North Carolina law treats drunk driving accidents differently from regular negligence cases. When a driver gets behind the wheel while intoxicated, they’re not just making a mistake—they’re committing a crime.
Understanding your enhanced legal rights as a drunk driving victim makes the difference between accepting standard compensation and recovering what you truly deserve. Our drunk driving victim accident lawyers in Marvin are ready to help you get full compensation.
DeMayo Law Offices has recovered over $1 billion for clients by holding drunk drivers fully accountable. As your car accident lawyer in Marvin, we know how to leverage criminal conduct to maximize your recovery. Your North Carolina Law Firm™ has spent over 30 years proving drunk driving cases and securing enhanced compensation for victims.
The Legal Standard for Proving Impairment in Civil Cases
Criminal prosecutors must prove drunk driving beyond a reasonable doubt—a very high standard. Civil cases use a much lower burden of proof: preponderance of the evidence, meaning more likely than not. This difference matters tremendously for your case. A drunk driver may avoid a criminal conviction and still owe you compensation.
Blood alcohol content (BAC) evidence forms the foundation of impairment claims. North Carolina law presumes drivers with a BAC of 0.08% or higher are impaired. BAC results come from breath tests, blood tests, or, in some cases, can be estimated based on drinking patterns and timing.
As your Marvin personal injury lawyer, we obtain all criminal case evidence for your civil lawsuit. We get police reports, BAC test results, field sobriety videos, witness statements, and officer testimony. This evidence can prove impairment in civil court, even if criminal charges were reduced or dismissed.
For a free legal consultation with a drunk driving victim accident lawyer serving Marvin, call (877) 333-1000
When Bars and Restaurants Share Responsibility
North Carolina’s dram shop law allows you to pursue compensation from establishments that served alcohol to visibly intoxicated people who then caused accidents. If a bar kept serving drinks to someone who was obviously drunk, and that person later hit you, the bar shares liability. This liability creates an additional source of compensation.
Proving dram shop liability requires showing the establishment served alcohol to someone who was “noticeably intoxicated.” Bartenders, servers, other patrons, or security staff may have observed signs, and financial records may show multiple drinks purchased in a short timespan.
Dram shop cases provide access to commercial liability insurance policies that often exceed personal auto insurance limits. A drunk driver might carry only minimum insurance of $30,000, but the bar that over-served them may have $1 million in commercial liability coverage. This additional coverage matters tremendously when your injuries are severe.
Marvin Drunk Driving Victim Accident Lawyer Near Me (877) 333-1000
Social Host Liability for Private Parties
North Carolina also recognizes social host liability in limited circumstances. If someone hosts a party and knowingly serves alcohol to someone under age 21, and that minor then causes an accident, the host may be liable.
This applies to house parties, graduation celebrations, or any private gathering where underage drinking occurs with the host’s knowledge. Social host liability is narrower than dram shop liability. It only applies when alcohol is served to minors—not when adults are over-served at private gatherings.
The host must have known the person was underage and that they were being served alcohol. When these elements exist, homeowners’ insurance policies may provide coverage for resulting damages.
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Obtaining Criminal Evidence for Your Civil Case
The criminal case against the drunk driver generates valuable evidence for your civil claim. Police reports document the investigation, BAC results, field sobriety tests, and the officer’s observations. Criminal court proceedings create testimony under oath. Video evidence shows the driver’s condition. All of this evidence becomes available for your civil case.
Our Marvin drunk driving victim accident attorneys will monitor criminal proceedings closely to obtain evidence as it develops, such as:
- Police reports and accident reconstruction documents filed with criminal charges
- BAC test results from breath, blood, or urine analysis
- Field sobriety test videos from dashcams and body cameras
- Witness statements given to police investigators
- Testimony from the criminal trial or plea hearing
- Expert reports about impairment levels and effects
Criminal convictions provide particularly strong evidence in civil cases. When a jury finds the driver guilty of DUI, that conviction proves impairment conclusively. Even plea agreements to reduced charges demonstrate the driver was impaired—prosecutors don’t reduce charges without evidence supporting the original offense.
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Why Drunk Driving Cases Require Aggressive Representation
Insurance companies defending drunk drivers face enormous exposure. They know juries hate drunk drivers and award substantial damages. They know punitive damages can exceed policy limits. This knowledge makes them desperate to settle cases quickly.
Early settlement offers in drunk driving cases are almost always inadequate. Insurance adjusters present them as generous, emphasizing they’re offering policy limits. They don’t mention potential dram shop claims, punitive damages, or other recovery sources. They hope you’ll accept their offer before consulting an attorney.
DeMayo Law Offices investigates every potential source of recovery. Our aggressive approach has recovered more than $1 billion for clients, including more than 25 settlements over $1 million.
About DeMayo Law Offices
Your North Carolina Law Firm™ has fought for injured North Carolinians for over 30 years. Our team brings 250+ years of combined experience to drunk driving cases. When we present BAC evidence, field sobriety videos, criminal convictions, and dram shop liability claims, defendants understand they’re facing substantial verdicts if cases go to trial.
You don’t pay us anything unless we win your case. That means no retainer, no upfront fees, and not a dime until we secure your compensation. Whether you’re facing medical bills, lost income, or permanent injuries caused by a drunk driver, we’ll fight for maximum recovery.
Contact Our Marvin Drunk Driving Victim Accident Attorneys Today
Punitive damages, dram shop claims, and criminal evidence create opportunities for significantly greater compensation. Don’t accept an insurance company’s first offer without understanding what your case is truly worth.
Contact DeMayo Law Offices today for a free consultation with our team. After that, our drunk driving victim accident lawyers in Marvin can evaluate all sources of recovery, obtain criminal case evidence, and fight for the maximum compensation you deserve. You don’t pay us anything unless we win your case.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
