Most people know that drinking and driving is dangerous, yet despite this, and despite the prevalence of ride-sharing to help you get home safely after a night out, people still get behind the wheel after drinking. The aftermath of a drunk driving accident can change the victim’s life forever and often alters their family dynamic, as well. At Burton Law Firm, we seek to hold these negligent, reckless drivers accountable for their actions and demand fair compensation for victims of DUI accidents. Contact our firm today for a free consultation with a Chapel Hill, NC, DUI accident lawyer.
What Does A Chapel Hill DUI Accident Lawyer Do?
Our DUI accident attorneys are personal injury lawyers who represent the interests and legal rights of people hurt after being struck by a drunk driver, not representing the driver themselves in court. We prepare a case of negligence against the driver, proving that they had a blood alcohol concentration above the legal limit (in North Carolina, it’s 0.08%BAC) and that their decision to drive after drinking led to the accident.
We gather evidence, such as the information in the police report and any record of the driver’s arrest or the results of a breath, blood, or urine alcohol test. Then, we use our thorough knowledge of North Carolina drink-driving and personal injury laws to build a strong case and demand that you be fairly compensated for your losses.
Proving Negligence In A DUI Accident Claim
The crux of a drunk driving injury case is proving that the other driver was negligent and, therefore, is liable for your injuries and material losses. We use a four-prong legal argument to do so:
- The driver had a duty of care for your safety (all licensed drivers in NC must adhere to traffic laws, including not driving drunk)
- They chose to drive after drinking too much and caused the accident
- You were injured in the accident caused by the drunk driver
- You suffered losses because of the accident
Personal injury claims in DUI accidents are the legal avenue for you to claim compensation for all the losses you suffered after the accident, both economic and non-economic. You likely suffered material losses, like the expense of repairing or replacing your car and your medical bills. You may have missed work because of your injuries and so suffered a loss of wages, as well.
You are also entitled to compensation for the pain and suffering of your injuries and the emotional trauma of the incident. These losses, while non-material, still have significant value, and we strive for the maximum compensation available to you.
Have You Been Hurt In A DUI Accident? We Want To Help.
If you or someone you love has been hurt in a crash with a drunk driver, the attorneys at Burton Law Firm want to help you demand compensation. We believe that these reckless drivers should be held accountable for their actions in every legal aspect, and we’re prepared to demand fair compensation on your behalf. Contact us today to speak with an experienced Chapel Hill DUI accident lawyer.
Common Challenges In DUI Accident Cases And How An Experienced Lawyer Overcomes Them
DUI (Driving Under the Influence) accidents often lead to serious injuries, property damage, and even fatalities. For victims of these accidents, seeking justice can be a complicated process. DUI accident cases bring unique challenges, from establishing fault to navigating insurance negotiations. A Chapel Hill, NC DUI accident lawyer, however, can help victims overcome these obstacles and fight for the compensation they deserve. Here, we’ll explore some common challenges in DUI accident cases and how skilled legal representation can make a difference.
1. Establishing Fault Beyond Criminal Charges
One of the main challenges in DUI cases is proving liability, even when the driver is criminally charged with driving under the influence. While a criminal conviction can help establish fault, it doesn’t automatically result in compensation for the victim. A DUI accident lawyer gathers substantial evidence, such as police reports, breathalyzer results, and eyewitness testimonies, to build a strong case that clearly establishes the impaired driver’s liability in the civil court. This evidence is essential, especially if the defendant tries to downplay their fault or shifts blame to the victim.
2. Dealing With Uncooperative Insurance Companies
Insurance companies often try to minimize payouts, even in cases where DUI is clearly involved. Adjusters may argue that the victim was partially at fault or that their injuries aren’t as severe as claimed. Negotiating with insurance companies requires knowledge of tactics they may use to lower a claim’s value. An experienced lawyer not only understands these tactics but also counters them by presenting a well-documented case, including medical records, expert testimony, and accident reconstruction if necessary. This approach helps ensure that the victim receives fair compensation for medical expenses, lost wages, and pain and suffering.
3. Handling Comparative Fault Claims
In some DUI cases, the impaired driver’s defense team may claim that the victim was partially responsible for the accident, introducing comparative fault. Comparative fault laws vary by state, but the idea is to reduce the compensation based on the victim’s percentage of fault in the accident. A skilled DUI accident lawyer is well-versed in state laws and knows how to combat these claims by presenting evidence that highlights the defendant’s responsibility. By refuting these arguments, the lawyer can help maximize the victim’s compensation.
4. Navigating Complex Legal Processes And Deadlines
DUI accident cases involve both criminal and civil legal proceedings, which can be confusing and time-consuming for victims to manage alone. Statutes of limitations and other legal deadlines add to the pressure. A DUI accident lawyer manages all aspects of the legal process, from filing claims to meeting deadlines and representing the victim in court if necessary. This guidance is essential, ensuring that no detail is overlooked and that the case proceeds smoothly.
Conclusion
DUI accident cases come with complex challenges that can feel overwhelming to victims and their families. From establishing fault to navigating negotiations with insurance companies, each step requires skillful handling to ensure the best outcome. A Chapel Hill DUI accident lawyer from Burton Law Firm has the resources, knowledge, and dedication to overcome these obstacles, advocating for the victim’s rights and pursuing the compensation they deserve. For victims facing the aftermath of a DUI accident, legal support can be a crucial step in securing justice and rebuilding their lives.
What To Do Immediately After A DUI Accident
As a Chapel Hill, NC DUI accident lawyer can confirm, being involved in a DUI accident can be a traumatic and overwhelming experience. However, knowing the steps to take immediately after the incident can make a significant difference in protecting your safety, rights, and ability to seek compensation. Here’s a guide to help you navigate this difficult situation.
1. Ensure Safety And Call For Help
The first priority is your safety and that of others involved. Move to a safe location if possible, such as the side of the road, to avoid further harm. If anyone is injured, call 911 immediately to request medical assistance. Even if injuries aren’t apparent, it’s essential to report the accident to law enforcement. Police involvement is critical in DUI cases, as they will document the scene and conduct sobriety tests on the suspected impaired driver.
2. Seek Medical Attention
Even if you feel fine, some injuries, like concussions or internal trauma, may not manifest symptoms right away. A medical evaluation ensures that any injuries are diagnosed and treated promptly. Additionally, medical records can serve as crucial evidence if you pursue a personal injury claim.
3. Document The Scene
While waiting for law enforcement or emergency services, gather as much information as you can. Use your smartphone to take photos or videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries. Collect the contact information of all parties involved, including the suspected drunk driver, and note their license plate number and insurance details.
4. Speak To Witnesses
If there are bystanders who witnessed the accident, ask for their names and contact information. Witness statements can play a significant role in corroborating your version of events during legal proceedings or insurance claims.
5. Do Not Admit Fault
When speaking to police officers or other drivers, avoid making statements that could be interpreted as admitting fault. Be honest about the events, but stick to factual information. It’s best to let law enforcement and legal experts determine liability.
6. Cooperate With Law Enforcement
Provide law enforcement officers with accurate and detailed information about the accident. If the other driver appears intoxicated, share your observations, such as slurred speech, the smell of alcohol, or erratic behavior. Officers may administer field sobriety or breathalyzer tests to confirm intoxication, which could strengthen your case.
7. Contact A DUI Accident Lawyer
Navigating the legal aftermath of a DUI accident can be complex. An experienced DUI accident lawyer can help protect your rights, guide you through the claims process, and fight for the compensation you deserve. They can also assist in gathering evidence, negotiating with insurance companies, and pursuing legal action against the impaired driver.
8. Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible. Provide them with the details but avoid giving recorded statements without consulting your lawyer first. Insurers may try to minimize payouts, so having legal representation is critical.
Conclusion
Being involved in a DUI accident is a harrowing experience, but taking the right steps can protect your well-being and legal rights. Prioritize safety, document everything, and speak to a Chapel Hill DUI accident lawyer from Burton Law Firm to ensure justice is served and you receive the compensation you’re entitled to.