Lincolnton Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney in Lincolnton, NC

While everyone has heard of the risks associated with driving under the influence, many people still put their own lives and those of others at risk. A drunk driver can leave you with severe physical injuries, lasting emotional damage, and financial hardship. To recover from these damages, a skilled  Lincolnton drunk driving accident lawyer can help you file a claim.

Roberts Law Firm, P.A.: Skilled Car Accident Lawyers

Roberts Law Firm, P.A., has over 40 years of experience advocating for accident victims. We understand how life-changing a drunk driving crash can be, which is why we work tirelessly to achieve the appropriate recovery for your damages. Our knowledgeable attorneys know North Carolina’s drunk driving accident laws and can help you build a claim that successfully establishes a drunk driver’s liability.

The Dangers of Drinking and Driving

Drunk driving accidents can result in severe damage and even death. In 2024, 20.8% of all traffic accident fatalities involved alcohol, with 12,429 fatalities nationally in 2023. Survivors can be left with catastrophic injuries, such as:

• Traumatic brain injuries
• Soft tissue injuries, including whiplash
• Back and spinal cord injuries
• Burns
• Psychological disorders, such as PTSD, anxiety, and depression

Whether a driver is coming from the City Cellar, Untapped Territory, or simply drinking in their car, they are putting other drivers at risk. In a drunk driving crash, only 59% of fatalities are the alcohol-impaired driver, leaving other individuals, such as passengers of other vehicles or pedestrians, harmed or killed.

Determining Liability in a Drunk Driving Accident Case

In a car accident claim, the driver whose actions led to the crash can be held liable for the victim’s damages. This means that in order to file a claim, you must be able to prove that the other driver acted negligently. Drinking and driving is an extremely negligent action, which a Lincolnton drunk driving accident attorney can prove using evidence such as:

• Police reports, including results of blood alcohol concentration testing
• Witness statements of the driver drinking, having signs of intoxication, or directly causing the crash
• Photographs of the accident scene and vehicle damage that can be used to reconstruct what has occurred
• Surveillance camera footage of the crash or of the driver drinking

The drunk driver must be solely responsible for causing the crash. North Carolina follows a contributory negligence system that prohibits victims from filing a claim if they have any level of fault in an accident. If your actions, such as speeding, distracted driving, or poor vehicle maneuvers, directly led to the crash, you may not be able to hold the other driver liable, even if their intoxication also contributed to the crash.

Why You Should Hire a Drunk Driving Accident Lawyer

Filing a drunk driving claim can feel daunting, especially while also recovering from the accident. A lawyer can ease your concerns and can work to achieve a smooth filing process. They can identify the legal requirements for your claim and file your paperwork accurately and on time. A lawyer can also advocate for you in court, communicating with the drunk driver and insurance companies so you can focus on your recovery.

Compensation in a Drunk Driving Accident Case

While filing a claim can hold a drunk driver accountable for their dangerous actions, it can also support your recovery. The three main types of damages you can recover are:

• Economic. Economic damages include financial losses such as medical bills, lost wages, and property damage.
• Non-economic. Non-economic damages are the non-financial losses, such as pain and suffering, lowered quality of life, or psychological distress.
• Punitive. Punitive damages are awarded to punish a drunk driver for their extremely negligent actions, rather than the damages you have suffered.

If you hire a drunk driving accident lawyer, they can analyze your damages and calculate a fair recovery. Then, they can negotiate with insurance companies to reach that amount. This is essential, as insurance companies often try to minimize or dismiss your damages to avoid a payout.

FAQs

What Should You Do After Being Hit by a Drunk Driver?

After being hit by a drunk driver, move to a safe location away from traffic, check for injuries, seek necessary medical care, and contact the police. If you are able, gather evidence from the accident scene, such as photographs and contact information for any witnesses. Then, reach out to a Lincolnton drunk driving accident attorney to help you investigate the crash and take legal action against the drunk driver.

Is North Carolina a No-Fault State for Car Accidents?

No, North Carolina is not a no-fault state for car accidents. Instead, there is an at-fault claims system where crash victims can file a claim against the at-fault driver, rather than through their own insurance. At-fault claims can be complex, as they require proving the other driver’s fault, which is why it is a good idea to work with a lawyer.

What Should You Do if You Notice a Drunk Driver?

If you notice that another driver is drunk, prioritize protecting your own safety. Avoid confrontation with the drunk driver, keep a safe distance behind their vehicle, and pull over if necessary. Then, identify key details, such as the vehicle’s license plate number, make, model, and color. Report the driver to 911 to prevent the driver from continuing to endanger themselves and others.

Do Most Drunk Driving Accident Claims Go to Court?

No, most drunk driving accident claims are resolved through a settlement negotiation rather than in court. Whether your case goes to court or not depends on your individual case details and whether you are able to achieve a fair recovery through negotiations. If you hire a drunk driving accident lawyer, they can represent you no matter where your case is in the legal process.

Contact Roberts Law Firm, P.A., for Experienced Legal Representation

From immediately after a crash happens throughout your recovery, Roberts Law Firm, P.A., can provide personalized guidance and relentless legal advocacy. Contact us to schedule a case consultation where you can learn how a Lincolnton drunk driving accident lawyer can make a difference in your drunk driving accident case.

Lincolnton, NC Drunk Driving Accident Resources

• North Carolina Personal Injury Statute of Limitations
• North Carolina Car Accident Laws – All You Need to Know
• Average Car Accident Settlement in North Carolina
• North Carolina Car Accident Statute of Limitations
• Drunk Driving Accidents in NC: Your Rights as a Victim