Charlotte Drunk Driving Accident Lawyer

Charlotte Drunk Driving Accident Attorney

When people who have been drinking get behind the wheel, they are not only a danger to themselves but also to innocent people who share the roadways with them. When this type of negligence leads to serious injury or death, it is important to hold the irresponsible driver accountable for his or her actions. If you or someone you know has been in an accident caused by a drunk driver, a Charlotte drunk driving accident lawyer can help.

At Elam & Rousseaux, PLLC, our Charlotte personal injury attorneys can help you pursue the compensation that you need when your life has been impacted by a drunk driver.

Drunk Driving Laws

North Carolina, like all other states, has a legal alcohol limit that is allowed for driving. If a driver goes over that limit, they are considered to be driving under the influence, which is illegal. The amount of alcohol allowed in a person’s system is called the blood alcohol content level. For drivers, the legal limit is 0.08%. This limit is 0.04% for those who drive commercial vehicles.

North Carolina is a state that has adopted the implied consent law. With this law, any person operating a motor vehicle is inherently agreeing to testing (such as a breath, blood, or urine test) to check their blood alcohol level if they are suspected of driving while impaired. They may be subject to penalties, including a suspended license if they refuse to test.

Like most other states, North Carolina has even stricter laws for those driving under the influence who are underage. Any driver under the age of 21 is not permitted to have any amount of alcohol in their system. If they are, they can be convicted of a misdemeanor, be ordered to pay fines of up to $1,000, and spend up to 60 days in jail. Their license will also be revoked until they are 21 and they complete any required treatment plans.

Drunk Driving Injuries

The injuries that a person can face during a drunk driving accident are similar to the ones they can expect in other types of accidents for both the drunk driver and the victim. These include:

• Traumatic brain injuries: This can range from a concussion to even more serious injuries such as a skull fracture.
• Spinal cord injuries: Spinal cord injuries can sometimes lead to paralysis or other impairments. Spinal cord injuries are some of the most common injuries that lead to long-term or permanent physical effects.
• Whiplash: Whiplash happens when sudden force quickly moves a person’s neck back and forth.
• Neck injuries: Neck injuries often happen as a result of whiplash. These can result in damage to the neck and ligaments, soft tissue injuries, and muscle strains.
• Broken bones: Broken bones and fractures include breaks to the arms, legs, and ribs. Sometimes, these require surgery, physical therapy, and extensive recovery times.
• Internal injuries: Internal injuries include internal bleeding and damaged or punctured organs. Unfortunately, these injuries are not always as easily noticeable as external injuries.
• Non-physical injuries and psychological trauma: These injuries include PTSD, anxiety, and depression.

These injuries are taken into consideration when seeking compensation for damages for being hit by a drunk driver in Charlotte, NC. If you experience any of these types of injuries, or some not mentioned, that had an effect on your financial situation (including the addition of medical bills or lost wages from having to take time off work for your injuries), we will work to recover that compensation for you.

Working Hard To Get You Full And Fair Compensation in Charlotte, NC

When an auto accident results in catastrophic injuries, the attorneys at Elam & Rousseaux, PLLC, will work hard to help you.

We will fight to get full and fair compensation for all your damages, including:

• Medical bills: This includes compensation for past, present, and future medical bills related to the injuries sustained from the accident. This could be surgeries, doctor’s visits, medication, physical therapy, medication, and rehabilitation.
• Lost wages: If the injuries from the accident caused you to miss work, you may be entitled to compensation. This may also apply to time you may have had to take off, including paid time off or sick days. You may be entitled to compensation for the value of those days.
• Diminished earning potential: If the injuries also cause you to have a loss of earning potential in the future, you may be entitled to compensation for that as well. In essence, lost wages include both missed work and loss of future wages.
• Pain and suffering: You may be entitled to receive compensation for physical pain and emotional suffering caused by the accident. This can include compensation for both past and future pain and suffering.
• Property damage: Any personal property that was damaged in the accident can also be claimed for compensation. This includes damage done to your vehicle. This can also include any damages done to personal property inside the vehicle if valuable items were damaged.

We are committed to ensuring that both your short-term and long-term needs are accounted for. That is why we will negotiate tenaciously to help you get a fair settlement, and we are willing to take your claim to court if necessary.

FAQs About Charlotte, NC Drunk Driving Accident Laws

How Much Can Someone Sue for a Car Accident in NC?

Generally speaking, there is no cap on the amount of damages a person can seek in a car accident claim in North Carolina. The amount that they seek damages for will depend on a number of factors.

These include the severity of the accident and the effects of the accident, including the amount of physical damage it caused, medical bills, property damage, and loss of income and future earning ability. This could also include punitive damages.

What Is the Fender-Bender Law in North Carolina?

In North Carolina, the Fender Bender Law requires that those involved in a non-injury car accident move their vehicles to the shoulder of the road after the accident has occurred. A person can receive fines if they fail to do so. The purpose of this law is to prevent further damage from being done on the road after the accident.

What Is the Penalty for Drunk Driving in North Carolina?

Most drunk driving incidents are classified as a misdemeanors in North Carolina. Generally speaking, offenders can spend up to 60 days in jail, up to $1,000 in fines, and a suspended license. However, there are other factors that could increase these penalties.

For instance, if it is a person’s repeat offense, they will generally face higher penalties. If the incident resulted in serious injury or death of another person, it may increase to a felony, which carries much harsher consequences.

How Many Drunk Driving Accidents Happen Per Year Near North Carolina?

According to the North Carolina Division of Motor Vehicles Crash Data Facts Report, in 2018, there were 11,345 drunk driving accidents in the state in a single year. Of these crashes, 411 were fatal. Seven thousand six hundred two resulted in injuries. Drunk driving deaths accounted for 28.5% of traffic deaths. According to these statistics, the amount of drunk driving accidents was highest around the holidays, particularly New Year’s Eve and New Year’s Day.

We Will Hold All Responsible Parties Accountable

While it is readily apparent that a person who drives drunk is acting negligently, there may be other parties who have acted negligently as well. If the driver was served to the point of intoxication at a bar or restaurant, the business may share some of the blame and be liable for your injuries.

We will thoroughly investigate the circumstances of your accident in order to ensure that all responsible parties are held accountable for their negligent acts. If you or a loved one has been injured by an intoxicated driver, we may be able to help. Contact us to get in touch with our Charlotte DUI accident lawyers online or call 704-343-0000 to schedule an appointment to discuss your situation.