Drunk drivers are an extreme danger on North Carolina roads. Their irresponsible decision to drink and drive can leave you and your family gravely injured. Drunk drivers are easily distracted, react poorly, and can often be aggressive. Their intoxication makes it much more likely they will cause a serious accident on North Carolina roads.
At Ellis Law, our dedicated car accident lawyer knows how to help you navigate the aftermath of a drunk driving accident. If you’ve been injured by a drunk driver, we will explain why drunk driving claims are different from typical motor vehicle collisions and how to best pursue your case to ensure you are fairly compensated for your injuries. These cases are complex, but we are here to help you through this difficult time.
What Happens to the Drunk Driver After an Accident?
The drunk driver will likely face criminal penalties for their actions. The investigating police officer will perform a series of tests on the driver at the scene and if the officer believes the driver is under the influence of alcohol or drugs he or she will be arrested for driving while impaired (DWI) in violation of N.C.G.S. § 20-138.1. – Impaired driving. A state prosecutor will then pursue charges against the drunk driver to seek a conviction.
If convicted, the drunk driver could face substantial penalties. This is especially true when their actions caused you serious injuries or resulted in the death of a loved one, or if the driver has prior convictions for DWI. Their criminal conviction may also be helpful in proving your civil claim. It may prove that they committed the drunk driving act, letting you focus on proving how the act caused your damages.
Working With Insurance Companies After a Drunk Driving Accident
You will likely seek compensation from the other driver’s insurance company and perhaps your own after an accident. You and your attorney can seek monetary damages from the drunk driver’s insurance company first. This means filing a claim and working with an insurance adjuster to reach an amicable settlement which fairly compensates you for your losses and accounts for the drunk driver’s egregious actions. If the drunk driver’s insurance limits are low and your damages are extensive, you may also be able to file a claim with your own insurance company.
Be careful when working with insurance companies after a serious accident, especially if it involves a drunk or intoxicated driver. Insurance companies and their adjusters will do whatever they can to downplay their driver’s wrongdoing and in some cases will even shift blame to you to avoid paying on your claim or to reduce what they owe. Allow your attorney to help guide you through this process to avoid being tricked into an unfair settlement or even losing your claim.
Filing a Drunk Driving Car Accident Lawsuit in North Carolina
One of the most powerful options in a drunk driving accident case is to file a personal injury lawsuit. A personal injury lawsuit seeks compensation from the drunk driver, their insurance company, and any other responsible parties. The case is started by filing a complaint in state court which outlines the allegations and seeks monetary damages.
Cases may be resolved in several ways. First, negotiations may occur at any time. The parties may choose an appropriate damages award and settle the case through a mutual agreement. This is more likely when an insurance company or corporate defendant are involved in the lawsuit.
Cases may also settle through alternative dispute resolution, such as mediation. This is a guided negotiation process where a third party helps the parties reach a settlement.
Some drunk driving cases must go to trial. This is where a judge or jury listens to all of the evidence and decides an appropriate amount of compensation in your case. A skilled North Carolina drunk driving accident attorney can help you through all of these situations.
Compensation for Victims After a Drunk Driving Accident
The personal injury lawsuit seeks compensation for the drunk driving accident victims and their loved ones. Compensation may include, but is not limited to:
- Past and future medical costs
- Cost of rehabilitation services
- Costs of adapting to a new disability
- Lost time at work or lost future earning capacity
- Property damages
- Pain and suffering
- Loss of companionship and support
- Wrongful death damages
- Punitive damages (in limited cases)
Seek Compensation After a Drunk Driving Accident in North Carolina
The skilled team at Ellis Law can help you seek the compensation you deserve after a North Carolina drunk driving accident. We know how this affects your whole life and how to help you fix it. We take a compassionate approach to your situation and aggressively pursue your rights.Contact us today for a free consultation of your case.
(No Ratings Yet)
Loading...