Being hit by a drunk driver is a traumatic experience that can lead to severe injuries, emotional distress, and significant financial burdens. In North Carolina, where laws against drunk driving are strict, victims of such accidents have legal rights to seek compensation and hold the responsible party accountable. Navigating the aftermath of a drunk driving accident, however, can be overwhelming, especially when dealing with medical bills, insurance claims, and potential lawsuits.
In this blog, we’ll explore the critical steps to take after a drunk driver hit you in North Carolina, your rights as a victim, the types of compensation available, and how working with an experienced car accident attorney in Matthews can help you navigate the legal process and secure the compensation you deserve.
Understanding Your Rights and Compensation
If you’ve been hit by a drunk driver in North Carolina, it’s crucial to understand your rights as a victim and establish the liability of the at-fault driver. Knowing your legal standing can empower you to take the necessary steps toward recovery.
Overview of Victim Rights in Drunk Driving Accidents
As a victim of a drunk driving accident, you have specific rights. You have the right to seek compensation for your injuries and damages. This includes the right to file a claim against the drunk driver’s insurance company. Additionally, you can pursue claims against any establishments that may have served alcohol to the intoxicated driver, depending on the circumstances.
Types of Compensation Available
Victims of drunk driving accidents may be entitled to various types of compensation in a personal injury case. Here are the primary categories:
- Medical Expenses: This includes all costs related to your medical care, such as hospital bills, rehabilitation, and ongoing treatment. If you are injured, these expenses can add up quickly.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income. This includes not only your current lost wages but also future earnings if your ability to work is affected long-term.
- Pain and Suffering: This type of compensation addresses the emotional and physical distress you experience due to the accident. It can be challenging to quantify, but it is an essential part of your claim.
Liability and Contributory Negligence
In North Carolina, understanding liability in drunk driving cases is crucial. The state follows a strict contributory negligence rule. This means that if you, as the victim, are found to be even 1% at fault for the accident, you may be barred from recovering any damages. Identifying the other driver and exchanging information is essential, especially in cases involving impaired driving, as it can affect legal outcomes and ensure accountability. This harsh rule can significantly impact your case, making it essential to demonstrate that the drunk driver was entirely at fault.
How Drunk Driving Impacts Liability
When a drunk driver hits and causes an accident, their impairment is a critical factor in establishing liability. The law presumes that an intoxicated driver is negligent. If you are hit by a drunk driver, you must gather evidence to support your claim. This evidence can include police reports, witness statements, and accident scene photographs.
Potential Exemptions
There are certain exceptions to contributory negligence that may apply in your case. For example, if the drunk driver was engaged in reckless behavior, such as speeding or aggressive driving, this can strengthen your claim. Additionally, if you were a passenger in the vehicle of the intoxicated driver, you may have a different legal standing, as your fault is not considered in the same way.
Legal Claim Against the Driver and Others
If you have been hit by a drunk driver in North Carolina, contacting a car accident lawyer immediately is crucial. A car accident lawyer can assist you in understanding how to file a legal claim, navigating the complexities of insurance claims and personal injury lawsuits. This process can help you recover compensation for your injuries and losses. Here’s a breakdown of what you need to know about filing a claim against the drunk driver and potential claims against other parties.
Filing a Claim Against the Drunk Driver
The first step in seeking compensation is to file a claim against the drunk driver. This claim will typically be made through their insurance company. Here are the key points to consider:
- Gather Evidence: Collect all relevant information from the accident scene. This includes police reports, witness statements, and photographs of the vehicles involved. It’s crucial to highlight the involvement of impaired drivers, as this can significantly impact the liability and severity of the case.
- Document Your Injuries: Keep thorough records of your medical treatment and expenses. This documentation is vital for proving your injuries and the costs associated with them.
- Notify Your Insurance Company: Inform your own insurance provider about the accident. They can guide you through the claims process and help you understand your coverage options.
Potential Claims Against Establishments Under Dram Shop Laws
North Carolina has dram shop laws that hold certain establishments accountable for serving alcohol to visibly intoxicated individuals. If the drunk driver was over-served at a bar or restaurant, you might have grounds to file a claim against that establishment as well. Personal injury cases arising from such incidents can be complex, often requiring the expertise of a personal injury lawyer to navigate the legal proceedings. Here’s how it works:
- Establishing Liability: To successfully hold an establishment liable, you need to prove that they served alcohol to the driver when they were visibly intoxicated. This can be challenging, so gathering evidence such as receipts or witness accounts is important.
- Additional Compensation: If you can prove that the establishment contributed to the driver’s impairment, you may recover additional compensation for your injuries and damages.
Process of Filing a Claim
After being hit by a drunk driver, it’s crucial to understand the steps involved in filing a claim. Taking prompt action can significantly impact your case and your ability to recover compensation.
Steps to Take After a Drunk Driving Accident
- Ensure Safety: First, check for injuries. If anyone is hurt, call 911 for medical assistance. Your safety and the safety of others is the top priority.
- Report the Accident: Notify law enforcement about the incident. A police report will be essential for your claim. This report documents the details of the accident and can serve as evidence in your case.
- Gather Evidence: Collect as much evidence as possible at the scene. Take photos of the vehicles, any injuries, and the surroundings. Obtain contact information from witnesses. This information can support your claim.
- Seek Medical Attention: Even if you feel fine, it’s wise to see a doctor. Some injuries may not be immediately apparent. Medical records will also be crucial for your claim.
- Notify Your Insurance Company: Contact your own insurance provider to report the accident. Provide them with necessary details but avoid admitting fault. Your insurance can help cover initial costs while your claim is processed.
Importance of Gathering Evidence and Notifying Insurance Companies
Gathering evidence is vital. It helps establish the facts of the case and supports your claim for damages. This may include photographs, witness statements, and medical records.
Notifying your insurance company promptly is equally important. They can guide you through the claims process and help you understand your coverage. Be prepared to provide them with the details of the accident, including the drunk driver’s insurance information if available.
Contact an Experienced Car Accident Attorney in Matthews ASAP!
If you or someone you love has been injured in a drunk driving accident in North Carolina, you don’t have to navigate the complex legal process on your own. At Panchenko Law Firm, our dedicated team of experienced attorneys understands the challenges you’re facing, from mounting medical bills and lost wages to the emotional toll of the accident.
Contact us at (704) 900-7675 for a free case consultation today!
