; it means showing evidence like blood test results, crash reports, observations made by the police officer, witnesses’ statements, and often the criminal complaint itself assembled into one coherent story.
How Tatum & Atkinson Build a Drunk Driving Case
The whole process of filing an effective drunk driving accident case takes some time, effort, and approach to ensure that you get the most appropriate compensation. Here is how we file your case:
Preserving Evidence Before It Disappears
The video will get erased. The skid marks will wear away. The phone records will be destroyed, as will the bar records. We get to work quickly on securing the police report, blood alcohol concentration (BAC) and chemical test results, surveillance videos or dash-cam footage, witness statements, and, where appropriate, records showing where the driver had been drinking before the accident. North Carolina typically allows three years to bring an injury claim under N.C.G.S. § 1-52(16), but the evidence usually doesn’t last that long.
Investigating and Strengthening the Claim
In addition to getting our evidence together, we analyze the sequence of events leading to the collision, work with the criminal prosecution, as necessary, and enlist medical and accident reconstruction experts in the cases that require them. The objective is a strong claim and not merely a demand letter.
Pursuing Full Compensation
We pursue full compensation for current and future medical expenses, lost wages, pain and suffering, property damage, and, where the facts justify it, the unconstrained punitive damages available in impaired driving cases in North Carolina.
Hire Tatum & Atkinson After A Hit By A Drunk Driver In North Carolina
This law firm has been helping the injured citizens of North Carolina since 2006. There are a couple of aspects that make Tatum & Atkinson a natural choice regarding DUI injury cases specifically.
A Firm With a Personal Stake in Drunk Driving
One of the co-founders of Tatum & Atkinson, Season Atkinson, is a national board member of the directors of MADD (Mothers Against Drunk Driving).
Veteran-Led and Trial-Ready
Robert Tatum, founding attorney of Tatum & Atkinson, is a U.S. Army Special Forces veteran. His distinctions include the Million Dollar Advocates Forum and Super Lawyers. The Heavy Hitters always get their case ready for trial and thus are able to push insurers to do the same and to settle fairly.
A Client-Centered, Contingency Approach
You concentrate on your recovery, and we deal with the insurance company. We work on contingency fees, meaning that we won’t get any payment if you don’t.
Compensation You May Be Able to Recover
It varies according to the case itself, but North Carolina cases involving drunk driving could possibly claim the following:
- Medical expenses, past and future
- Loss of earnings and loss of ability to earn
- Suffering, pain, and mental anguish
- Damage to your vehicle and personal property
- Punitive damages (unlimited in impaired driving)
- Damages due to wrongful death
Demand Accountability. Put a Heavy Hitter on Your Side.
However, a DUI accident is much more complicated than a regular accident. In case you are wondering why hire Tatum & Atkinson if I was hit by a drunk driver in North Carolina, then the reason is that we act immediately and preserve the necessary police reports, blood alcohol level tests, and criminal records before they get destroyed.
Such terrible incidents typically become eligible for punitive damages, which the insurance companies contest fiercely using NC’s strict 1% rule to reject your claim. Our Raleigh drunk driving accident attorney knows how to counter such defenses and ensure that the drunk driver, along with the establishment responsible for serving him alcohol, gets punished.
Contact us now at (800) 529-0804 for a free consultation.
Frequently Asked Questions!
Do I really need a lawyer if the drunk driver was already arrested?
Yes, if you were injured. The criminal prosecution serves its purpose in punishing the driver who caused the accident; it does not make any compensation to you, and restitutions hardly ever cover actual costs. It is your own independent civil case, where your compensation will come from.
Can I recover if I was a passenger or the insurer blames me?
Yes, in general. You may claim compensation through the drunk driver’s insurance coverage. While the insurance company may try to claim you knew the driver was intoxicated to bar your recovery under North Carolina’s strict 1% fault rules, this defense doesn’t automatically ruin your case, as long as you provide solid evidence and have a skilled attorney to defeat the argument.
What does it cost to hire Tatum & Atkinson?
No costs are required upfront. The consultation is always free, and the firm works on a contingency basis, which means no fee until your case is won.
Will my case go to trial?
The vast majority of personal injury claims get settled out of court. However, thorough preparation for the trial makes for an equitable agreement, especially when dealing with potentially uncapped punitive damages. Preparation is negotiation power.
How long do I have to file in North Carolina?
Generally, three years from the time of the accident in the case of injury claims and two years from the time of death in the case of wrongful death claims. This is a shorter period than one might expect as facts and witnesses start to fade.
