Drunk Driving Accidents

COMPENSATION

Do I have to wait until after the drunk driver’s criminal proceeding is finished to seek compensation?

No! Criminal cases in North Carolina can actually take years before they are brought to trial, and you will probably have medical bills due in the meantime, missed time at work, counseling you need and other bills to pay. It’s also important to know that the outcome of your civil personal injury case is not dependent on the ultimate outcome of drunk driver’s criminal case.

INJURIES

What are some common drunk driving injuries?

The reason drunk driving accidents are so deadly and dangerous is because alcohol significantly lowers a person’s reaction times. This can lead to almost any type of car accident you can imagine, from rear-end collisions to t-bone/sideswipe crashes and head-on collisions. Injuries range from whiplash, muscle sprains and broken bones to spinal cord injuries and traumatic brain injuries (“TBIs”).

MORTOR CYCLE ACCIDENT

What if I was hit on a motorcycle by a drunk driver?

Drunk driving accidents involving motorcycles often have the most deadly or catastrophic consequences. All information above still stands if you were hit on a motorcycle, but the importance of getting a personal injury attorney experienced in handling drunk driving accidents can be even higher. Insurance companies know that if the personal injury case goes to trial, juries are more likely to be less sympathetic to motorcycle victims and so may try to get to you settle for a much lower amount than if you had been in an automobile. The majority of the population doesn’t ride, so it can be harder for jurors to identify with motorcyclists.

CLAIMS

Could I have a claim against anyone else besides the drunk driver?

It’s possible. North Carolina has what is called a “dram shop law” that bans bartenders, serving staff, and party hosts from serving a visibly intoxicated person if they know that person is going to drive. This is a form of negligence. If the party providing the alcohol in these circumstances is found liable, they in addition to the driver may be responsible for your damages in the drunk driving case.

PAY OUT

Will damages just cover the costs I’ve had to pay out of pocket?

Unlike other types of personal injury cases in North Carolina, in cases where the harm is caused by the defendant driving drunk, there is no cap on so-called punitive damages that you can receive. Damages that reimburse you for your medical bills, lost wages and pain and suffering are referred to as compensatory damages, or damages that pay you back. By contrast, punitive damages exist to punish the other person for committing such an egregious act, and/or send a message to that defendant and society at large. Punitive damages are usually capped at $250,000 in personal injury cases, but the North Carolina legislature recognizes the seriousness of impaired driving and makes an exception to both compensate those harmed by it and deter others from driving drunk or high.

Being injured by a drunk driver is a doubly traumatizing experience: on top of the physical and psychological injuries you would suffer in a sober accident, the situation is compounded by knowing that the entire situation could have been avoided. It’s critical to protect yourself and hire an experienced personal injury attorney to show the other party and insurance companies involved that you mean business. The personal injury attorneys at PRJ Law stand at the ready to leap to action and build the strongest case possible to aggressively defend your rights.