Asheville motorists struck by drunk drivers can take action to get recovery help. They would file accident claims to seek the assistance they’ll need with their medical costs and other damages.
The at-fault driver will face DWI charges and perhaps a trial, but victims don’t have to wait on the outcome to demand support. The status of a criminal case doesn’t prevent the victim from seeking justice. The car accident claim is resolved separately and can be filed at any time.
What will matter in a car accident case is the amount of evidence submitted with an insurance claim. Melrose Law secures strong evidence for our clients, so the blame stays 100% on impaired drivers. To find out if a lawyer can help you earn more, contact us to schedule a free, no-obligation consultation.
We want to get you paid sooner, paid more, and allow you time to focus on healing while we handle the frustrating parts of an accident claim.
How Is a Drunk Driver Determined to Be Impaired?
According to North Carolina statutes (§ 20-138.1. Impaired driving.), a driver is considered to be Driving While Impaired (DWI) when their blood alcohol concentration (BAC) is at .08% or above. That level is even lower for commercial drivers and sits at .04%.
BAC is determined through testing on either a breath or a blood sample. But at certain parts of the investigation, the suspect can refuse these tests. If a test is refused, the officer’s judgment in the matter is relied on. The officer could still make an arrest if the investigator observed clear signs of impairment. The suspect could be convicted on the officer’s testimony.
And drivers can be arrested for DWI with levels less than .08%. If a driver took a breathalyzer test and was under the limit, but still showed signs of being physically or mentally impaired, the officer could still charge the motorist.
Is a Drunk Driver Automatically Blamed for Every Collision?
Drunk drivers aren’t automatically found at fault for accidents. They can be arrested for driving under the influence of alcohol, but not blamed for causing a collision. The DWI violation and the cause of an accident would be considered separately.
Car insurance companies can take advantage of this to try to blame you for a collision, even though you were completely sober. Your attorney would help provide the proof that a driver was inebriated and caused the crash that left you injured.
What Can I Receive Compensation for After Being Struck by a Drunk Driver?
An accident involving a drunk driver will always take you by surprise and may leave you with plenty of hardships in the aftermath. An impact may happen one evening on Broadway Street when your car is struck, or you are hit while crossing the road as a pedestrian or cyclist.
If your injuries are serious, you may need medical care for weeks or months. This will build up hospital bills at a time when you may be unable to go to work because of your injury.
Drunk drivers and their car insurance providers need to be held accountable for every physical, emotional, and financial toll a collision takes.
Your lawyer makes sure to create a list of every damage you’ve endured and then demands these benefits and more:
- Money to pay all of your medical bills
- Money to pay for the care you’ll need in the future
- Support to cover a lifetime of support if you suffer permanent physical disability
- Support for the pain you’ve endured and may continue to deal with
- Support for the emotional upheaval caused in your life
- Money to pay for travel to see specialists and surgeons in Asheville or in other cities
- Reimbursement for the paychecks you must forfeit while you can’t perform your job duties
- Money to replace or repair your personal property, such as an SUV, motorcycle, truck, or bicycle
Contact an Asheville Car Accident Lawyer
Your Melrose Law attorney fully investigates your accident and those responsible. The evidence gathered can make a big difference in the amount you are able to demand and take home.
Our lawyers are happy to go over your case with you to determine the best course of action. Tell us what happened. Then let’s go over what your injury and hardships are worth and how to hold a drunk driver responsible.
Melrose Law offers a free case consultation to all Buncombe County car accident victims. There’s no obligation for your case review, and all consultations are confidential. There are also no upfront charges if you do need to hire a great lawyer. We don’t get paid anything if we lose your case. If we win, our fee comes out of the settlement money you receive from a car insurance company.
