North Carolina Drunk Driving Accident Lawyer for Injured Victims

A collision with an intoxicated driver may result in significant physical and emotional injuries, along with lost income and increased medical bills. Because of the reckless behavior of another individual that caused your accident, you deserve to hold the negligent person accountable and receive guidance on what steps you should take next from a qualified North Carolina drunk driving accident lawyer.

Motor vehicle accidents caused by drunk drivers are very different from standard auto accidents and typically provide an injured party with the opportunity to pursue a criminal case against the drunken driver, as well as file a civil claim to recover damages associated with the injury sustained.  The implications can be even more pronounced in North Carolina as the state’s strict contributory negligence laws, which bars recovery even with minimal fault. At Tatum & Atkinson Law Firm, we have attorneys who can represent a person who has been struck by a drunk driver to protect their legal rights, help them understand their options and take aggressive action to seek compensation for their injury from the first day.

If you are injured in an auto accident caused by a drunk driver, you should call us now to speak to a drunk driving lawyer in your area by calling (800) 529-0804.

How Drunk Driving Accidents Are Different Than Other Car Accidents?

When a person drives while under the influence of drugs or alcohol, it can be classified as an accident caused by gross negligence, as opposed to simply a careless driver who made a mistake. Due to the fact that alcohol and drugs impair judgment and slow reaction time, the situation is considered serious enough that courts generally impose harsher penalties on those who drive while under the influence than they do on those who drive without any impairment; therefore, the need for immediate representation from a drunk driving accident lawyer is critical.

Drinking and Driving Is Considered Gross Negligence

To drive while intoxicated is not a simple mistake, nor is it simply being careless; rather, it is an extremely irresponsible act that jeopardizes other people’s lives. It is for this reason that courts will generally classify a person’s actions as gross negligence if all of the facts of the accident have been presented before them. Accordingly, this classification has a major influence on the amount of liability and damages available in a civil lawsuit.

Criminal DWI Charges vs. Civil Drunk Driver Lawsuits

In some cases, the driver who causes an accident while intoxicated will be charged with DWI by the law enforcement officer who observed the driver driving in an impaired condition. In those situations, the driver has been arrested for DWI, but the conviction does not compensate the victim of that accident for any of their expenses or damages. The civil lawsuit for drunk driving, on the other hand, allows victims to seek compensation through a civil lawsuit to recover all substantiated medical expenses, lost wages, pain and suffering, or other economic damages caused by the accident.

How a DWI Conviction Can Strengthen a Civil Claim?

Impairment, as determined by DWI, is useful evidence for the plaintiff’s side of the case when establishing negligence against the driver. Although it is not necessary to prove this, it does lend considerable assistance to the plaintiff (or the drunk driving attorney) in proving negligence.

Punitive Damages in Drunk Driving Accident Cases

Drunk driving incidents are different from other traffic collisions because they are eligible for punitive damages. Punitive damages serve as a way to penalize and discourage extremely irresponsible behavior. As there’s likely to be more than simply ‘losses’ from a drunk-driving incident, more extensive compensation may be warranted when there is compelling proof of an intoxicated driver.

Drunk Driving Laws in North Carolina for All Alcohol-Related Injury Victims

North Carolina has among the toughest laws in the nation regarding drunk driving and related criminal liability. It is imperative to understand the process by which DWI charges will lead to civil lawsuits and how civil courts determine fault, as minor errors through the process of obtaining damages could prevent you from recovering compensation without the help of qualified drunk driving attorneys.

North Carolina DWI Laws (GS §20-138.1)

According to the laws of North Carolina, it is illegal to drive while you are impaired by alcohol or drugs (including both). In fact, it is not necessary to be visibly intoxicated in order to be charged; a legal limit (≥ 0.08%) or behavior observed may be used as evidence to support the charge.

Legal Limits for Driving Blood Alcohol Concentration (BAC):

* If you are 21 or older, 0.08%

* If you are operating as a commercial driver (CDL), 0.04%

* If you are under 21, 0.00% ( =No tolerance) – any detectable alcohol will result in a DWI

Impairment can occur from prescription medications, illegal drugs or any over-the-counter medications if they interfere with your ability to safely operate a motor vehicle.

Penalties for Drunk Drivers in North Carolina

In North Carolina, a DWI offense is considered a criminal offense and may subject the offender to the following types of penalties, as well as the nature of the crime itself:

Possible penalties can include:

• License suspension/revocation
• Jail/prison sentence
• Fines and costs associated with court proceedings, as well as mandatory alcohol treatment programs.

There are aggravating factors that may increase the penalties, including:

• Causing serious harm or death
• Having high levels of BAC
• Prior convictions related to DWI
• Driving drunk with a child in the car

While these punishments are intended to hold offenders accountable for their actions and to provide them with punitive measures, they do not compensate the victims of these crimes.

Civil Liability After a Drunk Driving Accident

Victims injured in a drinking/ DUI accident can file a civil lawsuit seeking monetary damages from the DUI driver in addition to any criminal prosecution. The civil lawsuit is an independent process from the criminal case, with a goal of maximising financial recovery.

A civil claim may involve:

• Filing against your drunk driver’s auto insurance policy
• The ability to recover damages up to the policy limits
• The ability to pursue additional compensation through litigation if the insurance coverage is not enough.

If your claim has been denied by the insurer, or if the insurer is trying to pay you less than you deserve, or if your injuries are severe and the costs of treatment continue to exceed what is available through insurance, you may need to file a lawsuit against the drunk driver. A local drunk driving attorneys near me can help you determine how best to proceed in your case.

The Contributory Negligence Law in North Carolina

North Carolina has established a strict contributory negligence law. This rule has a significant impact on the ability of people injured in a DUI accident to receive compensation through the courts. If an insurance carrier can establish that an injured party was at least one percent at fault, then the injured party will not be able to receive any financial recovery from the at-fault driver.

As a result of the law:

• Insurance companies work hard to shift blame to the victims of their insured drivers
• Statements made by you, gaps in evidence, and delays in filing your claim can hurt your case
• A local drunk driving accident attorney needs to be involved early on to help protect your rights as well as to help keep evidence intact and to prevent the insurance company from denying your claim unfairly.

By working with a local, experienced drunk driving accident lawyer near me can help ensure that your rights will be protected and that insurance companies will not deny your claim without reason.

What To Do After a Drunk Driving Accident in North Carolina?

Taking action immediately after a drunk driving accident can drastically impact your overall well-being (Including your personal safety and financial recovery). In North Carolina, there are very specific laws and practices around how a solicitor should assist you following a drunk driving incident.

The steps to take immediately following a drunk driving incident:

• Get medical attention immediately: Call 911 or go to an emergency room right away, even if you feel fine. Some injuries do not show immediately after the accident. Getting treated quickly creates a medical record directly connecting your injuries to an accident.
• Call law enforcement and report suspected impairment: If you suspect the other driver has been drinking or using drugs, ask the police to come to the site and let them know what you think. Police documents and sobriety testing are major pieces of evidence in a DWI case.
• Avoid admitting fault: Never say sorry, speculate on how the accident happened or accept responsibility for it at the scene. Your statements at the time of the crash may be misconstrued by insurance companies and could later be used to reject your insurance claim.
• Document the scene if it is safe: Document the incident with pictures or video of any vehicle damage and roadway conditions (i.e., potholes), tire skid marks, street signs, and license plate numbers. Include information about the date and time of the incident, weather conditions and visibility, to ensure that all pertinent information is available.
• Preserve all available evidence: Don’t throw away anything that was damaged (for example, personal items, vehicle parts, medical paperwork, and receipts), do not repair or dispose of anything until you have fully documented everything necessary for your claim.
• Contact a drunk driving accident attorney before insurers: Following a crash, it is common for insurance companies to contact you very soon thereafter. Consult with drunk driving accident lawyer near North Carolina who specialises in auto accident cases first. An attorney can assist you in protecting your legal rights, handle all communication from Insurance Companies, and ensure you do not make costly blunders.

To be successful with your claim, you will need to obtain all of the documents and evidence as mentioned below:

• Police crash report – The cause of the crash and what was seen by the police are all documented by police reports.
• BAC or sobriety test results – Determine how high or intoxicated you are at the time of your collision, and your ability to operate a vehicle safely.
• Medical records and bills – All show the extent of your injuries, and the medical treatment you have received and will require in the future.
• Photos and videos – Evidence of where the crash occurred, along with photos of the damage done to the vehicles involved.
• Witness contact information – It represents an addition to your claim of liability through independent corroborating evidence.
• Employment and wage records – Indicates how much you are missing out on/will be missing out on because of injury and how it will affect your ability to earn a livable wage in the future.

How Tatum & Atkinson Build Strong Drunk Driving Accident Cases?

Tatum & Atkinson are drunk driving car accident lawyers who specialize in drunk-driving car crash cases and will represent victims in the US. We gather evidence to support victims against the tactics of their insurance company and place liability for alcohol-based injuries with drunk drivers in North Carolina.

Independent Accident Investigation

Our team conducts an independent accident investigation, beyond what is contained in the police report. By investigating the accident site, examining the vehicles for damages, reviewing available video surveillance and obtaining witness statements, a local drunk driving accident lawyer can gather important information not always available through insurance claims or other means and present that information to the courts.

Obtaining Toxicology and Police Evidence

We work quickly to get a copy of the breathalyzer testing, blood testing, the field sobriety test results, and the police report. Toxicological evidence provides the means to assess the level of intoxication of a driver, thereby substantiating his or her impaired driving, for the purpose of establishing liability for any accident.

Working With Medical Experts

We engage with expert physicians in order to better understand the extent of injuries sustained and how they relate back to an incident (i.e., car accident) and how this can aid in developing ongoing care for continuing rehabilitation, and also future medical expenses.

Calculating Full Damages

Drunk driving accident attorneys will calculate damages, both economic (medical bills/lost wages) and non-economic (pain/suffering/emotional distress) for all clients based upon a comprehensive calculation. No aspect of a client’s damages will be ignored or undervalued.

Handling Insurance Negotiations and Litigation

To protect themselves from paying out on drunk driving claims insurance companies will usually try every possible way, including denying claims. We as DUI accident lawyer near me can help you by handling all negotiations, fighting back against the tactics of these insurance companies, and being ready to take your case to court if we need to litigate.

“Drunk driving is a very conscious choice that puts thousands of innocent lives at risk. But we do our best to bring negligent individuals accountable and provide strong legal protection. We are willing to stand up to insurance companies on their behalf.”

— Robert Tatum

Compensation Available in a Drunk Driving Accident Lawsuit

An individual drunk driving accidents vary in complexity and value, based on the types of auto accident injury sustained, the types of insurance available to the victim, and the strength of liability against the drunk driver. In most cases, it is possible for a drunk driver lawyer to identify all available options for compensation and represent victims fairly in settlement negotiations or litigating cases against the drunk driver.

Medical Expenses

Includes all costs associated with medical treatment due to an accident occurring, whether immediate or in the future.

• Emergency care and inpatient hospitalization
• Surgical procedures, rehab exercises and therapy programs
• Influenced by future medical needs and ongoing treatments

Lost Wages and Loss of Earning Capacity

Lost wages are available for those who sustain injuries and are unable to earn an income as a result. This may include:

• Missing paychecks as you recover from your injury
• Decreased capacity to perform the job for which you are employed
• Future earnings potential that was reduced as a result of your incident

Pain and Suffering

Takes into account the effects the car accident had on the victim physically (e.g., how the injury damaged my life).

• Ongoing pain/injury
• Loss of ability to do things that I used to do
• Lack of enjoyment/quality of life due to physical limitations

Emotional Distress

Describes the psychological impact of being hit by a drunk driver.

• Anxiety, depression, or stress from a traumatic event
• Disruptions in sleep patterns due to post-accident stress
• Stress on personal relationships caused by emotional difficulties

Property Damage

Includes payments to replace or restore property that is damaged or destroyed.

• Repair of vehicle or replacement
• Damaged personal items inside vehicle

Wrongful Death Damages

If the accident caused by drunk driving results in death, the family of the deceased individual can claim damages for:

• Funeral and burial costs
• Loss of financial support and other services
• Loss of companionship and support of the deceased

Punitive Damages

Punitive damages are sometimes awarded in instances of extreme recklessness.

• Intended to punish the drunk drivers
• Provide deterrent against similar behaviours in the future
• Punitive damages are only available when there is evidence of gross negligence or some other extraordinary conduct.

Time Limits for Filing a Drunk Driving Lawsuit

Under North Carolina’s legal system, there are strict time limits to bring legal action.

• Personal injury cases must be brought within three years from the date of the injury.
• Wrongful death actions must be filed within two years of the person’s death.

It is essential to see a qualified attorney if you are facing an expired statute of limitations to obtain repairs from your loss, otherwise you will lose the chance to seek recovery.

Why Choose a North Carolina Drunk Driving Accident Lawyer at Tatum & Atkinson?

When selecting a lawyer for your drunk driving accident case, a trusted and experienced attorney can affect the final outcome of the case significantly. Tatum & Atkinson strive to assure that victims are supported by local expertise, thorough preparation of their cases, and a consistent level of communication from the time of hiring an attorney to the conclusion of the case.

• North Carolina–specific legal experience: North Carolina injury lawyers understand North Carolina’s stringent contributory negligence and drunk driving laws along with all applicable procedures for filing claims. Hence, a lawyer will be able to substantively evaluate your case so you can effectively defend your Injured Person Claim.
• Familiarity with local courts and insurers: Our interactions with insurance companies and North Carolina courts give us an understanding of the common tactics used by insurers and how to effectively respond to them on behalf of our injured clients.
• Trial-ready case preparation: The majority of our claims are settled through negotiations; however, we take the necessary steps to prepare each claim as if it is going to trial so that we can take a firm position in discussions and also be prepared for any subsequent litigation that may take place if no out-of-court resolution occurs.
• Personalized client communication: Clarity and honesty in communication, along with keeping clients updated on each step of the process, allows clients to understand their next step and what is available to them.
• No upfront legal fees: Clients will generally have no out-of-pocket cost to get started on their legal case since we will not collect any legal fees unless the client recovers compensation. By allowing clients to have access to skilled representation without the financial burden of upfront payment for our services, we provide support without financial stress.
• A client-first philosophy: As a firm founded on advocacy, accountability, and respect, we place a high priority on protecting your best interest and working towards attaining a just and fair result when dealing with those who drive while impaired and their insurance companies.

If you are in need of the services of a drunk driving accident attorney near me, Tatum & Atkinson is available to assist you with your legal concerns.

Talk to a North Carolina Drunk Driving Accident Lawyer Today

If you were injured by a drunk driver, you have the right to hold the drunk driver accountable and pursue financial compensation for your injury under North Carolina law. The timeline for these cases is short; important evidence such as toxicology reports, eyewitness statements, and video footage will be lost if legal action is delayed. Working with a qualified drunk driving accident lawyer will help safeguard your rights throughout this process.

At Tatum & Atkinson Law Firm, we provide focused and locally-based representation. Our attorneys can assist with your inquiry regarding “drunk drivers,” but we also know how quickly things happen in these situations, so we will assist you in making the best possible decision for your specific situation, without pressuring you.

Contact us today at (800) 529-0804 and we will schedule a free consultation with a North Carolina drunk driving accident attorney.

Frequently Asked Questions About Drunk Driving Accident Lawyer

What happens if you get in an accident while drunk?

If you cause an accident while drunk you may face criminal DWI offense, suspended driver’s license, misdemeanor fines, jail time, or financial responsibility for injured victims.

Can you sue a drunk driver for hitting you?

Yes, the victims of a drunk driver have the right to file a civil suit against that driver, seeking financial compensation for their medical expenses, lost income, physical pain and suffering, and any additional economic losses due to injuries caused by those actions.

When drunk driving become illegal?

When a person’s blood alcohol content exceeds .08% they have broken the law for driving while intoxicated under North Carolina law. Driving while under the influence of chemicals (including alcohol) may lead to impairment in operating the vehicle safely.

How does drunk driving cause accidents?

Drunk driving is dangerous because a person’s ability to react quickly, control their body, make smart decisions is compromised. A person driving under the influence will often speed, drive in an unsafe direction, and miss important hazards.

Why drunk driving is dangerous?

Alcohol or drug-related impairment affects a driver’s ability to adequately react to traffic conditions, increasing the risk of injury or death for himself or herself and any other individuals on the road (passengers and other drivers).

What are the laws for drunk driving in North Carolina?

The law in North Carolina prohibits impaired driving, establishes a maximum allowable blood-alcohol content (BAC) for when a person is legally impaired, creates criminal penalties for drivers who operate their vehicle while under the influence, and permits victims of injuries to seek compensation.

Is North Carolina a no-fault state for car accidents?

North Carolina is a no-fault state and has a very strict rule of contributory negligence for victims of motor vehicle accidents, meaning that victims can be denied any recovery based on their own level of fault even slightly.