Gastonia Drunk Driving Accident Lawyer

Dedicated Drunk Driving Accident Attorney in Gastonia, NC

A Skilled Gastonia drunk driving accident lawyer can assist an injured person in pursuing compensation after an impaired driver causes a collision in Gastonia or another part of Gaston County. Drunk driving accidents can happen on Interstate 85, U. S. 321, Franklin Boulevard, and other roads throughout Gastonia and Gaston County, including roads near downtown Gastonia.

Drivers can be criminally prosecuted for drunk driving, but an injured person typically makes a separate civil drunk driving accident claim against the driver and relevant insurance companies to pursue financial recovery.

About Roberts Law Firm, P.A.

Roberts Law Firm, P.A.  has served clients throughout the Carolinas for more than 40 years. We manage personal injury and workers’ compensation cases, covering incidents like severe car crashes, truck accidents, and motorcycle collisions.

Our firm provides a free initial consultation for injury claims, and we work on a contingency basis, meaning you pay no legal fees unless we achieve a recovery for you. That means you do not owe legal fees unless our attorneys recover compensation on your behalf.

Drunk Driving Accident Laws in North Carolina

According to the NC Division of Motor Vehicles, 405 people lost their lives in crashes involving alcohol in North Carolina in 2023. Alcohol-related crashes accounted for 22.4% of the 1,565 fatal car crashes that occurred that year.

Driving in North Carolina is illegal if you’re under the influence of an impairing substance, as defined by General Statute § 20-138.1, or if your blood alcohol concentration is 0.08% or higher. Furthermore, the law is also applicable if a driver has detectable levels of a Schedule I controlled substance or its byproducts in their system.

Even though an impaired driver might face criminal charges, a separate civil claim is typically how an injured party seeks damages. A criminal prosecution is intended to determine whether a driver broke the law and what punishment may be appropriate. In contrast, a civil claim allows the injured person to seek compensation for the accident-related losses that they have incurred.

Evidence gathered during a DWI investigation can still be relevant in a civil claim. Chemical tests, the police report, witness statements, and other information noted by responding officers can help establish what happened immediately before and during the collision.

Underage Drinking and Driving Laws in North Carolina

North Carolina enforces tighter restrictions on underage drinking drivers. Under North Carolina law, specifically N.C.G.S. § 20-138.3, it’s illegal for anyone under 21 to operate a vehicle on public roads or areas when any amount of alcohol is present in their system. While anyone operating a vehicle with a blood alcohol level at or above .08% is generally breaking the law, a person under age 21 does not have to reach .08% to break this law.

North Carolina law also prohibits underage purchasing, possessing, or consuming alcohol. The law generally makes it unlawful for a person under 21 to purchase alcoholic beverages. If an underage driver causes a drunk driving accident, this law can come into play.

Bar or Restaurant Liability

While intoxicated driving is primarily the drunk driver’s responsibility, another person or business might be liable if they contributed to the collision. Dram shop laws in North Carolina can apply when alcohol is served to someone under the age of 21.

The law allows an injured party to file a claim against a permittee who negligently sold alcohol to a minor if the underage driver’s negligent driving caused the injury. It may be possible to hold a business liable in other circumstances as well. Keep in mind that a claim does not automatically arise just because a bar or restaurant sold alcohol to the driver before an accident.

For example, evidence regarding the driver’s physical condition, when alcohol was served and by whom, and the events leading up to the crash could play a role. Another party responsible for the crash may also have insurance that could provide compensation when the drunk driver’s insurance policy limits have reached their ceiling.

Damages to Recover After a Drunk Driving Accident

The nature and extent of injuries in a drunk driving crash can vary. A person injured by an impaired driver could be entitled to recover compensation for damages that arise from the crash. Some examples of common damages include:

• Medical bills
• Surgeries and emergency room visits
• Pain and suffering
• Property damage
• Vehicle repairs

Someone who suffered a permanent injury may incur damages related to long-term treatment needs or loss of function that affects daily activities.

Punitive damages could also apply to a collision caused by impaired driving. Punitive damages are not designed to compensate the victim but are aimed at punishing and deterring wrongful behavior.

What To Do After Being Hit by a Drunk Driver

If you have been hit by a drunk driver, the most important thing to do is secure your safety and health. Seek medical attention first and then focus on gathering and protecting evidence that supports the claim. Useful information can include pictures of the vehicles and road conditions, contact information for witnesses, medical records, repair bills, and proof of missed work and wages.

It also helps to avoid making statements to insurance companies or accepting early settlement offers. Even if a DWI charge is filed, it might not be allowed as evidence in a personal injury claim. Additionally, insurance companies typically won’t cover the entire cost of an injured person’s medical bills without strong evidence.

Insurance companies typically investigate crashes before making payment offers. Documentation showing injuries, losses, and proof of who is responsible for causing the crash can help counter low settlement offers from insurance companies.

If your case cannot reach a fair settlement, it may proceed to court. Your case may be held at Gaston County Courthouse, 325 Dr. Martin Luther King Jr. Way, Gastonia, NC 28052.

Hire a Drunk Driving Accident Lawyer

If you were hit by a drunk driver and suffered damages, it is important to hire a drunk driving accident lawyer as soon as possible. An attorney can review police reports and any available video footage of the crash, deal directly with insurance companies, determine which insurance policies might apply, and identify potential sources of compensation.

Your Gastonia drunk driving accident attorney can also determine whether additional parties or insurance policies exist that may be responsible for contributing to the crash.

If your insurer denies coverage or tries to blame you for causing the crash, an attorney can work to gather evidence to support your claim. This might include medical records, witness testimony, photographs of the crash site, and analysis by professionals if necessary. Your attorney can help litigate the claim in court if no settlement can be agreed upon.

FAQs

What Happens if the Drunk Driver Flees the Scene of the Accident?

If the drunk driver flees the scene of the accident, they may face separate criminal charges, but leaving does not prevent an injured person from pursuing financial recovery. Police may determine the driver’s identity from witness accounts, video surveillance, vehicle descriptions, or other investigative evidence. An uninsured driver’s inability to pay may allow the injured person’s uninsured motorist policy to apply if his or her policy and the specific facts support such a claim.

Does the Drunk Driver’s Insurance Company Pay for the Accident?

A drunk driver’s insurance company may pay for the accident. Drunk driving does not automatically stop an injured person from filing a liability claim against the driver’s automobile insurance. Often, an insurance company chooses to investigate a claim by reviewing the fault, injuries, medical bills, and other losses before deciding how much it is going to pay.

Can I Still Recover Compensation if I Was Partially at Fault in a Drunk Driving Accident?

You cannot recover compensation if you were partially at fault in a drunk driving accident. North Carolina uses a contributory negligence rule that bars an injured person from making a recovery when that person was negligent in a way that contributed to the accident. Fault must be determined by reviewing all the facts, rather than simply accepting a liability insurance company’s claim that two parties were equally at fault.

Can Multiple People File Claims Against a Drunk Driver?

Multiple people may file a claim against a drunk driver. For example, if a drunk driver crashes into another car and then hits a pedestrian as it spins out and crashes into a building, causing property damage, the other driver, pedestrian, and building owner may all have rights to a legal claim. However, multiple claims against the same insurance policy can create challenges if that policy’s liability limits are not high enough to provide compensation to everyone.

What if the Drunk Driver Was Driving Someone Else’s Car?

If the drunk driver was driving someone else’s car, vehicle insurance can also come into play, particularly if the vehicle’s owner permitted the driver to use it. To determine all available coverage, a lawyer may need to review the driver’s policy, the vehicle owner’s policy, any insurance exclusions, and other facts related to the driver’s use of the vehicle immediately before the accident.

Gastonia, NC Related Drunk Driving Accident Resources:

How to File a Workers Compensation Claim in Gastonia, NC

North Carolina Personal Injury Statute of Limitations

Average Car Accident Settlement in North Carolina

North Carolina Car Accident Laws – All You Need to Know

Gastonia Drunk Driving Accident Lawyer

If you were injured in a drunk driving accident in Gastonia, Roberts Law Firm, P.A., can help you seek the compensation you need. Contact us today for more information.