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One of the most sudden, tragic, and avoidable events that can affect you and your loved ones in Fayetteville is an accident involving a drunk driver. In 2023, North Carolina saw an increase of over 300 alcohol-related accidents from the previous year. Totaling 8,480 crashes, resulting in significant time, money, and life losses. Rear-end collisions, head-on crashes, and pedestrian injuries can all lead to severe fractures, spinal injuries, and emotional trauma. Inebriated drivers often don’t take the necessary actions such as braking, swerving, or signaling to minimize injuries during these accidents, leading to a reported 377 fatalities and 8,103 injuries from drunk driving incidents.
At Maginnis Howard, we know that navigating the aftermath of a life-changing auto accident is difficult and often nearly impossible without support. Our office in Fayetteville offers top-quality legal services to ensure you and your loved ones get the compensation and legal justice you deserve.
In Fayetteville, when a jury finds a driver guilty of driving under the influence (DUI), courts can award two types of damages: compensatory and punitive.
Compensatory damages are more common. Judges award these damages to victims to compensate them for their losses in the accident. These can include medical expenses, lost wages, pain and suffering, and other damages directly stemming from the drunk driving incident. The idea behind compensatory damages is to get the victim back to their position before the accident. Courts also sort compensatory damages into the following categories:
Meanwhile, punitive damages are additional damages awarded to punish the defendant for their actions and deter repeat behavior in the future. Punitive damages are typically only awarded alongside compensatory damages. They are rarely used because it can be challenging to meet the legal standard. That’s why hiring an experienced attorney to advocate for you is crucial. Fayetteville has no cap on punitive damages for drunk driving cases. This is because the state has exempted drunk driving cases from the general cap on punitive damages.
Not every drunk driving case is simple, and often, the drunk driver may not have sufficient funds or insurance coverage to provide compensation to cover compensatory damages. Furthermore, North Carolina, including Fayetteville, has a low insurance minimum that could leave you or your loved one without the funds to return to your life.
Maginnis Howard’s attorneys in Fayetteville are here to help. We recognize that each case can involve multiple responsible parties. According to North Carolina’s “dram shop” law, establishments serving alcohol are liable if they serve visibly intoxicated individuals likely to drive. For example, suppose an 18-year-old drunk driver hits you after leaving a local bar. In that case, our team will not only investigate the driver, but we will also investigate the bar for serving alcohol to a minor and enabling them to drive. Our attorneys are experienced in dram shop laws and will ensure you get the compensation you deserve after a drunk driving accident.
Our auto-accident attorneys in Fayetteville offer a free case evaluation for anyone in the Carolinas injured in a drunk driving accident. To ensure you get the best quality legal care, we handle all automobile accidents on a contingency fee basis. You won’t pay a dime in attorney’s fees unless our attorneys recover damages on your behalf.
If you or a loved one were injured in a drunk driving accident, contact the Fayetteville office today and get the legal support you deserve during this difficult time. We also serve clients across the Carolinas from our Charlotte and Raleigh offices.