Representing Drunk Driving Victims
PRACTICING PERSONAL INJURY IN VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, WEST VIRGINIA AND GEORGIA
Of all the preventable accidents, those involving driving while under the influence of alcohol or illicit substances are the easiest to prevent and are often some of the most devastating.
If you or someone you know and care for has recently been involved in a DUI accident, you need a DUI lawyer who helps accident victims in Virginia, North Carolina, South Carolina, West Virginia and Georgia.
TYPES OF DAMAGES IN DRUNK DRIVING ACCIDENTS
From a personal injury procedural standpoint, drunk driving injury cases are not all that dissimilar from other personal injury cases. There are, however, some dramatic differences in terms of evidence and types of damages that may be available.
For example, negligence and liability are often easier to prove when the driver who caused your accident was obviously intoxicated. In many cases, it’s easy to prove the drunk driver was entirely liable or carries a majority of the responsibility for the accident.
People injured in drunk driving cases may also have access to punitive damages, which are only available in cases where the negligent party was taking actions they should have known could very possibly result in the injuries of another person.
The reason these damages are referred to as “punitive,” and are separate from “compensatory” damages, is their unique use as a punishment and deterrent. Punitive damages are intended to make the negligent act so financially painful that the drunk driver will abstain from making the same choices in the future.
DRAM SHOP LAWS
A negligent driver’s insurance policy limits – or their complete lack of insurance – often prevents people injured in auto accidents from receiving the compensation they deserve. An experienced personal injury attorney may be able to find additional defendants to name in the plaintiff’s case to significantly increase the potential compensation the injured party can receive.
For example, in South Carolina it is illegal for a bar to serve alcohol to a customer who they know – or should know – is intoxicated. If the overserved drunk customer then gets behind the wheel of their car and injures someone in a drunk driving accident, the bar can be held liable and named as a defendant in a drunk driving personal injury case.
West Virginia allows peopled injured by drunk drivers to seek compensation from the establishment that served the driver, but Virginia generally does not. Georgia also allows people injured by drunk drivers to seek restitution from the liquor store, bar or restaurant that served the intoxicated driver.
In many states, dram shop laws are especially plaintiff-friendly if the intoxicated driver was a minor. In that case you don’t even need to prove the driver was “noticeably” intoxicated at the time of being served by the establishment. Simply serving alcohol to a minor who then gets into an auto accident that injures or kills someone immediately makes the business open to liability. In some states, such as North Carolina, dram shop personal injury laws only apply if the driver was a minor.
Each state has slightly different dram shop laws, so make sure to speak with an experienced attorney to find out if those laws may apply to your case.
HAVE YOU BEEN INJURED IN A DUI ACCIDENT?
Our DUI lawyers understand the physical suffering and emotional duress you and your family are enduring. We also understand the financial difficulties you face, such as rising medical bills and lost wages, which is why we want to help you.
No personal injury is fair. Nearly every client we represent was injured because someone was doing something they should not have been doing, but oftentimes these accidents are caused by honest mistakes and don’t rise to the level of maliciousness.
Drunk driving injuries are different. The fact that these injuries could have been easily prevented makes them all the more unjust. Had the drunk driver simply not gotten behind the wheel after drinking too much you or your loved one wouldn’t be in this situation.
Our DUI attorneys are dedicated to helping victims who have been seriously harmed by the actions of irresponsible drunk drivers and alcohol-impaired motorists. For over 30 years our law firm has fought against insurance companies and negligent motorists and for the victims of drunk driving.
Contact Our DUI Lawyers in Virginia, North Carolina, South Carolina, West Virginia and Georgia
If you’ve been injured due to the negligence of others, contact one of our personal injury lawyers and let us fight for you.