If you have recently been injured in an accident caused by a drunk or drugged driver, they are likely to face prosecution for driving under the influence (DUI) of drugs or alcohol. You may be wondering, “Should I hire a lawyer for a DUI in North Carolina?” The answer is yes; the right attorney can help hold the at-fault driver accountable for the harm they have done to you while the state handles prosecuting and punishing them for breaking the law.
A Charlotte drunk driving accident lawyer is the ideal resource to consult if you have recently been injured in any type of vehicle crash caused by an intoxicated driver. Your case may seem straightforward at first, but the state enforces strict laws when it comes to establishing liability for an accident and securing compensation for the losses you suffered. Trustworthy legal counsel makes every aspect of your case easier to manage.
Proving fault is crucial in every vehicle accident case. The state’s fault rule means that whoever is at fault for an accident absorbs liability for the resulting damages. When you have been injured in a DUI accident, it’s natural to assume that proving fault will be easy in your case. However, it is vital to understand North Carolina’s contributory negligence rule. Under this rule, you cannot claim compensation if you were partially at fault for the accident.
It’s possible that a driver could have been hit by a drunk driver, only for the investigation to reveal that the driver was speeding at the time. This would constitute contributory negligence and prevent them from claiming compensation from the defendant, even though the defendant is very clearly more at fault. This rule may seem unfair, and it is likely for any defendant facing a civil claim for damages to assert contributory negligence as a defense.
Hiring an experienced Charlotte drunk driving accident lawyer can significantly improve your chances of resolving any such issues you encounter with your claim. They can manage all your legal proceedings for you so you can focus on your medical recovery and your personal obligations. They can handle an auto insurance claim for you and also assist you with building a comprehensive personal injury suit against the at-fault driver.
If you encounter allegations of contributory fault or the criminal case against the at-fault driver will interfere with your civil suit, your attorney can be ready to address these issues and help reach a positive resolution to your claim. The attorneys at Ayers, Whitlow & Dressler have years of professional experience helping our clients throughout the state with all types of vehicle accident claims, and we are ready to put this experience to work in your case.
A: You need to hire a lawyer for a DUI accident claim if you want to reach the optimal outcome for your recovery efforts. While it is technically possible for you to recover from your accident on your own, you are unlikely to reach a favorable outcome to your case without an attorney’s help. The right attorney can streamline all the legal proceedings ahead of you and significantly improve your chances of maximizing your total recovery.
A: The cost to hire a Charlotte drunk driving accident lawyer depends on the lawyer’s billing policy. At Ayers, Whitlow & Dressler, we accept all personal injury cases on a contingency fee basis, meaning our client pays a fee only if and when we win their case. There is no fee at all if we are unable to secure compensation for the client, so there is no financial risk in hiring an attorney under this type of billing arrangement.
A: The penalties for DUI in the state will vary from case to case based on multiple variables. Generally, convicted defendants should expect to face a heavy fine, a driver’s license suspension, and incarceration. Additional penalties, such as community service and mandatory substance abuse treatment, can be assigned at the discretion of the sentencing judge. Penalties increase with multiple offenses and/or if a defendant causes bodily harm or death.
A: The time it could take to resolve a DUI accident claim depends on many factors. If the defendant was immediately arrested at the scene of the crash, their criminal case from the state is likely to unfold relatively quickly. Your civil claim for damages is a separate matter that may unfold alongside the criminal case filed by the state. Your attorney can provide an estimate of how long it could take to resolve your case.
A: If a DUI accident is fatal, the at-fault driver not only faces felony-level criminal charges from the state due to causing a fatal injury, but they also face a wrongful death claim from the family of the victim. A wrongful death claim is a type of personal injury claim filed in response to a fatal personal injury. The party filing the claim has the right to seek compensation for the losses caused by the defendant’s actions, which are likely to include the family’s pain and suffering, funeral and burial expenses, and losses incurred by the deceased’s estate.
The attorneys at Ayers, Whitlow & Dressler have years of professional experience handling a wide range of car accident claims, including accidents resulting from intoxicated driving. This type of accident can not only result in more severe damages than most other collisions but also raise more difficult legal questions. Contact us today to schedule a free consultation with a Charlotte drunk driving accident lawyer who can help you make sense of your situation.