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Drunk drivers are among the most dangerous drivers on our roads. Due to their delayed reactions and impaired physical and mental faculties, drunk drivers have a greater tendency to cause high-speed collisions and head-on impacts that result in serious injury or death. But drunk driving is preventable. When an impaired person gets behind the wheel and causes harm, it’s important to hold that driver accountable. Our attorneys bring proven experience and unwavering support to clients and families rebuilding their lives after a drunk driving accident.
A driver is legally impaired when their blood alcohol content reaches .08% or higher. At that point, a driver’s judgment, balance, and muscle coordination begin to break down. Even though alcohol affects everyone differently, most people at this point experience slowed reflexes, reduced awareness, and a dangerous sense of invincibility that makes safe driving nearly impossible. The consequences are devastating: in 2023, 12,429 people were killed in drunk‑driving crashes, a number that reflects not just statistics but thousands of families whose lives were permanently changed.
Proving that the defendant driver caused a collision is only one part of a drunk driving accident lawsuit. An experienced attorney will also investigate the individual’s actions before the crash to identify other liable parties. These claims, called dram shop claims, allow victims and their families to hold bar owners, bartenders, servers, and other sellers of alcohol just as accountable. To meet the standard for this claim, you must prove the following:
In other words, a personal injury lawsuit must prove that the defendant served an underage person who contributed to their intoxication, and that an innocent third party was injured or killed as a result of that intoxication.
Did You Know?
A 2019 CDC study found that 29% of drivers ages 15–20 who were killed in motor vehicle crashes were under the influence of alcohol.
The damages available after a drunk driving collision in North Carolina depend on a variety of factors specific to each case. If the victim survives the incident, several types of damages may be pursued. The extent and nature of these damages are influenced by the details of the collision, the severity of the injuries, and other circumstances surrounding the incident. This includes compensation for:
30% of car accident deaths in 2022 were caused by drunk drivers. If you are the family of a loved one killed by a drunk driver, whether the driver was underage or not, you can sue on behalf of your loved one’s estate. These costs include:
Under North Carolina law, drunk driving is considered willful and wanton negligence, which means there is always a possibility of recovering punitive damages. These damages are not intended to compensate the victim but to punish the defendant and send a message to the defendant and the community. While punitive damages in North Carolina are limited to the greater of $250,000 or three times compensatory damages, this limit does not apply in drunk-driving cases.
Recovering punitive damages in a drunk-driving case depends on the facts. For example:
These are several factors that can help drive the recovery of punitive damages, and it is very much a case-by-case inquiry. A thorough investigation into the punitive damages element of a drunk-driving case can lead to a policy limits tender, even when the injuries are less severe.
Attorney Shawn Howard brings substantial experience to cases involving alcohol‑related crashes. He secured a $2.9 million recovery for the family of a 6‑year‑old girl who was tragically killed by a wrong‑way drunk driver. The underage driver had been furnished alcohol by both businesses and private individuals, and our team pursued every party whose actions contributed to his intoxication. By doing so, we achieved a result far beyond what a standard car‑accident claim could have provided. While no legal outcome can replace the loss of a loved one, holding every responsible party accountable is an essential step toward justice.
At Maginnis Howard, we understand the profound impact a drunk driving accident can have on your life. When an underage driver decides to drive drunk, everyone who contributed to the wreck must be held accountable. Our dedicated attorneys are here to walk you through every step of the process, including investigating all parties responsible for providing alcohol to an underage person.
Contact us today at (919) 526-0450 or via our online form to schedule a free, confidential consultation about your case. We represent clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices. In addition to free consultations, we represent drunk driving accident victims and their families on a contingency basis, meaning you don’t pay anything unless and until we recover compensation on your behalf.
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