A motorist chooses to drive while intoxicated and, unfortunately, causes an accident in which you suffer injuries and property damage. Hold this motorist responsible for their negligence. Talk with a drunk driving accident lawyer in Fayetteville, and they can explain the steps to take if you want to pursue compensation from this motorist via a claim or lawsuit.
The team at Shane Smith Law has over 100 years of combined experience. Speak with a car accident lawyer in Fayetteville about your drunk driving collision. We can pursue compensation for you as you recover from this incident. To get started, schedule a free case consultation.
Why You Should Get Legal Help After a Car Accident Caused by an Intoxicated Motorist
There’s no excuse for drunk driving accidents. Regardless, these accidents are reported in Fayetteville and other North Carolina communities. If you get help from a drunk driving accident attorney in Fayetteville following your car collision with an intoxicated motorist, you may be well-positioned to secure compensatory damages for your losses from the incident.
Your Fayetteville personal injury lawyer can share FAQs and other legal resources with you regarding drunk driving accident claims and lawsuits. They may ask for compensation from a liable party’s insurance company and negotiate a settlement on your behalf. Alternatively, if you want to see your case through to trial, your attorney supports your decision.
Shane Smith Law has served thousands of clients in auto accident cases and many others. We can examine your drunk driving collision case and explain your legal options. If you want to file a claim or lawsuit, we can help you every step of the way. Contact us today for more information.
For a free legal consultation with a drunk driving accident lawyer serving Fayetteville, call (980) 246-2656
How a Drunk Driving Accident Claim in Fayetteville Works
A motorist who chooses to engage in drunk driving is breaking the law. This individual can face criminal penalties for their actions. Along with these, they may have to cover the losses of anyone harmed during an accident they cause.
Your Fayetteville drunk driving accident lawyer may advise you to file an auto insurance claim following your collision with an intoxicated driver. In North Carolina, you may be subject to the state’s vehicle insurance requirements. Following your accident, your insurer may work with the insurance company of the other motorist to determine liability.
Ideally, a liable party’s insurance company offers you compensation for all of your accident losses. Yet, this may be unlikely to happen. This insurer may dispute your claim in spite of the fact that its client decided to drive while intoxicated. Because of this, your lawyer may encourage you to file a lawsuit and take your case in front of a judge or jury.
Fayetteville Drunk Driving Accident Lawyer Near Me (980) 246-2656
What a Drunk Driving Accident Lawsuit Is Worth
Your car accident attorney wants you to get case results that match your expectations. Before your lawyer files your drunk driving crash lawsuit, they may calculate your economic and non-economic damages. They may ask for money for your medical bills, car repair costs, lost wages, pain and suffering, and other losses.
Discuss any concerns or questions you have about the damages that you can get from a drunk driving accident with your lawyer. At this point, your lawyer can start building your case for damages. They may craft an argument designed to show a judge or jury that you are the victim of a motorist’s negligence and should be compensated accordingly.
Your attorney may use a motorist’s blood alcohol concentration (BAC) test results, traffic camera footage of your car accident, witness statements, police reports, and other evidence to strengthen their argument. If your lawyer has an extensive collection of proof, a liable party may be inclined to settle before your case goes to trial.
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How Much Time You Have to Sue a Drunk Driver
Under North Carolina General Statute § 1-52, you may have up to three years from the date of your auto accident with an intoxicated motorist to sue. The time frame for you to file your lawsuit may not be extended.
Your personal injury attorney can submit your lawsuit in alignment with North Carolina law. They may open settlement negotiations with the motorist at fault for your auto accident after they file your lawsuit. Your lawyer can negotiate a settlement as they get your case ready for trial.
Just because you sue an intoxicated driver for damages doesn’t guarantee that your lawsuit will be successful. Your lawyer is familiar with the burden of proof in drunk driving collision cases. They may commit substantial time and resources to develop an argument that proves negligence.
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How Negligence Can Determine the Final Result of Your Drunk Driving Accident Case
Your lawyer can give you information about how negligence is proven in a personal injury case. They want to make it clear to a judge or jury that a motorist was intoxicated and, as a result, should be held liable for the auto accident and your losses. In your lawyer’s argument, they may focus on the following elements of negligence:
- Duty of Care: A motorist has a legal obligation to comply with the rules of the road.
- Breach of Duty of Care: This motorist operated their vehicle while intoxicated, which represents a violation of their duty of care to others.
- Causation: The motorist’s breach of their duty led to your auto accident.
- Damages: You have incurred losses relating to this motorist’s actions.
Per North Carolina General Statute § 1-139, the defendant in a personal injury case bears the burden of proof of contributory negligence. Based on this, if the motorist liable for your drunk driving accident proves to a judge or jury that you are in any way at fault for this incident, you may be barred from recovering damages.
In Pain After a Drunk Driving Accident? Call a Fayetteville Drunk Driving Accident Lawyer
Let a Fayetteville drunk driving accident attorney from Shane Smith Law handle all aspects of your case. We can help you get fair compensation for your car accident losses through an auto insurance claim or personal injury lawsuit. To find out more, request a free case consultation.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
