An accident caused by an intoxicated driver can change your life in an instant. Even if you’re doing everything right and following the rules of the road, another driver’s poor decision to get behind the wheel of their vehicle while drunk can leave you with severe injuries that may result in permanent impairment.
Drunk driving is also a major contributing factor in fatal accidents. According to data from the National Highway Traffic Safety Administration (NHTSA), 12,429 fatalities resulted from drunk driving accidents in a recent year. That’s one death every 42 minutes.
If you were injured in an accident caused by a drunk driver, contact Ted A. Greve & Associates for a free consultation with a knowledgeable and experienced DUI accident lawyer in Gastonia, NC.
The Role of a DUI Accident Lawyer in Gastonia
A DUI accident lawyer in Gastonia plays several key roles in your case. They can handle your case from start to finish, so you only have to focus on your medical treatment.
An accident lawyer’s first role is that of an investigator. They’ll investigate the accident to identify the liable party or parties and gather the evidence necessary to hold them financially liable.
Next, they’ll calculate your losses and negotiate with the at-fault party’s insurance company for a fair settlement. And if the insurance company refuses to make a fair settlement or denies your claim, your lawyer will take your case to trial and seek the compensation you deserve.
Steps to Take After a DUI Accident
After a DUI accident in Gastonia, understanding the proper steps to take can significantly strengthen your case for compensation. Beyond reporting the accident to the police and seeking immediate medical treatment, you should do the following:
- Continue Medical Treatment: Follow up with all medical treatment until you fully recover or are not expected to recover further. At this point, known as maximum medical improvement, it’s unlikely that you’ll experience medical complications, making it easier for your lawyer to estimate your future medical costs.
- Track Medical Bills: Keep all medical and other bills you receive related to the accident. Your lawyer can use these bills to calculate your losses.
- Avoid Speaking to Insurers: The drunk driver’s insurance company may contact you after the accident for a statement. Do not speak to the insurance adjuster without your lawyer present. The insurance adjuster’s job is to trick you into admitting partial fault for the accident so they can deny your claim.
- Keep a Pain Journal: One simple way to strengthen your case is to keep a daily pain journal in which you write down your pain levels and how your injuries impact your ability to perform routine tasks.
- Consult a Car Accident Lawyer: The best way to protect your rights and maximize your compensation is to hire an experienced car accident lawyer to handle your case while you focus on recovering from your injuries.
Compensation and Settlements in DUI Accident Cases
Through an auto insurance settlement after a DUI accident, you can recover compensation for various losses related to your injuries. You can seek money for:
- Past and future medical expenses, including surgeries, prescription medications, physical therapy, and more
- Lost wages and loss of future earning capacity caused by your inability to work
- Permanent disability accommodations and the impact of your disability on your life
- Physical pain and emotional suffering caused by your injuries
- Loss of enjoyment of life caused by your injuries and their lasting impact
Frequently Asked Questions (FAQs)
Below are answers to some of the most frequently asked questions about DUI accidents in Gastonia, North Carolina.
What happens if the drunk driver flees the scene?
If the drunk driver who caused the accident flees the scene, it can be impossible to file an auto insurance claim against their liability coverage policy. However, you don’t have to wait for the police or your lawyer to identify the driver to seek the compensation you need.
All drivers in North Carolina must have uninsured motorist coverage, which you can use when you’re the victim of a hit-and-run. This coverage applies when an uninsured or unknown driver causes your injuries. All you have to do is notify your insurer about the accident, and your lawyer can help you file an uninsured motorist claim.
Does North Carolina have dram shop laws?
A dram shop law is a law that holds parties liable for furnishing alcohol to some individuals who go on to harm others as a result of their intoxication. North Carolina has two of these laws that could impact your case.
The first makes it illegal to sell alcohol to an intoxicated person. If your lawyer can show the establishment knew or should have known the person who caused your injuries was already intoxicated, you may be able to hold them liable.
The second explicitly states that parties that furnish alcohol to minors can be held liable for injuries those minors cause as a result of their intoxication.
What if the intoxicated driver claims I contributed to the accident?
If the intoxicated driver or their insurance company claims you contributed to the accident, it could put your case at risk. This is because North Carolina follows a contributory negligence rule that bars plaintiffs from recovering compensation from accidents they contributed to in any way.
While contributory negligence specifically applies to compensation awarded from lawsuits, insurance companies use it when determining whether to settle claims. So, if the insurance company claims you contributed to the accident, it may refuse to settle your claim.
A knowledgeable car accident attorney can help prove you were not at fault for the accident by gathering evidence showing fault solely rests on the intoxicated driver.
Contact Ted A. Greve & Associates Today
If you were in a car accident caused by an intoxicated driver in Gastonia, NC, contact Ted A. Greve & Associates today for a free consultation about your case. A member of our legal team will review the accident that harmed you, explain your options for seeking recovery, and go over the steps involved so you know what to expect from your case.
