Drunk Driving. Dangerous Decision Allows For Punitive Damages Demand.

While we all are aware of the clear and terrible consequences of drunk driving are, there are also hidden consequences for those who decide to drink and drive and cause an accident with injuries. If you have been in an accident where the at-fault driver is suspected of driving while impaired, this could have special implications when negotiating the value of the bodily injuries; pain and suffering incurred as a result of the decision they made to get behind the wheel after drinking or ingesting ANY mind altering substances.  

In North Carolina, a person is legally intoxicated if they blow .08 on a roadside test administered by a law enforcement officer and convicted in a criminal case.   Insurance companies who have insured someone who has had an accident while impaired should also take into consideration the “punitive” issue of DWI.   Just as the word implies, a judge will likely “punish” the drunk driver in addition to awarding the injured party the damages incurred should the case go to court.  This feature of the case will push the value of your bodily injury case to take into consideration the punishment that a judge would issue in an effort to deter this type of illegal dangerous behavior in the future by the drunk driver.

If punitive damages are approved for your case, they could yield big money for you and your family depending on the the injuries and impairment level of the drunk driver. The drunk driving individual’s insurance company will then be responsible for making you whole for your injuries and pain and suffering PLUS punitive value which can often range from the thousands to the tens of thousands of dollars.

At Campbell and Associates, we understand the law and will go to the edge the law permits to help our clients. It’s good to have an experienced personal injury attorney on your side, particularly when dealing someone who has injured you or your family while drunk driving. Call us today at 704-333-0885, with convenient office locations in Charlotte, Gastonia, Hickory and Rock Hill, SC we’re just a phone call or short drive away.

Written by: Debra Roth, Pre-Litigation Negotiator, Campbell & Associates, Attorneys at Law