What’s the Average Settlement for Getting Hit by a Drunk Driver in North Carolina?

If you or a loved one has been hit by a drunk driver in North Carolina, you’re likely wondering what kind of settlement you can expect from the drunk driver’s insurance company. While there’s no one-size-fits-all answer, understanding the factors that influence settlement amounts and examining real-life examples can give you a clearer picture of what to expect.

Real NC Drunk Driving Settlement Examples

To give you a sense of what’s possible, here are a couple of noteworthy drunk driving settlements from recent North Carolina cases:

1. $1.355 million for a fatal golf cart crash in Folly Beach: In April 2023, a bride was tragically killed, and her groom and two others were injured when a drunk driver slammed into their golf cart on their wedding night. The family sued several bars for overserving the driver, and a judge awarded a $1.355 million settlement.
2. $3 million for a mother whose daughter was killed in Fayetteville: A Cumberland County jury awarded $3 million to the mother of a 10-year-old girl who was killed by a drunk driver in 2018. Evidence showed the driver had consumed seven vodka Red Bulls in less than an hour at a local bar before running a red light and causing the fatal crash.

While these high-dollar settlements make headlines, it’s important to remember that every case is unique. Your settlement will depend on a variety of factors.

Key Factors That Affect Your Drunk Driving Settlement

So, what goes into determining the value of your drunk driving accident claim? Here are some of the most significant elements:

1. The severity of your injuries: The more severe and long-lasting your injuries, the higher your potential settlement. Catastrophic injuries like brain damage, paralysis, or disfigurement often lead to larger payouts.
2. Your medical expenses: Your settlement should cover all accident-related medical costs, including hospital bills, surgeries, prescriptions, and ongoing therapy or rehabilitation.
3. Lost wages and future earning potential: If your injuries keep you out of work or limit your ability to earn a living in the future, your settlement should account for those lost wages and diminished earning capacity.
4. Pain and suffering: The physical pain and emotional distress caused by a drunk driving accident can be immense. While harder to quantify, these “non-economic” damages can significantly increase your settlement.
5. Punitive damages: In cases where the drunk driver’s behavior was particularly egregious or reckless, a jury might award punitive damages to punish the defendant and deter future misconduct.
6. Shared fault: North Carolina follows a strict contributory negligence rule, which means if you’re found even 1% at fault for the accident, you can’t recover any damages. Insurance companies will look for any opportunity to pin some blame on you to avoid paying out.
7. Available insurance coverage: Your settlement is typically limited by the drunk driver’s auto insurance policy limits. If your damages exceed those limits, you might need to explore additional options like suing the driver directly or filing claims against third parties (like the bar that overserved them).

At McMinn, Logan & Gray, PLLC, we understand the nuances of North Carolina law and have a proven track record of fighting for the rights of drunk driving accident victims. By working with our skilled legal team, you can rest assured that your case is in capable hands, giving you the peace of mind to focus on healing while we handle the legal heavy lifting.

Wrongful Death Claims in NC Drunk Driving Cases

Tragically, drunk driving accidents can result in fatalities. If you’ve lost a loved one due to a drunk driver’s actions, you may be able to file a wrongful death claim.

In North Carolina, the personal representative of the deceased person’s estate (often a close family member) can bring a wrongful death suit to seek damages such as:

• Funeral and burial expenses
• Medical bills incurred before death
• Lost income and benefits the deceased would have earned
• Pain and suffering of the deceased before death
• Loss of companionship, guidance, and support for the surviving family

No amount of money can replace a lost life, but a wrongful death settlement can provide a measure of justice and financial security for grieving families.

Who Can Be Held Liable in a North Carolina Drunk Driving Accident?

When pursuing a settlement after a drunk driving crash in North Carolina, it’s crucial to identify all potentially liable parties. In addition to the drunk driver, other individuals or entities may share responsibility, like:

• Bars, restaurants, or social hosts who overserved the driver Under North Carolina’s dram shop laws, establishments that serve alcohol to visibly intoxicated individuals can be held liable if that person goes on to cause an accident. Social hosts who provide alcohol to underage drinkers may also face liability.
• Employers of drunk drivers If the drunk driver was on the job at the time of the crash, their employer might be vicariously liable, especially if they knew or should have known about the employee’s drunk driving history.

Identifying all liable parties is essential for maximizing your potential settlement, as you can file claims against each entity’s insurance policy.

Maximizing Your NC Drunk Driving Accident Settlement

To give yourself the best shot at a fair settlement after a drunk driving crash in North Carolina, make sure you:

• Seek immediate medical attention and follow all treatment recommendations
• Gather evidence at the scene if possible (photos, witness contact info, etc.)
• Avoid giving recorded statements to insurance adjusters
• Watch what you post on social media (insurers will be looking for anything to use against you)
• Consult with an experienced NC drunk driving accident attorney

Filing claims and handling negotiations with insurance companies is often overwhelming in the aftermath of a serious crash. However, having a skilled legal advocate in your corner can alleviate that stress and ensure you don’t get lowballed or unfairly denied the compensation you deserve.

At McMinn, Logan & Gray PLLC, our seasoned drunk driving accident attorneys are here to help you navigate this challenging time and fight for the settlement you deserve. Schedule your free consultation today to learn how we can put our expertise to work for you.

While no amount of money can undo the devastation caused by a drunk driver, securing a just settlement can provide crucial financial relief and a sense of accountability. By understanding the factors at play and having the right legal representation, you can fight for the maximum recovery possible in your North Carolina drunk driving accident case.