Injured in a Drunk Driving Accident?
We Are Here For You.
Table of Contents
Key Takeaways
- Free, no-obligation case evaluation: Meet with our attorneys at no cost, and you owe nothing unless we win your claim.
- With 200+ Years of Accident Experience: We know the complexities of Drunk Driver Accident claims to maximize your compensation.
- Millions Recovered for Accident Victims: Our team has secured millions of dollars in settlements helping clients rebuild their lives.
- Fifteen Offices: We serve drunk driving accident victims throughout Virginia, North Carolina, and South Carolina from 15 offices for your convenience.
Despite the known dangers, some people still choose to drive drunk, putting other motorists at risk. Criminal penalties and personal injury often fail to deter this behavior. Here, we focus on the civil legal consequences.
The drunk driving accident lawyers at Marcari, Russotto, Spencer & Balaban help individuals who have been injured in motor vehicle accidents caused by drunk drivers.
The Dangers of Drunk Driving
According to the National Highway Traffic Safety Administration (NHTSA), about 30% of all U.S. traffic fatalities involve an alcohol-impaired driver. Drunk driving remains one of the leading causes of deadly crashes on our roads, underscoring the importance of prevention and accountability.
How Our Drunk Driving Accident Attorneys Can Help You
At Marcari, Russotto, Spencer & Balaban, we understand the challenges you face after being injured by a drunk driver. Our team is committed to guiding you through every stage of the legal process with clear communication and dedicated advocacy.
We help drunk driving accident victims pursue compensation by:
- Conducting a detailed investigation to understand how the crash happened.
- Collecting crucial evidence, such as police reports, witness statements, and medical records.
- Communicating and negotiating with insurance companies to seek a fair settlement.
- Consulting with accident reconstruction specialists and other experts to strengthen your case.
- Preparing for and pursuing litigation in court when a settlement is not possible.
Our goal is to secure the compensation you need for medical bills, lost wages, and other damages while easing the legal burden so you can focus on recovery.
My experience with your firm and every associate and employee was incredible. Every step of the journey was first class and the outcome was amazing! I am eternally grateful! — Nancy R.
Why Choose Marcari, Russotto, Spencer & Balaban
After a drunk driving accident case, you need a law firm with a strong track record in handling these accident cases. At Marcari, Russotto, Spencer & Balaban, we provide personalized, attentive service to help you seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Our attorneys are committed to protecting your rights and guiding you through every step of the legal process with clear communication and reliable support.
Recent Settlements We’ve Won
Here are some examples of high-dollar client victories we have achieved for our clients:
- $2,826,000 for a motor vehicle accident where the victim required extraction with the jaws of life and sustained multiple injuries, including permanent vision loss and a fractured hip.
- $750,000 for a truck-versus-car accident that resulted in a fatality.
- $600,000 for a car accident involving an underinsured driver that caused a fractured leg and facial lacerations.
- $600,000 in a wrongful death case where the at-fault driver fell asleep and crashed head-on into the victim.
Testimonials
“Great group and very transparent. I was very nervous about the accident I was in but they took care of everything as they said they would. My settlement was more than fair and they handled it.” — Dan I.
“I was just Injured on April 24th in a pretty bad car wreck, The person pulled out in front of me On a straight two lane road , it’s still hard for Me to understand how this even happened but I do know It was at no fault of mine. Right now I have staples in my head, Severe headaches, I’m having A problem with my left elbow And lower back. As soon as I reached out to these Attorneys They came to my home in Asheville from Charlotte. I was Very impressed with their timing And concern For my well being! So far so good! 👍” — Amanda J.
“I’ve had to use these people 2xs for two different accidents a year apart. My lawyer was great about getting back to me answered my questions when I had them and keeping informed and updated about my case. If you ever need to file an accident claim I definitely recommend them. I got my money 2 days shy of it being a year sense my accident.” — Kathryn M.
Drunk Driving Accident Laws in North Carolina, South Carolina, and Virginia
Each state has specific laws and penalties for driving under the influence. Understanding these differences can help you know your rights and responsibilities if you are involved in a drunk driving accident.
North Carolina
In North Carolina, it is illegal to drive while noticeably impaired or with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the legal limit is 0.04%, requiring greater caution when operating a vehicle.
South Carolina
In South Carolina, it is illegal to drive a motor vehicle while under the influence of alcohol to the extent that it impairs a driver’s faculties. A driver with three DUI offenses within five years will have their license suspended for four years.
Virginia
In Virginia, it is illegal to operate a motor vehicle with a BAC over 0.08%. DUI offenses carry six demerit points on your driving record for two years, but the conviction itself remains on your record for 11 years. These penalties highlight the serious and lasting consequences of driving under the influence.
Common Injuries Caused by Drunk Driving Accidents
Drunk driving accidents often result in serious injuries that can disrupt a victim’s life and require extensive medical care. These injuries may include:
- Cuts, scratches, and bruises
- Strains and sprains
- Simple and compound fractures
- Internal injuries
- Burns
- Head, neck, and shoulder injuries
- Traumatic brain injuries
- Back and spinal cord injuries
- Emotional trauma
More severe accidents can lead to catastrophic injuries with long-term or permanent effects.
What Should I Do After an Accident With a Drunk Driver?
Being involved in a car crash with a drunk driver can be frightening and overwhelming. Taking the right steps immediately after the crash can help protect your health, strengthen your claim, and preserve critical evidence for your case. If you are able to move without causing further injury, we recommend you to do the following:
- Call first responders
- Check on the other driver if it is safe to do so
- Take photos of the accident scene
- Gather contact information from any witnesses
- Obtain the other driver’s contact, license, and insurance details
- Allow first responders to evaluate you at the scene
- Seek additional medical attention as soon as possible
- Contact a personal injury lawyer for guidance
It is important to get medical care immediately and to speak with an attorney quickly to help document evidence and protect your rights.
Delayed Injury Symptoms After a Drunk Driving Crash
Some injuries may not appear immediately and can develop hours or even days after the accident. If you start experiencing pain or other symptoms later, seek medical attention right away. Prompt medical care helps document your injuries and supports your claim for damages, including medical expenses, lost wages, and emotional distress.
It is also important to consult a personal injury lawyer who can guide you through the legal process and help you pursue the compensation you need.
Who Can Be Held Liable in a Drunk Driving Accident?
In addition to the drunk driver, other individuals or businesses may be held responsible for your injuries after a drunk driving accident. These can include:
- A social host who provided alcohol to an already intoxicated guest.
- The owner of the vehicle if they allowed someone else to drive it while impaired.
- An employer if the drunk driver was acting within the scope of their job at the time of the crash.
Identifying all potentially liable parties can help strengthen your claim and improve your chances of recovering full compensation.
Dram Shop Laws
Dram shop liability laws vary by state. In some states, a commercial establishment can be held responsible if it serves alcohol to someone who is visibly intoxicated and that person later causes an accident. For example:
- South Carolina allows lawsuits against bars and restaurants that serve visibly intoxicated patrons who then cause injuries. – S.C. Code Ann. §§ 61-4-580 and 61-6-2220.
- North Carolina limits such claims to cases where alcohol was sold to someone under 21 – N.C. Gen. Stat. § 18B-121
- Virginia does not recognize dram shop liability for these situations.
These laws are complex and state-specific. A personal injury attorney can help you determine whether dram shop liability may apply in your case.
What Damages Can I Recover in a Drunk Driving Accident Lawsuit?
You may be able to recover two main types of damages in a drunk driving accident lawsuit: compensatory damages and punitive damages.
Compensatory damages are divided into economic and non-economic categories.
- Economic damages include medical expenses, lost wages, loss of future earning capacity, property damage, and burial-related expenses in wrongful death cases.
- Non-economic damages cover losses that do not have a direct monetary value, such as pain and suffering, inconvenience, loss of quality of life, and loss of companionship.
If the at-fault driver’s actions were grossly negligent or reckless, you may also seek punitive damages. These are intended to punish the driver for dangerous behavior and discourage similar conduct in the future.
Punitive Damages in Virginia Drunk Driving Cases
Punitive damages are additional compensation awarded in civil court to punish a drunk driver for reckless or grossly negligent behavior. In Virginia, these damages may be awarded when the driver’s blood alcohol concentration was 0.15% or higher, or if the driver unreasonably refused a breath test. State law caps punitive damages at $350,000. These damages are meant to deter similar conduct in the future and hold offenders fully accountable.
Can I Still Get Compensation If the Drunk Driver Can’t Pay?
A lack of personal assets does not prevent you from pursuing compensation. If the drunk driver cannot pay for your damages, you may still have options. You can file a claim through your uninsured or underinsured motorist coverage, personal umbrella policies, or available victim compensation funds. Your legal representation can help you navigate these options and file the necessary claims to seek the compensation you need.
What if the Drunk Driver Flees the Scene?
If a drunk or intoxicated driver causes an accident and leaves the scene, you may still be able to recover compensation through your uninsured motorist coverage. An attorney at Marcari, Russotto, Spencer & Balaban can help investigate the crash, work to identify the driver, and pursue all available insurance options to support your claim.
Can I Still Sue if the Drunk Driver Refused to Take a Breathalyzer Test?
Yes. A driver’s refusal to take a breathalyzer test does not stop you from filing a lawsuit. Police often collect other evidence, such as field sobriety test results, video footage, and witness statements. Officers may also testify about the driver’s behavior and level of impairment. In some cases, refusing a breath test can even support a presumption of intoxication in civil court.
Filing a Claim When a Drunk Driving Accident Involves Multiple Vehicles
Drunk driving accidents can quickly become complicated when multiple vehicles are involved. While the intoxicated person is often the primary party at fault, others, such as those who provided alcohol or other drivers involved in the crash, may also share responsibility in your drunk driving accident claim.
Investigators and attorneys use accident reconstruction to clarify how the collision happened and to determine fault. This process can involve analyzing vehicle damage, skid marks, and road conditions, as well as reviewing toxicology reports, surveillance footage, witness statements, and police reports.
Attorneys can help identify all liable parties and manage negotiations with multiple insurance companies to pursue fair compensation for your injuries and losses.
Statute of Limitations for Car Accidents
Each state has specific time limits for filing a personal injury claim after a drunk driving accident. Acting quickly is important to preserve evidence, which can be lost over time due to weather, vehicle repairs, or other factors.
The statute of limitations generally refers to the deadline for filing a lawsuit. Many insurance policies require prompt notice of a claim, often within 30 days, so it is important to notify your insurer as soon as possible to avoid coverage issues. Contacting an attorney as soon as possible after a drunk driving crash, including those resulting in fatalities, can help protect your rights and strengthen your case.
North Carolina
In most cases, North Carolina’s statute of limitations for personal injury claims is three years from the date of the accident or the date you became aware of your injuries. Wrongful death claims generally have a two-year limit.
South Carolina
In South Carolina, the statute of limitations for most accident injury claims is three years. Claims involving government entities may have stricter deadlines and additional notice requirements. An attorney can guide you through this process if a government entity was involved.
Virginia
In Virginia, accident victims typically have two years to file a lawsuit under the statute of limitations.
How Long Does It Take to Settle a DUI Accident Claim?
Every drunk driving accident claim is unique, and the time it takes to reach a settlement can vary widely. Several factors may affect how long the process takes, including:
- The severity of your injuries
- Identifying all parties responsible for your injuries
- Clarifying who was at fault
- Cooperation from the insurance companies involved
- Whether it becomes necessary to file a lawsuit
Insurance claims can take anywhere from a few months to a couple of years. If a personal injury lawsuit is required because an insurance company refuses to offer a fair settlement, your case may take two or more years to resolve.
Hurt by a Drunk Driver? Schedule a Free Case Review With Our Drunk Driving Accident Attorneys.
If you or a loved one has been injured in a drunk driving accident in North Carolina, South Carolina, or Virginia, the experienced attorneys at Marcari, Russotto, Spencer & Balaban are here to help you every step of the way. Our legal team is committed to providing knowledgeable guidance and strong advocacy to help you recover the compensation you need.
Call us at 855-435-7247 or contact us online to schedule your free consultation.
We work on a contingency fee basis, so you do not pay legal fees unless we recover compensation for you.
Frequently Asked Questions
In North Carolina, it’s illegal for any human being to drive a vehicle while noticeably impaired by or with an alcohol concentration of 0.08 or higher. If you’re a commercial motor vehicle driver, a limit of 0.04 is too much to drive, and you should stay off the road.
In South Carolina, it is illegal for any human being to drive a motor vehicle while under the influence of alcohol to such an extent that they’ve compromised their faculties. If any driver commits three offenses within a five-year period, their driver’s license is suspended for the next four years.
In Virginia, it’s illegal to operate a motor vehicle with a blood-alcohol concentration that is higher than 0.08. Also, any points on your record that are obtained through drunk driving will remain on your record for two years. A DUI currently ranks at six (6) points in the State of Virginia.
Written By Donald Marcari
Don is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He gained national attention when his exploits as a defense attorney with the U.S. Navy JAG Corps became the basis for “A Few Good Men.”
