Auto DraftDrunk Driving Accidents in Goldsboro: 10 Frequently Asked Questions

A drunk driving and impaired driving accidents are traffic collisions caused by someone operating a vehicle while impaired by alcohol or another substance, including both illegal drugs and lawfully prescribed medications. In North Carolina, the legal limit for most drivers is 0.08 blood alcohol concentration (BAC). For commercial drivers, the limit is 0.04, and any driver under 21 can face consequences for any measurable alcohol. Law enforcement officers assess these cases through tests like breathalyzers, field sobriety checks, and direct observations at the scene.

If the investigation shows that a driver’s impairment caused a crash, that evidence may support a personal injury claim. These accidents don’t just involve cars; they can also include trucks, motorcycles, or other vehicles where a driver made the choice to drive after drinking.

Alcohol reduces reaction times and clouds a driver’s judgment. Impaired drivers often drift across lanes, weave in and out of traffic, travel at dangerous, high rates of speed, disregard traffic lights, fail to slow down in time, and generally operate their vehicle in a reckless manner. On roads near Pikevilleand stretches of Highway 70, terribly poor judgment can lead to significant wrecks that harm not only the drunk driver but everyone else unfortunate enough to be on the same roadway.

When these completely avoidable wrecks occur, innocent victims regularly face serious injuries like broken bones, concussions, or back and neck problems. People injured in accidents can also experience long-term trauma, stress and pain related to hospital visits and protracted therapy sessions. Bills can also pile up, given it’s not unusual for bad wrecks to keep people laid up and unable to work. In the end, a single night of excessive drinking bad decisions can leave others coping with the fallout for years to come. 

North Carolina allows the defense of contributory negligence, which is a legal concept stating that if you share any portion of blame for your injuries—even a small fraction—you may be barred from receiving compensation. This rule unfortunately affects all sorts of injury cases, including those involving impaired drivers and their victims.

For example, if a jury decides you failed to use a turn signal, and that contributed to the collision, you might not collect damages, even if the other driver was well above the legal limit. Insurance carriers understand contributory negligence and sometimes use it to question the actions of the person who was hurt, instead of doing the right thing and accepting appropriate legal liability. Because of this, it can help to seek legal advice and gather evidence that shows the drunk driver’s actions were entirely responsible for you injuries and damages.

The last clear chance principle can offer a possible path to recovery (despite allegations of contributory negligence) if the at-fault driver had a realistic opportunity to avoid the wreck but failed to change the outcome when given the opportunity. Even if you contributed to the lead-up to the crash, “last clear chance” might apply if the drunk driver had the ability to prevent impact and did not do so.

Proving this defense can hinge on eyewitness accounts, traffic camera footage, and the testimony of reconstruction experts. Obviously, each case and each fact pattern related to accidents are unique. Since an impaired driver’s attention is adversely affected, questions can arise about how clear their “chance” truly was. That’s one reason we think it’s helpful to discuss the specifics of your legal matter with lawyer substantial experience handling personal injury claims in Goldsboro and Wayne County. We can help explain contributory negligence, last clear chance, and whether either legal doctrine is applicable to your matter.

In North Carolina, a drunk driver may face Driving While Impaired (DWI) charges in the criminal justice system. The prosecutor’s role is to address the driver’s actions as they relate to the community’s safety. Consequences can include fines, license suspension, and possible jail time in appropriate circumstances.

A civil lawsuit, on the other hand, focuses on your damages and financial losses. Medical bills, pain and suffering, repair costs, and lost wages fall under civil claims. Even if the driver admits guilt in criminal court, that doesn’t automatically bring financial recovery to anyone harmed by the drunk driver. Filing a separate civil claim (and possibly a lawsuit for negligence) may be necessary to pursue payment for accident-related expenses.

The first step is to call 911, particularly if anyone needs emergency care. Police can document suspected impairment, which may influence legal actions later. If you can, gather information at the scene, including contact details for witnesses and the other driver’s insurance information. Photos of the damage, traffic signs, and the overall setting can help prove the cause of the wreck and establish legal liability.

Even if you think you’re OK after an accident, it’s generally advisable to get a prompt medical checkup to assess possible injuries. Sometimes people think they’re fine at first, only to discover complications later. Keep copies of hospital bills, prescriptions, and any therapy records. These documents can help show the full nature and scope of your losses and damages. We think it’s a good idea to speak with an attorney before giving statements to the drunk driver’s insurance company, since contributory negligence can come into play.

Damages in drunk driving cases can include payment for hospital treatment, rehabilitation, lost wages, and the physical or emotional toll on your life. When a driver’s impaired choices lead to extensive harm, you may also seek damages for pain and suffering.

In some circumstances, North Carolina law allows for punitive damages for drunk driving when the defendant’s driving goes beyond mere negligence and is the proximate cause of the accident. The obviously blatant disregard for the rights and safety of others can support a claim for these punitive damages in certain circumstances. However, punitive damages are not guaranteed, and each situation must be evaluated on the specifics.

Yes, it can.  A lot of people in Eastern North Carolina carry uninsured (UM) or underinsured (UIM) motorist coverage on their auto policies. This coverage can help you if the drunk driver did not have insurance or the amount of insurance isn’t enough cover your bills. UM or UIM claims can be complicated and therefore deserve the attention of an experienced accident lawyer in Goldsboro.

The statute of limitations for personal injury cases in North Carolina is generally three years from the date of the collision. If a wrongful death occurs, the window is usually two years from the date of the decedent’s death. Once the deadline ends, you could lose the chance to bring a claim in court if a lawsuit has not been properly filed.

The statute of limitations time limits can pass faster than you think, especially if you’re focused on healing and finding ways to pay bills. Evidence can vanish, and witnesses may move. Getting started with the legal side early can help preserve key facts that might otherwise slip away.

You aren’t required to hire a lawyer, but it often helps. North Carolina’s contributory negligence rule is one reason people choose to get legal advice. Insurance adjusters actively look for reasons to claim the victim contributed to the wreck in order to deny or reduce compensation. Personal injury lawyers gather and organize evidence, handle discussions with insurers, keep track of timelines, and advocate for the best interests of clients.

Working with our team at Baddour, Parker, Hine & Hale can also reduce stress. The aftermath of a collision might involve medical appointments, car repairs, and months of lost income. When you have a legal team taking care of paperwork and negotiations, you’re free to focus on your health and family’s needs. We’re here to help!