In North Carolina, insurance benefits for car accidents follow a “fault-based” scheme. This means that instead of filing a claim with their own insurance company, car accident victims file claims directly against an at-fault driver’s insurance company. In showing fault for a DUI accident, certain evidence may be especially useful. For instance, any official police reports or videos of a driver showing symptoms of intoxication are helpful, as well as results from any blood alcohol tests taken near the time of the collision. In civil DUI accident cases, criminal charges and convictions can be used to prove that the driver was intoxicated when the collision occurred, but you do not need a criminal conviction to prevail in a civil case.

An intoxicated driver is liable for the harm that they cause behind the wheel, and there may also be other parties that are responsible for a crash. Under North Carolina’s dram shop law, certain establishments can be held accountable for over-serving a patron. North Carolina Statute Section 18B-305 prohibits bars, taverns, or restaurants from serving alcohol to an already intoxicated person, as well as any person under the age of 21. Aside from these businesses, if a drunk driver is driving someone else’s vehicle at the time of the accident, victims may have a cause of action against that vehicle’s owner. A Raleigh DUI accident attorney can investigate the events leading to the accident and bring all of the appropriate parties into the case.

When drunk drivers hit other motorists, pedestrians, or bicyclists, serious, life-altering injuries can result. Unfortunately, these crashes sometimes can be deadly. Family members who have lost loved ones in a fatal DUI accident can file a wrongful death claim against the parties responsible for their loss. Although no legal remedy will bring a loved one back, these lawsuits can help cover the costs of outstanding medical expenses and funeral or burial arrangements.

How To Build A Strong DUI Accident Case With Your Attorney

Being involved in a DUI accident can be a traumatic and life-altering experience. When the accident is caused by a driver under the influence of alcohol or drugs, it becomes even more frustrating. Victims often face mounting medical bills, lost wages, and emotional suffering. In such cases, working with a Raleigh, NC DUI accident attorney is crucial to building a strong case that can help you secure compensation and hold the responsible party accountable. Here’s how you and your attorney can work together to build a solid DUI accident case.

1. Preserve Evidence Immediately

One of the most important aspects of building a strong DUI accident case is preserving evidence right after the crash. Your attorney will advise you to collect as much information as possible from the scene, including photos of the accident, vehicle damage, and road conditions. Additionally, you should obtain the contact information of any witnesses, as their testimony could be vital in proving fault.

If police respond to the accident, make sure to get a copy of the police report. This report will often indicate whether the other driver was suspected of DUI, whether they failed a breathalyzer test, or if they were arrested at the scene. This report serves as critical evidence in establishing that the other driver’s intoxication caused the accident.

2. Obtain Medical Documentation

Your medical records will play a central role in proving the extent of your injuries and the damages you’ve suffered. Be sure to seek medical attention immediately after the accident, even if you don’t feel seriously injured at the time. Injuries like whiplash, concussions, or internal injuries may not be apparent until days later.

Your attorney will help you gather all medical reports, bills, and treatment plans to document your physical condition after the accident. 

3. Prove The Other Driver’s Intoxication

In a DUI accident case, proving that the other driver was intoxicated is key to holding them liable for the crash. Your DUI accident attorney will work to secure all available evidence, including the results of any breathalyzer, blood, or urine tests conducted by law enforcement.

In some cases, your attorney may also obtain video footage from traffic cameras, surveillance cameras, or dashcams that show the other driver’s behavior before the crash, such as erratic driving or running red lights. Additionally, witness statements can strengthen your case by providing an independent account of the other driver’s intoxication and reckless actions.

4. Demonstrate Negligence And Liability

Your attorney will need to prove that the intoxicated driver acted negligently, which led to the accident and your injuries. To do this, they will gather evidence demonstrating that the driver’s intoxicated state caused them to breach their duty of care on the road.

In legal terms, this involves showing that the drunk driver failed to operate their vehicle safely, which directly resulted in the accident and your injuries. Once negligence is proven, the driver will be held liable for the damages you have suffered.

Conclusion

Building a strong DUI accident case requires careful preparation, evidence gathering, and legal expertise. Working with an Raleigh DUI accident attorney from Burton Law Firm can significantly increase your chances of securing compensation for your injuries and losses. From preserving evidence to proving liability, your attorney will guide you through every step of the legal process, ensuring your rights are protected and you receive the justice you deserve.