Drunk driving is a reckless decision. Any driver who decides to get behind the wheel after drinking alcohol puts everyone else at risk. The impact of a crash can cause life-changing injuries, resulting in expensive medical bills, lost wages, or the loss of a loved one.
If you suffered injuries in a car accident involving a drunk driver, you may be confused about your legal options and what steps to take next. The Charlotte DUI accident lawyers at DeMayo Law Offices can pursue the justice and maximum financial compensation you deserve.
DeMayo Law Offices has secured over $1 billion in judgments and settlements. Our Charlotte car accident lawyers will protect your rights and build a strong case on your behalf, fighting to hold the negligent driver accountable. Call DeMayo Law Offices, Your North Carolina Law Firm™, for a free consultation.
Drunk Driving Qualifies as Negligence Under North Carolina’s Laws
Various drunk driving laws can come into play in your DUI accident case. Our Charlotte personal injury lawyers can demonstrate an impaired driver’s negligence using these laws. Driving under the influence of alcohol or drugs is illegal in North Carolina. Depending on the circumstances, the driver could face misdemeanor or felony charges.
Any amount of alcohol can impair someone’s ability to drive safely. Common symptoms experienced include:
- Poor judgment
- Slower reaction time
- Loss of coordination
- Blurry vision
- Drowsiness or loss of consciousness
- Decreased alertness
- Reduced sensory perception
What Constitutes Drunk Driving?
Under North Carolina driving laws, drivers aren’t allowed to operate a motor vehicle while under the influence of alcohol or with a blood alcohol concentration (BAC) of .08% or higher. Someone under the legal age of 21 automatically faces a criminal DUI offense under the state’s zero-tolerance law.
The legal limit for commercial drivers is even less; a BAC of 0.04% renders them an intoxicated driver in the eyes of the law.
For a free legal consultation with a dui lawyer serving Charlotte, call (877) 333-1000
Our Charlotte DUI Accident Attorneys Can Explain How You Can Support Your Case
Many people don’t know what to do after getting hurt in a car accident. It’s an overwhelming experience, especially if there are severe injuries. If you want to pursue compensation from the at-fault driver, the following steps will help protect your case:
Call 911. Under GS §20-4.01(33b), you must report a car accident that results in injury, death, or more than $1,000 in property damage. Law enforcement will arrive at the scene to perform an investigation and write a crash report that includes their findings.
- Obtain the other driver‘s information: Write down their name, contact information, and auto insurance details.
- Talk to witnesses: If anyone was around when the accident happened, speak to them about what they saw. Get their names and phone numbers so they can provide a witness statement during your legal case.
- Take photos: Take pictures of the crash scene. Pictures always tell a story and can provide insight into how the accident occurred and who caused it. This includes photos of your vehicle and the at fault vehicle.
- Go to the hospital: Even if you suffered minor injuries, you should still see a doctor. They will perform an evaluation and refer you for additional treatment if necessary. Follow their recommendations and continue to treat with your medical providers until they release you from care.
- Hire a DUI accident attorney in Charlotte, NC: Contact DeMayo Law Offices to speak with a Charlotte drunk driver accident law firm. People who choose to seek legal representation have a better chance of recovering the maximum monetary award than those who don’t.
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Types of Damages Our Charlotte DUI Accident Law Firm Pursues
Alcohol-related accidents on the road can cause catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and fractures. Treating such injuries can quickly become expensive, especially if you develop long-term medical conditions, such as chronic pain.
Damages include all expenses and losses associated with an accident. There are three types you can pursue after a drunk driving crash: Economic damages and non–economic damages and Punitive Damages.
Economic Damages
Economic damages refer to the losses that are financial in nature, such as:
- Current and ongoing medical expenses, such as hospital stays, physical therapy, and medication
- Out-of-pocket expenses
- Lost wages
- Lost future earnings
- Disability and loss of quality of life, including in-home aid and home modifications
- Property damage, such as car repair costs or car replacement
Non-Economic Damages
Non-economic damages are intangible losses, which can be more difficult to estimate. An experienced attorney can assign a monetary value to the following damages:
- Mental and emotional anguish
- Pain and suffering
- Loss of quality of life
- Physical or mental disability
Punitive Damages
These are designed to punish the intoxicated driver and discourage their behavior
Wrongful Death Damages
If a negligent driver caused your loved one’s fatal accident, our Charlotte wrongful death lawyers can fight for justice and compensation to help you cope in their absence. We understand that nothing can replace a loved one, but your family does not deserve to struggle financially after such a strategy.
Through a wrongful death claim, our drunk driving accident attorneys can seek coverage for:
- Funeral expenses
- Your loved one’s end-of-life medical expenses
- Your loved one’s income
- Loss of companionship
While you grieve in peace with your family, our skilled car accident attorneys can hold a reckless driver accountable while providing compassionate legal counsel.
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What Happens if the At-Fault Driver Lacks Insurance Coverage?
There’s a fault system in North Carolina that determines who’s financially responsible for damages that result from a car crash. Generally, the at-fault driver becomes liable through their auto insurance company. Liability coverage includes limits for bodily injury and property damage. These limits can provide compensation for the victim’s economic and non-economic damages as well as punitive damages in a DWI situation.
Although required by law, some drivers don’t have liability coverage. If the person who caused the crash doesn’t have insurance, you can file a claim with your auto insurance company. With UM (uninsured motorist) coverage, injured parties can file a claim for compensation if the at-fault driver doesn’t carry insurance.
You can attempt to recover the following damages in a UM claim:
- Past and future medical bills
- Past and future loss of income
- Pain and suffering
- Out-of-pocket costs
- Vehicle repair or replacement expenses
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How to Handle a Personal Injury Lawsuit Against a Drunk Driver
You have the option of pursuing legal action in the civil court system. Drunk driving is a serious offense. If you want to hold the other person responsible for their negligent actions, you can file a lawsuit against them.
Negligence is the legal theory that one party failed in their duties to exercise a reasonable degree of care to prevent another party from harm. To establish negligence, it’s essential to demonstrate the presence of five key elements:
- Duty of care: The at-fault driver owed you a duty of care.
- Breach of duty: The at-fault driver breached their duty.
- Cause in fact: If it weren’t for the at-fault party’s actions, you wouldn’t have sustained injuries.
- Proximate cause: The at-fault party should have known the breach of duty would have led to your injuries.
- Damages: You incurred damages as well as punitive damages
There’s a strict deadline known as a statute of limitations that accident victims must follow in any personal injury case. The statute of limitations in North Carolina is three years. You only have three years from the accident date to file a lawsuit for financial compensation. If you miss the deadline, you’ll lose your right to sue the drunk driver.
In addition to economic and non-economic damages, you can also seek punitive damages. Instead of compensating losses, it’s a form of punishment against the at-fault party. You may be entitled to this form of recovery if the following is established:
- Prove the other driver is liable for economic and non-economic damages
- Prove the liable driver acted with malice, fraud, or willful or wanton conduct
- Provide clear and convincing evidence of the acts
Our Charlotte, NC, DUI Accident Attorneys Can Meet Your Legal Deadline
Under N.C. Gen. Stat. § 1-52, you generally only have three years to file a personal injury lawsuit. If you do not take legal action within this timeframe, you risk losing your last chance for recourse against a liable party.
Our legal team can begin working on your case immediately after your free consultation to help you comply with this statute of limitations. We will keep our eye on the clock as we negotiate with an insurance company.
Why Choose DeMayo Law Offices for Your Charlotte DUI Accident?
People who get hurt in car accidents might choose to handle their case alone. That can end up being a mistake. The Charlotte drunk driving accident lawyers understand how to navigate the complicated legal process.
We know the tactics used by insurance companies to intimidate injured parties into accepting settlements lower than they deserve. When you hire DeMayo Law Offices, we’ll protect your rights and ensure fair treatment.
Our Legal Services
We have the experience and resources to handle each step listed below in a drunk driver accident case. For example, our personal injury attorneys in Charlotte can:
- Review coverages available on the at-fault driver’s liability insurance policy and file a claim.
- Gather crucial evidence, such as:
- Police report
- Copies of your medical records
- Results of the at-fault driver’s alcohol testing
- Video surveillance of the crash
- Photos from the accident scene
- Statements from witnesses
- Documentation proving the other motorist consumed alcohol before driving
- Submit evidence we find to the insurance company.
- Review all damages to determine an appropriate value for your case.
- Send a demand letter to the insurance company.
- Negotiate a full and fair settlement.
- File a lawsuit if we’re unable to reach a settlement agreement with the insurance company
We know you’re already struggling and trying to recover from the accident. You won’t have to worry about the legal aspects of your case. We’ll take care of everything for you. We use aggressive tactics to pursue fair compensation for motor vehicle accident victims for their total damages.
Our Charlotte drunk driver accident lawyers have experience working on insurance claims and bringing cases to court. We never back down from a fight, and we’ll work hard to recover the maximum compensation you deserve.
You can feel confident knowing our team won’t let anything fall through the cracks. Each case we take is a priority to us, and our client testimonials speak to our dedication. We always create a personalized plan to reach our clients’ goals.
You Can Afford to Hire Our Charlotte DUI Accident Lawyers
If you’re already struggling financially because of the damages you incurred, you can breathe a sigh of relief when you hire us. We take cases on contingency, which means you won’t have to pay upfront fees or costs.
We don’t collect legal fees unless we win the case. Even then, we only take an agreed-upon percentage of your potential settlement or verdict. If we don’t win, you won’t have to pay us.
This fee arrangement also gives you peace of mind, knowing that our DUI accident lawyers in Charlotte, NC, will be dedicated to securing nothing less than maximum compensation. We will utilize all our resources and knowledge to pursue the justice and awards you deserve.
Injured in a Drunk Driving Car Accident? Call Our DUI Accident Lawyers in Charlotte, NC
At DeMayo Law Offices, Your North Carolina Law Firm™, we believe in holding people accountable for their actions. Drunk driving is dangerous. We’ll pursue justice and hold the other party liable for the harm they caused. Our case results show that we will fight to secure the compensation you need to recover from your injuries and move forward with your life.
If you were the victim of a car crash caused by a drunk driver, a DUI accident attorney in Charlotte, NC, from DeMayo Law Offices can help you. Talk to an experienced car accident attorney today to learn about your legal options and how we can help you secure the financial reward you need. Call us today for a free initial consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
