When you get hurt in a crash with a drunk driving accident lawyer, you’ll be shocked, hurt, angry, and worried. You know you’ll need medical care, and you might be off work because of your injuries. How are you going to pay those medical bills and all your other household expenses if you can’t go to your job while you heal? When you didn’t cause the accident, you shouldn’t have to bear the financial burden that goes with it.
If you’re in this situation, you need an experienced Mooresville drunk driving accident lawyer from Schwaba Law Firm. We have years of experience in seeking compensation for our clients who were injured in preventable accidents. Our attorneys know how to build successful claims for our clients, who want nothing more than to go back to the lives they lived before a car crash took it all away.
Contact our law firm today for your free, fully confidential consultation.
Why Drunk Driving Accident Cases Are Different from Other Car Accidents
Drunk driving accidents are different from other car crashes because they involve reckless misconduct, rather than just negligence on the part of the intoxicated driver. When the drunk driver was speeding at the time of the collision, greater force at the time of impact can result in more catastrophic injuries, and fatalities are more likely.
Even though a drunk driver may be cited for traffic violations or charged with a crime after they caused a crash, those criminal charges do not result in compensation for the victims of the accident. Those injured people must file an insurance claim or lawsuit to seek compensation for the harm they suffered in the crash.
What North Carolina Law Says About Drunk Driving Accidents
In North Carolina, the legal limit for alcohol consumption is a blood alcohol concentration (BAC) of 0.08 percent. Under this law, a person is legally impaired if they drive while under the influence of an impairing substance, have a BAC of 0.08 percent, or have any Schedule I controlled substance or its metabolites in the urine or blood. Anyone who drives in North Carolina has provided their “implied consent” to chemical analysis of their breath, urine, or blood.
Proving Liability in a Mooresville Drunk Driving Accident Claim
You can pursue compensation for your injuries and other accident-related losses when a drunk driver causes a crash that injures you. To prevail in a claim or lawsuit against the at-fault driver, you must establish that they caused the accident. You’ll need strong evidence that shows how the crash occurred and clearly demonstrates that the fault lies with the drunk driver. The best evidence can be gathered soon after the accident occurs, because evidence can be lost, overwritten, or destroyed.
Evidence that can help prove fault includes the following:
- Police reports
- Toxicology results
- Traffic camera footage
- Dashcam footage
- Witness statements
- Accident reconstructionist reports
It’s important to know that North Carolina has a pure contributory negligence rule that will affect your claim. Under this law, you cannot obtain any compensation at all if you share any fault for causing the accident, even if you’re as little as 1 percent responsible.
Insurance companies take every chance they can to shift blame in order to avoid paying claims. For this reason, you need an experienced drunk driver accident attorney who knows how to push back against these false assignments of fault.
Can a Bar or Restaurant Be Held Liable for a DUI Crash?
Yes. North Carolina law prohibits the sale of alcohol to an underage person or to a person who is intoxicated. If the person who was overserved or the minor who was served subsequently causes an accident because of their drunk driving, the establishment that served them could be held liable for accident-related injuries.
If the injured person can pursue compensation from both the at-fault driver and the establishment that served them, the potential for getting compensation for all of their injuries and costs from the accident increases. The at-fault party’s insurance will cover amounts up to the policy limits, but no more. The establishment will likely have liability insurance with significantly higher limits.
When you meet with a DUI injury attorney, they can advise you about your potential financial recovery.
Compensation Available After a Drunk Driving Accident
The compensation you pursue for your injuries and costs from the accident should include money for the following:
- Medical expenses
- Future medical expenses
- Lost income
- Future lost earning capacity
- Pain and suffering
- PTSD
- Loss of enjoyment of life
- Property repair or replacement
If your case goes to court, you could also be awarded punitive damages if the jury determines that the drunk driver’s actions were malicious, willful, or wanton. Punitive damages awards are rare, so ask your DWI/DUI accident lawyer about the possibility that your case may qualify.
What to Do After a Drunk Driving Crash in Mooresville
When you get hurt in a drunk driving accident, you should take the following steps to protect your health and preserve your ability to file a claim or lawsuit against the at-fault driver:
- Call emergency services.
- Get immediate medical care.
- Make sure the police are called to the scene.
- Follow your doctor’s orders and attend all follow-up appointments.
- Keep copies of all your medical bills, medical records, receipts, and correspondence from insurance companies.
- Don’t give recorded statements to any insurance representative.
- Stay off social media.
- Contact a Mooresville lawyer who handles drunk driving personal injury cases.
Speak With a Mooresville Drunk Driving Accident Lawyer at Schwaba
Instead of Googling “drunk driving accident lawyer near me” after a Mooresville drunk driving accident, call Schwaba Law Firm.
When you call our office, you’ll receive a free initial consultation during which we’ll learn about your case. Then we’ll investigate your case, gather evidence, and build a compelling case that shows how the at-fault party caused the accident and your injuries. Although we’ll negotiate with the insurance companies for the compensation you deserve, we are always ready for trial if the insurer doesn’t agree to a full and fair settlement.
Being trial-ready has stood us in good stead. We have millions of dollars for our clients with serious injuries, and they have left us numerous testimonials like this one:
“Andy is always helpful, available, and thoughtful in sharing his legal expertise. I fully trust his legal judgment and would highly recommend him and his firm.” ‒ Molly Walsh
When you work with Schwaba Law Firm, you pay nothing up front. We’ll take our fee out of the compensation you receive at the end of your case. If you don’t get paid, neither do we.
Don’t leave money on the table by handling your drunk driving personal injury claim yourself. Call Schwaba Law Firm today for your free, no-obligation, fully confidential consultation.
