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In North Carolina and every other state, driving under the influence is illegal. If you have been hit by a drunk driver, you could be saddled with medical bills, lost wages, property damage, and more. Not only is drunk driving illegal in criminal court but drunk drivers can also be held liable in a civil lawsuit. If you have been injured by a drunk driver, you deserve to seek compensation for any damages you have suffered.
Our team at Rowland & Yauger, Attorneys & Counselors at Law, has extensive experience in personal injury law. We have helped countless clients recover compensation for their injuries and other damages. Car accidents caused by drunk driving can cause serious injuries and even death. You and your family deserve to seek payment for what you have gone through. If you have been injured in a car accident because of someone else’s negligence, contact our law firm today by calling 910-621-2991 (Carthage) or 336-537-5547 (Asheboro).
What Kind of Damages Can You Seek After a Drunk Driving Accident?
No amount of financial compensation can make up for the traumatic accident you have been in. However, money can help you pay for the various expenses you may have accrued from your accident. In general, any payments you made out of pocket as a direct result of an accident caused by negligence can be claimed as damages.
Many drunk driving accident victims seek the following damages:
- Medical bills, both present and future
- Lost wages
- Lost earning potential
- Pain and suffering
- Property damage
- Mental anguish
- Wrongful death
If your loved one passed away from their injuries due to a drunk driving accident, you may be able to pursue a wrongful death claim. These types of personal injury lawsuits present complex legal challenges, but they can provide financial compensation to the surviving family of the deceased. While no amount of money will bring your loved one back, compensation can be used to pay for burial costs, funeral expenses, and more.
In some instances, drunk drivers may also be required to pay punitive damages. Punitive damages are meant to dissuade drunk drivers from repeating their actions. These types of damages are awarded when someone’s actions are extremely hazardous or negligent. Driving under the influence often falls under this definition.
Who is Liable in a Drunk Driving Accident?
Unlike other car accidents, liability in a drunk driving accident isn’t always straightforward. While most drunk drivers are held liable for their actions, there may be other parties you can hold accountable for your damages.
You can potentially file personal injury claims against the following parties:
The Establishment That Served the Alcohol
Restaurants, bars, and other establishments that serve alcohol can potentially be held liable for drinking and driving. North Carolina has a “dram shop” law that allows individuals to hold alcohol vendors accountable for accidents caused by their patrons. If the vendor sold alcohol to a person who was already intoxicated or if the vendor sold alcohol to a minor under 21, you may be able to file a claim.
If the driver who hit you was served while intoxicated, you may be able to file a “negligence per se” claim. A negligence per se claim states that the establishment was negligent if all the following conditions are true:
- A duty of care exists
- The duty of care was enacted to protect a class of persons that includes you
- There was a breach of the duty of care
- The injuries sustained were of the nature as written in the statute
- The violation of the statute directly caused the injuries
A Social Host
If the driver who hit you became intoxicated at a social gathering, you may be able to file a suit against the host. Hosts are accountable for accidents caused by drunk drivers of any age.
You must be able to prove three things when filing a lawsuit against a social host:
- The host served or provided the alcohol (meaning the drunk driver did not bring their own drinks to the gathering)
- The host knew that the driver was intoxicated
- The host knew that the guest would be driving
What Should You Do if a Drunk Driver Hits You?
Getting into an accident with a drunk driver can be a very frightening experience. Many victims go into a state of shock fueled by adrenaline. Understanding the proper steps to take after an accident can help our personal injury lawyers seek compensation on your behalf.
If you have been in a drunk driving accident, take the following steps:
Seek Medical Attention
Car accidents can be dangerous and even fatal. Even if you do not feel injured right away, seek medical attention.
Call Emergency Services
Police officers will respond to the scene and file a report. Make a statement to officers, but avoid admitting fault.
Collect Evidence at the Scene
Take photos and videos of the accident and any injuries you sustained. Get contact information from any witnesses so you can use their testimony later.
Contact Our Personal Injury Lawyers
The sooner you reach out to our team, the sooner we can begin working on your case. Schedule your appointment as soon as possible.
What Does a Drunk Driving Accident Attorney Do?
A drunk driving accident attorney on our team will fight for your right to compensation. We are dedicated to getting you your full and total compensation via an insurance company or through a civil lawsuit.
Please don’t feel like you must go through this challenging time alone. Contact Rowland & Yauger, Attorneys & Counselors at Law by calling 910-621-2991 (Carthage) or 336-537-5547 (Asheboro) today.