When you are the victim of a drunk driving accident, you aren’t just facing a typical insurance claim; you are facing the consequences of someone else’s reckless and criminal decision. For decades, our drunk driving accident lawyers at Bradley Law Group have helped those injured by impaired drivers across North Carolina. Our experience has taught us that the steps you take following a drunk driving injury will often determine whether you receive a fair settlement.
If you have been injured by a drunk driver, you deserve more than just an apology — you deserve a legal powerhouse that knows how to demand justice. Contact Bradley Law Group for a free consultation to get started on your case.
What To Do After a Motor Vehicle Accident
If you are still at the accident site, here’s what you should do after an MVA in Greensboro or other places in North Carolina:
- Immediately check yourself and others for injuries.
- If possible, move to a safe location away from traffic.
- Turn on your hazard lights to alert other drivers and make sure everyone involved in the accident is out of harm’s way.
- Call 911 to report the crash.
- Seek medical attention immediately if you are experiencing pain or other symptoms from the crash.
- If you can safely do so, take pictures of the vehicles and people involved in the collision, this will be helpful in your case.
- Make sure that the law enforcement officer knows that you were in one of the vehicles and that you are injured. Be sure to explain any injuries.
If you have been injured by a drunk driver, you are entitled to make a claim for both compensatory and punitive damages in NC. Punitive damages are awarded to punish the drunk driver for their grossly negligent conduct. The state recognizes the concept that this can be an effective deterrent against drinking and driving.
What Constitutes Drunk Driving?
In North Carolina, a driver with a blood alcohol concentration (BAC) of 0.08% or higher is considered legally impaired. Blood alcohol concentrations decrease over time as the body metabolizes the alcohol. This means, if you have been injured by a suspected drunk driver, time is of the essence. You don’t want the drunk driver’s BAC to drop into the legal range due to delay in contacting law enforcement. If you were just hurt in a motor vehicle crash, call 911 right away.
North Carolina has adopted a zero tolerance policy for drivers under the age of 21 and commercial vehicle operators. This means that even a small amount of alcohol can result in severe penalties and even jail time for those convicted of DWI.
NC Drunk Driving Statistics
Every single day in the United States, approximately 34 lives are lost in drunk-driving crashes. This means that every 42 minutes, another family face a preventable tragedy. In 2023 alone, alcohol-impaired driving led to 12,429 traffic deaths.
The North Carolina Department of Transportation data shows that more than 8,000 people were injured in drunk driving accidents in North Carolina in 2023. There were also 12,146 alcohol-related crashes in North Carolina in 2023. That’s an increase of 2.5% compared to 2022. There were also 18,386 DWI arrests in North Carolina in 2023.
Should I Talk To the Other Person’s Insurance Company?
DO NOT speak with any insurance companies before speaking with a personal injury lawyer. Period. It’s important to report all crashes to insurance companies in a timely manner, but it is equally critical that you speak with your lawyer first. Remember, insurance companies are for-profit businesses that make money by paying injured people as little as possible. When you call the insurance company, they will often record your telephone call and try to get information from you that will assist them in denying or devaluing your claim. SO, LET YOUR MVA LAWYER SPEAK WITH THE INSURANCE COMPANY.
When you hire us, we handle all communication for you. Our experienced team knows the tactics insurance companies use, and we ensure they receive only the facts necessary to move your case forward without compromising your injury settlement.
Drunk Driving Victims Compensation
As mentioned above, you can claim both compensatory and punitive damages from the at-fault party. Compensatory damages are meant to “compensate” you for losses you have suffered as a result of the drunk driver’s negligence, and accordingly, include:
- Medical bills
- Lost wages
- Pain and suffering (present and future)
- Prescription bills
- Vehicle damage
- Mileage reimbursement (for medical appointments)
- Future medical expenses certified by your doctor
- Permanent disfigurement (scarring, burns, road rash, etc.)
- Permanent impairment/physical restrictions
Beyond just adding up bills, an attorney is essential for negotiating non-economic damages like pain, suffering, and the long-term emotional toll of the crash. While insurance companies use rigid formulas to low-ball these “intangible” losses, a personal injury lawyer builds a human narrative around your recovery, helping ensure your accident injury compensation reflects the true extent of your struggles.
What Happens If the Other Driver Doesn’t Have Insurance?
While it may seem like a rare occurrence, being hit by an uninsured driver is a reality for many North Carolinians. This can be common in drunk driving cases, where the driver may have already had their license revoked or their insurance canceled due to prior offenses.
If you find yourself in this position, do not lose hope. At Bradley Law Group, we can help find “hidden” coverage. We can do a thorough search to determine if the drunk driver had insurance (even if it’s not listed on the police accident report). We can make a claim against the policy for the vehicle that the drunk driver was operating. If the drunk driver was not the owner of the vehicle he was driving, then we can make a claim against the drunk driver’s car insurance policy as well. We can claim both compensatory and punitive damages in either of these scenarios.
What if neither the car owner or the drunk driver have insurance? In such a scenario, we will handle your case a little differently. If you are injured by a drunk driver with no insurance, we can attempt to file an uninsured motorist claim. Depending on the facts of your case, we can look for uninsured motorist coverage in several places:
- We can file an uninsured motorist claim with the insurance for the vehicle you were in at the time of the collision (this assumes you were not riding with the drunk driver)
- If there was no insurance on the vehicle you were riding in, we can file an uninsured motorist claim on your own car insurance policy. If you have car insurance, we can make your claim to your own insurance company if no other insurance is available.
- If there was no insurance in the vehicle that you were riding in and you did not have your own insurance on the date of the collision, then we can look to see if you were living with a blood relative at the time of the collision. If so, your relative’s car insurance policy could provide uninsured motorist coverage for you.
If the drunk driver doesn’t have enough insurance to pay the full value of your case, your lawyer will search for possible underinsured motorist coverage. You may be eligible for this type of coverage through the insurance on the car you were riding in, your own vehicle insurance or the insurance of a blood relative living with you at the time of the collision. Your attorney will be able to determine all applicable policies.
Supporting Victims of Drunk Driving in North Carolina
Alcohol-related crashes are a top safety problem; the aftermath can be overwhelming for victims and their families. Drunk driving victims often face not only physical injuries but also emotional trauma and mounting medical expenses.
Support doesn’t end with legal representation. There are community resources and support groups available to help victims and families cope with the emotional impact of a drunk driving crash. Raising awareness about the importance of using a designated driver or alternative transportation can help prevent future tragedies. By working together as a community, we can reduce the number of drunk driving accidents and fatalities in North Carolina, making our roads safer for everyone.
Focus on Your Recovery. We’ll Handle the Rest
When you have been injured by a drunk driver, you will have a lot on your plate. Injuries, possibly a wrecked car, medical expenses, missed work, etc. It’s definitely not a good time.
At Bradley Law Group, our North Carolina accident lawyers can take care of many of the headaches associated with insurance claims. We can help you with your medical treatment and make certain that you don’t unknowingly tank your case by saying something wrong to the insurance company. Let us maximize your recovery and take care of the hassles so you can focus on healing and getting your life back together. Reach out to us for a free consultation today.
Disclaimer: All cases are unique and are evaluated independently. Past results are not a guarantee of future performance. This post does not form an attorney client relationship with the reader nor is it intended as legal advice. State laws are different regarding insurance coverages and their applicability. Bradley Law Group represents people involved in accidents in North Carolina.