Raleigh Drunk Driving Accident Lawyer

Many drunk driving accidents in North Carolina are hit-and-run accidents, meaning that the intoxicated driver collides with a car, pedestrian, or bicyclist, then leaves the scene instead of stopping. Hit-and-run accidents can feel especially overwhelming because you don’t know who the driver was – and unless the crash left behind plenty of evidence or eyewitnesses, there is a chance you will never know. However, even if you are never able to locate the drunk driver who caused the crash, you may still be able to obtain the compensation you need to pay medical bills and certain other expenses related to the accident. Uninsured/underinsured motorist (UM/UIM) coverage exists to help you meet expenses when another driver does not have adequate insurance or – as in a hit and run – that driver cannot be located. To learn more about your options in a hit-and-run drunk driving crash, contact Younce, Vtipil, Baznik & Banks, P.A. Your lawyer can help you determine which insurance coverages will apply to help you meet expenses, negotiate with insurance companies, and continue to investigate the crash so that you maximize your chances of finding the person who injured you and holding him or her accountable for the harm caused.

Yes! Even if the driver who hit you is facing criminal charges, you can still seek compensation for your injuries by filing an insurance claim or by bringing a civil lawsuit in court. You can pursue your claim for compensation even if the criminal case is still pending in court. You may be entitled to compensation from the driver even if he or she is acquitted of the charges. Criminal cases for drunk driving are separate from civil lawsuits and differ from them in two important ways. First, the criminal charges are filed by the state prosecutor’s office. However, you and your lawyer file the civil lawsuit directly, giving you more control over when, where, and how it is filed. Second, in a criminal case, a person who is found guilty may face penalties like fines, jail time, probation, community service, and other requirements. In a civil case, however, a person who is found liable will be expected to pay only money damages to compensate you for your losses. It’s also important to remember that the burden of proof is lower in a civil case than a criminal case. Because criminal and civil cases can interact in complex ways, it’s important to talk to a lawyer if there is a criminal case against the drunk driver who injured you. Your lawyer can help ensure your rights and interests are protected as both cases proceed.

North Carolina law generally gives drunk driving accident victims three years from the date of the crash to sue the impaired driver (N.C.G.S. § 1-52). If your family lost a loved one to a drunk driver, a wrongful death lawsuit typically must be filed within two years from the date of their passing (N.C.G.S. § 1-53). There are limited exceptions to these time limits, but a personal injury lawyer can help you determine whether they apply to your case.

While these may seem like generous deadlines, failure to file within this period usually results in the court dismissing the case. Keep in mind that your attorney needs time to thoroughly investigate the collision. Acting quickly can help preserve critical evidence and secure reliable witness statements before their memories fade.

Our experienced North Carolina drunk driving accident lawyers based in Raleigh can prepare your claim and protect your right to financial recovery while you focus on healing.

Working with a lawyer after a drunk driving car accident can make a significant difference in the handling of your claim and the quality of evidence you have to support your case. Even when the drunk driver’s fault seems obvious, the insurance company may still dispute the extent of your injuries or argue that your treatment wasn’t necessary. Worse, they may try to shift part of the blame onto you – and in North Carolina, this could jeopardize your right to compensation. Don’t make any statement to an insurance adjuster until you talk to your lawyer.

Seeking legal support can help mitigate all these challenges from the outset. Your lawyer can gather critical evidence and identify all possible sources of compensation, such as the drunk driver’s insurance policy, your own auto coverage, or a claim against another liable party. Just as important, they can calculate your losses beyond your immediate medical bills, including future treatment, lost income, pain and suffering, and other losses tied to the crash.

If you’re dealing with serious injuries, the other party is disputing liability, or you’ve experienced significant losses, these are all strong reasons to speak with our skilled drunk driving accident lawyers as soon as possible.

Drunk driving accident victims may be able to seek compensation for both their financial losses and pain and suffering. The exact types and amounts of compensation will depend on the facts of the accident, available coverage, the severity of their injuries, and how the collision impacts their daily life and future care needs.

In many cases, a drunk driving accident injury claim may include payment for losses such as:

• Medical bills, hospital stays, rehabilitation, and ongoing treatment
• Lost wages and reduced earning capacity
• Pain and suffering, including emotional distress and mental anguish
• Long-term disability, disfigurement, or other lasting effects of the injuries
• Property damage, including vehicle repair or replacement

While clear and convincing proof of the drunk driver’s impairment is crucial to a strong injury claim, you also need other types of evidence to support your case against them. You must show how the crash happened and how it affects your health, work, and daily life.

Useful evidence in drunk driving car accident cases often includes:

• The police report, including any observations about the driver’s impairment, field sobriety testing, or arrest
• Breath, blood, or other chemical test results that may show the at-fault driver’s intoxication
• Pictures of the crash scene, including vehicle damage, skid marks, and visible injuries
• Witness statements from people who saw the driver’s behavior before or after the collision
• Medical records linking your injuries to the crash and showing the extent of your treatment
• Video footage, including from surveillance, body, or dashboard cameras

If the drunk driver is convicted of DUI, that can certainly help support your civil injury claim. In many drunk driving cases, a conviction can strengthen the argument that the driver acted negligently by operating a vehicle while impaired. It can also serve as valuable evidence when negotiating with the insurance company or presenting your case in court.

However, it doesn’t automatically guarantee you’ll receive compensation. A civil claim and a criminal DUI case are separate matters. Just because the other driver could face criminal charges doesn’t mean you don’t have to prove they caused your injuries and losses in your civil case. Insurance companies may dispute the extent of your injuries, their connection to the crash, or the value of your claim. Substantial, comprehensive evidence is still required to support your personal injury case.

It may still be possible to recover compensation even if the drunk driver is uninsured. One possible source is your own uninsured/underinsured (UM/UIM) motorist coverage, which North Carolina requires auto insurance companies to sell in the same amount as your liability coverage.

In some cases, you may have a valid personal injury claim against another liable party, such as:

• A business or establishment, if it knowingly overserved the drunk driver
• An employer, if the intoxicated driver was working for them at the time of the collision
• Another driver whose negligence contributed to the car wreck

Our Raleigh drunk driving accident attorneys can review all available coverage early on to identify each potential avenue for compensation and hold all responsible parties accountable.

Under North Carolina law, only the personal representative of the victim’s estate may bring a wrongful death claim after a fatal drunk driving accident (N.C.G.S. § 28A-18-2). However, any compensation recovered through that claim may then be distributed to surviving family members according to North Carolina’s intestate succession laws.

A wrongful death claim can seek compensation such as:

• Medical expenses tied to the final injury
• The victim’s pain and suffering before their passing
• Funeral costs
• Loss of the victim’s income for dependents
• Loss of the victim’s services, protection, care, and assistance
• Loss of the victim’s companionship, comfort, and guidance

Because these cases often involve both criminal proceedings and complex insurance issues, it’s crucial to act quickly. An experienced attorney can help preserve evidence and protect the estate’s right to pursue justice after a tragic loss.