A drunk driver puts innocent people at risk of a lifetime of health and emotional trauma, not to mention financial loss. If you were hurt by one and you are struggling to receive fair treatment and compensation for your losses, contact a drunk driving accident lawyer in Charlotte.
At Shane Smith Law, founded in 2009, our Charlotte car accident lawyer can provide you with a free consultation to learn more about your rights and begin holding those who hurt you accountable. “In pain? Call Shane!”
Drunk Driving Accident Risks in Charlotte Are High
Motor vehicle accidents are always serious, but those caused by drunk drivers are especially devastating. Motorists have known for decades that drinking and driving endangers themselves and everyone else on the road, and yet, each year, millions of drivers get behind the wheel after having a few too many.
According to the Centers for Disease Control and Prevention, tens of thousands of people were injured—and thousands were killed—in drunk driving accidents in recent years, some of them right here in North Carolina. Sadly, despite law enforcement officers arresting more than a million motorists annually for driving under the influence of alcohol, drunk driving remains a significant problem on America’s roads.
If a drunk driver hurts you, you may be eligible for compensation for damages such as medical expenses, property damage, lost wages, loss of earning capacity, pain and suffering, and more. Here’s what you need to know before moving forward with a civil DUI accident case.
For a free legal consultation with a drunk driving accident lawyer serving Charlotte, call (980) 246-2656
Common Causes of Drunk Driving Accidents
Hiring a Charlotte personal injury lawyer after you suffer injuries caused by a drunk driver is an essential step. Once you do, our team gets to work uncovering what happened and why. When a driver is intoxicated or even slightly impaired, they can cause accidents such as:
- Falling asleep at the wheel and striking another driver
- Drifting into another lane, often leading to head-on collisions
- Swerving rapidly back and forth, causing side-swipe accidents
- Failing to stop at stop signs and red lights, leading to entering the intersection without the right of way
- Causing multi-vehicle accidents by striking one vehicle and another, often traveling across the center line
Our drunk driving attorney works with victims hit by drunk drivers and suffering serious injuries as a result. After a car accident like this, you need to focus on your healing and recovery. We will focus on getting justice for you through a civil lawsuit brought against the driver and their insurance company.
Charlotte Drunk Driving Accident Lawyer Near Me (980) 246-2656
Common Injuries from Drunk Driving Accidents
Drunk driving accidents in Charlotte happen on the interstates, commercial areas of the community, and even in small neighborhoods. Regardless of speed, drunk driving crashes often cause severe injuries because impaired drivers may fail to react or brake in time. If you have any of the following injuries, our drunk driving accident attorney is the legal resource you need:
- Traumatic brain injuries from blows to the head
- Spinal column damage, including herniated discs, fractured vertebrae, and nerve damage
- Broken bones, including complex fractures
- Internal organ damage due to impact
- Amputations
- Soft tissue injuries, including sprains and strains
- Lacerations, infections, and scars
Many victims lose their lives as a result of these accidents, and that can mean the family members have the right to seek financial recovery of damages. Our Charlotte drunk driving accident attorneys will provide you with clear support in every case. We make it clear what your rights are and hold insurance companies to those rules.
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Steps to Take After a Drunk Driving Accident
Victims of a drunk driving accident must take steps to protect their health and well-being in every situation. In the ideal situation, you will know what to do if a drunk driver hurts you. Take these steps whenever possible:
- Call 911 immediately. Get yourself out of the way of further injury if possible. Do not leave the area.
- Take photos of the other driver, their vehicle, license, accident damage, and all other details that could help you to document what happened later.
- Take a video of the driver if it is safe to do so. This could demonstrate their intoxication later.
- Request the contact information from anyone involved in the accident, as well as any party that saw what occurred.
- Provide the police with only a factual statement about what happened and what you saw before or after the accident.
- Get medical care immediately. Even if you feel okay, if you hit your head, have injuries, or were hit hard, seek out a full examination in the emergency room to properly get care for your injuries.
As soon as you are able, let us step in to provide you with legal protection and guidance. Let our team build a strong case for you that outlines all of the ways this accident is impacting your health and well-being.
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North Carolina Drunk Driving Laws
In North Carolina, a person who is driving under the influence is committing a crime. It is illegal to operate a vehicle while noticeably impaired or in situations where blood alcohol levels are 0.08 or higher. For commercial truck drivers, the limit is 0.04, as noted by the North Carolina Driving and Alcohol report. Failure to abide by these laws may result in:
- Fines from $200 up to $4,000
- Minimum jail sentence of 24 hours for a first offense (up to 60 days) or a minimum sentence of 30 days (with up to one year) for those committing a Level 1 violation.
- Judges may suspend some sentencing for jail time in minor charges, but cannot suspend the minimum jail time sentence for a Level 1 violation.
Note that impaired drivers must complete a substance abuse assessment. If recommended by treatment specialists, they must also agree to treatment. This could limit their ability to get their license back.
Evidence in a Drunk Driving Case Can Help You Build a Strong Claim
Our drunk driving accident lawyers in Charlotte will provide you with guidance on pursuing legal action, but the more evidence available to do so, the better. Evidence is critical to proving not just that the other person had a high blood alcohol level but that they were unable to operate a vehicle safely. Some of the types of evidence we will seek in many cases include:
- Statements from all parties involved about what the other driver was doing prior to the accident
- Medical records that indicate the blood alcohol concentration of the other driver
- Police reports that indicate the smell of alcohol or evidence of a failed test demonstrating intoxication
- Statements from those who saw the person drinking prior to the accident
- Documentation of evidence found in the vehicle, such as open bottles
- Accident expert testimony about the actions of the driver prior to the accident, based on their intoxication
We use this information to help build a clear picture of what took place. While the police will pursue criminal charges against a person who is drunk at the time of an accident, their objective is not necessarily to provide evidence to you as the victim. For that, turn to our Charlotte drunk driving accident attorney for guidance.
Patience is Key After a DUI Crash in North Carolina
Motor vehicle accidents can be exhausting—both physically and emotionally. After being hurt in a serious crash, many accident victims just want to put the entire stressful ordeal behind them. However, settling too soon in a DUI crash case can be a significant mistake. Driving under the influence is a crime, which makes it a matter for the criminal justice system in addition to being something that can be litigated in civil court.
Once the criminal case has concluded, you and your attorney will be able to access a veritable wealth of information, including the defendant’s arrest records, evidence presented at trial, and rulings and verdicts. This can help you build a strong case and increase the value of your claim.
As skilled drunk driving accident lawyers serving Charlotte, our team is here to help you throughout the legal process. A component of that process is ensuring that you know what your rights are, who is to blame, and the legal steps available to help you recover full and fair compensation for all of your losses. Do not wait to contact us to learn more about your losses.
Statute of Limitations in North Carolina
While we encourage you not to file a claim for losses after your drunk driving accident until you know what your losses are, you must do so within the North Carolina statute of limitations (G.S. 1-52 Page 1 § 1‑52). In most cases, you have three years from the date of the injury to file a lawsuit against the at-fault party. Waiting beyond that eliminates your right to seek action.
Third-Party Liability in a Drunk Driving Accident Case
One step we can take is to demonstrate that all parties are responsible for your injuries and losses. This may be more than just the driver. Sometimes, a third party (not the driver) may be held liable. Some examples of this include the following:
- A party host. If a person hosts a party in which alcohol is served, they take some level of ownership over that person’s actions. If they know that the person is going to get behind the wheel of a car and was drinking alcohol and fail to stop them, the party host could be responsible for the losses you have.
- Dram shops. A dram shop is a location in which a person is drinking alcohol, such as a bar or a club, prior to getting behind the wheel of a car. If the location could visibly see (or should have been able to see) the intoxication of the person and they continued to give them alcohol, they could be liable for the injuries that occurred.
- Fundraisers and other organizations. Employers, nonprofit organizations, event holders, or any other organization that hosts an event in which alcohol is present, provides that alcohol to others, and then knowingly sends people on their way could be held accountable for the actions of that person.
Third-party liability opens the door for additional avenues for pursuing compensation for your accident. It does not apply to all situations, but when there is clear evidence that another person could have intervened and they did not do so, you have the right to seek compensation from them. Let our drunk driving accident lawyer in Charlotte prove those rights, which you can learn about in our prior results.
Drunk Driving Accidents With Trucks
It is also important to know that if the truck driver caused your accident, the trucking company may be held liable if it knew about the risk and failed to act. If an impaired semi or tractor-trailer driver injures you or a loved one, we will look at all available avenues to hold the responsible party accountable.
Do Not Settle for Less Than You Deserve
Accepting the first settlement the insurance adjuster offers may seem like a quick and easy way to move on after being injured in a drunk driving accident. However, it can put you at a significant disadvantage when it comes to the amount of compensation you’ll receive.
Insurance adjusters know to present low settlement offers first in the hopes that the victim will be desperate enough to accept the money without fighting for more. Without a knowledgeable DUI victim attorney by your side, there are numerous opportunities for an insurance company to take advantage of you after an accident.
Pursuing compensation through a personal injury lawsuit may take longer than accepting a quick and small settlement. However, the results can be worth it.
Understanding Punitive Damages
Most of the damages awarded in personal injury cases fall into the economic or non-economic categories. However, when a judge or jury wants to punish particularly egregious behavior by a defendant and discourage others from engaging in similar conduct, punitive damages may also come into play.
Unlike other types of damages, which seek to compensate the victim for a loss, punitive damages are paid to the victim as part of the defendant’s legal punishment. This punishment, when applicable, can significantly increase the compensation you receive.
Additionally, judges may order defendants to pay civil damages to drunk driving victims during the course of their criminal trial. These damages are in addition to those the victim may obtain in a subsequent civil case. Talk with a Charlotte catastrophic injury lawyer today about your case.
How Our Charlotte Drunk Driving Accident Lawyer Can Help You Now
If you were hurt in a drunk driving accident, focus on your mental and physical health recovery by taking steps to get care. Give our team a call to set up a free, no-obligation consultation, and let us help you with several factors.
- Determine who is at fault. Let our legal team address the fault in your case. We will investigate all potential parties that could have been responsible.
- Calculate the losses you have. To do this, our legal team will discuss all aspects of your injuries, lost time at work, and other financial implications, along with pain and suffering. We will verify and back up any claims with evidence.
- Fight for a fair settlement. Remember that the police are not going to do anything to help you recover the damages you suffered. As a result, you need a legal team to create a strong claim for you and hold those who hurt you accountable.
- Go to court when necessary. Expect our team to fight for you in court if the insurance company will not provide fair compensation.
Drunk driving accident attorneys in Charlotte know what is on the line for victims. We have helped many clients navigate the challenges they face after difficult drunk driving accidents with serious injury and loss. Let our Charlotte wrongful death lawyer help you navigate this process as well with the one-on-one guidance you need now.
Schedule a Free Consultation to Discuss Your Case with Shane Smith Law
Contact Shane Smith Law today to request a free consultation about your injuries caused by a drunk driver. With our decades of experience and passionate legal representation, you can trust our drunk driving accident attorneys in Charlotte to remain by your side throughout this legal process. Call us now to learn more.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
