Apex Drunk Driving Accident Lawyer

If you’ve been injured in a drunk driving accident, you’re likely facing a challenging situation. You’re not alone. Our experienced Apex drunk driver accident lawyers at Whitley Law Firm have helped numerous victims like you build strong cases and fight for fair compensation.

With our experience in drunk driving laws, evidence collection, and insurance claims, we’re well-equipped to handle your case. If you’re seeking legal representation, consider consulting with an Apex car accident lawyer. 

Understanding Drunk Driving Laws in North Carolina

In North Carolina, you are considered legally impaired and can be charged with driving while impaired (DWI) if your blood alcohol concentration (BAC) is 0.08% or higher. This standard applies to all drivers aged 21 and older. 

For commercial drivers, the legal limit is lower, at 0.04% BAC. Additionally, North Carolina has a zero-tolerance policy for drivers under 21, meaning any detectable amount of alcohol in their system can result in a DWI charge.

Penalties for a DWI in North Carolina

• First Offense:
  • BAC of 0.08% or higher: Penalties can include a fine of up to $200, jail time of 24 hours to 60 days, and a one-year license suspension.
  • Aggravated Level 1: This is the most serious level of punishment and includes jail time from 30 days to two years and fines up to $4,000 if there are grossly aggravating factors such as prior DWI convictions or causing serious injury.
• Second Offense:
  • If the second offense occurs within three years of the first, the driver’s license can be revoked for four years. Penalties also include a fine of up to $2,000, seven days to one year in jail, and the possible installation of an ignition interlock device (IID).
• Third Offense:
  • A third DWI offense within seven years can result in a permanent license revocation. The offender may face 30 days to two years in jail and fines up to $4,000. Habitual offenders may also have their vehicle seized.

Evidence Our Apex Drunk Driver Accident Lawyers Collect

When gathering evidence in a drunk driving accident investigation, we focus on collecting important details that can support your case. Our Apex personal injury lawyer will document the scene, noting any visible damage, road conditions, and other factors that may have contributed to the accident.

Documenting the Scene

Document the scene of the accident immediately. The evidence collected in the first few hours can be important in building a strong case against the drunk driver. This is also important for preserving details that may be lost over time, such as skid marks, vehicle damage, and debris.

To effectively document the scene, make sure to:

• Take photographic proof: Capture high-quality photos of the accident scene, including damage to vehicles, road signs, and any other relevant features.
• Collect video recordings: If possible, obtain video footage from surveillance cameras, dashcams, or bystanders’ smartphones.
• Note weather and road conditions: Record the weather, road surface, and lighting conditions at the time of the accident.
• Document vehicle positions and damage: Take photos and notes on the position of vehicles, including their make, model, and license plate numbers, as well as any visible damage.

Reviewing Witness Statements

After thoroughly documenting the accident scene, your next step is to gather witness statements. These statements can provide valuable insights into the events leading up to the crash and can be important in establishing liability and fault in a drunk driving accident case. 

It’s also important to identify any statement inconsistencies, which can raise concerns about the witness’s reliability. Look for discrepancies in the witness’s account of the accident, including contradictions in their testimony or variations in their story over time. 

Apex Apex Drunk Driving Accident Lawyer Near Me (800)785-5000

Building a Strong Compensation Case

A thorough investigation and documentation of evidence are important in building a strong compensation case against the drunk driver responsible for your injuries. As you go through the legal process, it’s important to work with an experienced Apex drunk driver accident lawyer who can develop a solid case strategy tailored to your unique situation.

Here are some pivotal elements to focus on when building your case:

• Gathering evidence: Collecting police reports, witness statements, medical records, and any other relevant documentation will help establish a strong foundation for your claim.
• Establishing liability: Your Apex drunk driver accident attorney will work to prove that the drunk driver was responsible for the accident and resulting injuries, highlighting their negligence and recklessness.
• Calculating damages: You’ll need to document all financial burdens, including medical expenses, lost wages, and other related costs, to determine the fair compensation you are entitled to.
• Preparing for negotiations or trial: Your attorney will help you prepare for negotiations with the insurance company or, if necessary, a trial to ensure that you’re adequately represented and that your rights are protected.

Maximizing Your Settlement Potential

Your settlement potential hinges on gathering and presenting compelling evidence, accurately calculating your losses, and moving through legal nuances. To maximize your settlement, you need to understand what factors contribute to a strong claim. Here are some important considerations:

• Documenting pain and suffering: Keep a detailed journal of your physical and emotional injuries, including medical treatments, therapy sessions, and daily struggles. This will help quantify your pain and suffering, ensuring you receive fair compensation.
• Calculating financial burden: Accurately tally up your financial losses, including medical bills, lost wages, and other expenses related to the accident. This will help you recover the financial burden imposed by the drunk driver’s negligence.
• Gathering evidence: Collect police reports, witness statements, and any other relevant evidence that supports your claim. This will help build a strong foundation for your case.
• Understanding comparative negligence: Familiarize yourself with your state’s laws regarding comparative negligence, which can impact your settlement amount. This will help you move through legal situations and avoid costly mistakes.

Handling the Insurance Claims Process

You’ll probably need to work your way through an insurance claims process involving multiple adjusters, forms, and deadlines to recover damages from the drunk driver’s insurance company. This process can be overwhelming, especially when you’re dealing with physical and emotional injuries. However, it’s important to go through it carefully to make sure you receive fair compensation.

As you work your way through the claims process, be aware of insurance loopholes and policy limitations that may affect your settlement. For instance, some policies may have limitations on coverage for accidents involving drunk drivers. 

To avoid falling victim to these tactics, it’s important to keep detailed records of your medical treatment, lost wages, and other expenses related to the accident. You should also be prepared to provide evidence of the drunk driver’s liability, such as police reports and witness statements. By being proactive and organized, you can increase your chances of receiving a fair settlement. 

Contact an Apex Drunk Driver Accident Lawyer

A drunk driver has wronged you, and now it’s time to take control. At Whitley Law Firm, our Apex drunk driver accident lawyers will manage the insurance claims process with confidence, ensuring you receive justice and fair compensation for your injuries and losses.

Contact us today for a free case evaluation.