Drunk driving accidents are unfortunately all too common in North Carolina. These types of accidents can have severe consequences, including injuries, property damage, and even fatalities. Passengers who are involved in drunk driving accidents may face physical, emotional, and financial struggles as a result of their injuries. However, North Carolina law provides certain legal rights and protections for these passengers. In this article, we will explore these legal rights in detail and outline the steps that passengers should take following a drunk driving accident.
The Prevalence of Drunk Driving Accidents in North Carolina
Drunk driving accidents continue to be a significant problem in North Carolina. According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), North Carolina had 389 alcohol-impaired driving fatalities in 2019, accounting for 27% of all traffic deaths in the state. These fatalities were caused by drivers who had a blood alcohol concentration (BAC) of 0.08% or higher.
Recent Statistics on Drunk Driving Accidents
Recent data shows that the number of drunk driving accidents in North Carolina has been increasing in recent years. In 2019, there were over 8,500 alcohol-related crashes across the state. These crashes resulted in over 4,400 injuries and more than 300 fatalities. The data also indicates that men are more likely to be involved in these accidents than women, and drivers between the ages of 21 and 34 are the most likely to be involved in drunk driving accidents.
The Impact of Drunk Driving on Communities
The impact of drunk driving goes beyond the individuals involved in the accidents. Drunk driving accidents can have a significant impact on communities, including increased healthcare costs, lost productivity, and lower quality of life for residents. They also put a strain on law enforcement and emergency response resources, as well as the court system.
Legal Rights of Passengers in Drunk Driving Accidents
Passengers who are involved in drunk driving accidents have legal rights and protections under North Carolina law. These rights include:
Right to Compensation for Injuries and Damages
Passengers who are injured in a drunk driving accident may be entitled to compensation for their injuries and damages. This compensation may include medical expenses, lost wages, and pain and suffering. In some cases, passengers may also be able to recover for property damage and other economic losses they suffered as a result of the accident.
It is important for passengers to seek medical attention as soon as possible after the accident, even if they do not feel injured. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent. By seeking medical attention, passengers can ensure that their injuries are properly diagnosed and treated, and they can also establish a record of their injuries that can be used in their claim for compensation.
Right to File a Claim Against the Drunk Driver
Passengers may also have the right to file a claim against the driver who caused the accident. If the driver was intoxicated at the time of the accident, they may be liable for the passenger’s injuries and damages. This may include compensation for medical bills, lost wages, and pain and suffering.
In order to file a claim against the drunk driver, passengers will need to gather evidence to support their claim. This may include police reports, witness statements, and medical records. It is important for passengers to work with an experienced personal injury attorney who can help them navigate the legal process and ensure that their rights are protected.
Right to File a Claim Against a Third Party
If another party played a role in the accident, passengers may be able to file a claim against that party as well. For example, if the driver was served alcohol at a bar or restaurant before the accident, the establishment may be liable for the passenger’s injuries and damages.
Under North Carolina’s dram shop laws, establishments that serve alcohol to visibly intoxicated individuals can be held liable for any injuries or damages caused by that individual. This means that passengers may be able to file a claim against the establishment where the driver was served alcohol, in addition to filing a claim against the driver.
In conclusion, passengers involved in drunk driving accidents have legal rights and protections under North Carolina law. These rights include the right to compensation for injuries and damages, the right to file a claim against the drunk driver, and the right to file a claim against a third party. It is important for passengers to work with an experienced personal injury attorney who can help them navigate the legal process and ensure that their rights are protected.
Types of Compensation Available to Passengers
Passengers who are injured in a drunk driving accident may be entitled to several different types of compensation, including:
Medical Expenses
Passengers who suffer injuries in a drunk driving accident may require extensive medical treatment. Depending on the severity of their injuries, they may need to undergo surgery, physical therapy, or rehabilitation. The cost of medical treatment can quickly add up, leaving passengers with significant medical bills to pay. Fortunately, passengers may be entitled to compensation for their medical expenses, including hospital bills, doctor’s visits, and rehabilitation costs. If their injuries require ongoing care, they may be able to recover for future medical expenses as well. This can help to alleviate the financial burden of medical treatment and ensure that passengers receive the care they need to recover from their injuries.
Lost Wages and Earning Capacity
Passengers who are injured in a drunk driving accident may be unable to work for a period of time. This can result in lost wages and financial hardship for passengers and their families. Fortunately, passengers may be entitled to compensation for their lost wages. This can help to cover the cost of bills and other expenses while they are unable to work. In addition, if their injuries prevent them from returning to their job, they may be able to recover for any future lost earning capacity. This can help to ensure that passengers are able to support themselves and their families despite their injuries.
Pain and Suffering
Passengers who are injured in a drunk driving accident may experience significant physical pain and emotional distress as a result of their injuries. This can include pain from broken bones, cuts and bruises, and other injuries, as well as emotional distress such as anxiety, depression, and post-traumatic stress disorder (PTSD). Passengers may be entitled to compensation for their pain and suffering. This can include compensation for the physical pain and emotional distress they experienced as a result of the accident. This can help to provide passengers with a sense of justice and closure, and can also help to cover the cost of therapy or other treatment for emotional distress.
Property Damage
In addition to suffering physical injuries, passengers may also have their property damaged in a drunk driving accident. This can include damage to their vehicle, personal belongings, or other property. If a passenger’s property was damaged in the accident, they may be able to recover for the cost of repairs or replacement. This can help to ensure that passengers are not left with the financial burden of repairing or replacing their property.
Steps to Take Following a Drunk Driving Accident
If you are a passenger involved in a drunk driving accident, there are several important steps that you should take to protect yourself and your legal rights.
Seek Medical Attention
Even if you do not feel injured immediately after the accident, it is essential to seek medical attention as soon as possible. Some injuries may not become apparent until later, and delaying medical treatment can make things worse. Seeking medical attention can also help you document your injuries and establish a record of your medical treatment, which can be important if you decide to pursue legal action later on.
It is also important to follow your doctor’s orders and attend all follow-up appointments to ensure that you are receiving the proper care and treatment for your injuries.
Report the Accident to the Police
You should also report the accident to the police as soon as possible. This will create an official record of the accident, which can help with any legal claims or insurance disputes you may have in the future. When speaking with the police, be sure to provide an accurate and detailed account of what happened, including any information you have about the driver who caused the accident.
Gather Evidence and Document the Scene
You should gather as much evidence as possible at the scene of the accident. This includes taking photos of the damage, identifying witnesses, and getting the contact information of any other involved parties. This evidence can be crucial in proving your case later on.
It is also important to write down everything you remember about the accident as soon as possible. This can include details about the weather, road conditions, and any other factors that may have contributed to the crash.
Consult with a Personal Injury Attorney
Finally, it is crucial to consult with a personal injury attorney who can help you navigate the legal process and recover the compensation you deserve. An experienced attorney can review your case, advise you on your legal options, and help you pursue a claim for damages.
When choosing an attorney, look for someone with experience handling drunk driving accident cases. They should be able to explain the legal process to you in a way that you can understand, and they should be committed to fighting for your rights and helping you get the compensation you need to move forward.
Remember, if you have been involved in a drunk driving accident, you are not alone. By taking the right steps and working with an experienced attorney, you can protect your legal rights and get the help you need to recover from your injuries.
Conclusion
Passengers who are involved in drunk driving accidents can suffer significant injuries and damages. However, North Carolina law provides legal rights and protections for these passengers. If you are a passenger who has been involved in a drunk driving accident, it is essential to understand your legal options and seek the help of a personal injury attorney to recover the compensation you deserve.
