888-843-8326 If you are injured by a drunk driver during Oktoberfest, get medical care, report the crash, gather information if you can, and speak with lawyers about who may be responsible for your injuries.
Oktoberfest brings people together for German food, music, and drinks. But when someone leaves a celebration and drives drunk, others in Wilmington can pay the price. The drunk driver is often the one responsible, but an alcohol seller or another party may share responsibility.
CR Legal Team will investigate where the driver got alcohol, what happened before the crash, and what insurance may be available. After a crash, you may be facing medical bills and an insurance company that is investigating what happened. Our car accident lawyers serving Wilmington will handle the insurance company while you focus on your recovery.
Take These Steps After an Oktoberfest Drunk Driving Accident
Your health comes first, but the steps you take after a crash may also help protect your injury claim. Call 911 and get medical care for your injuries. If you can do so safely, take pictures of the vehicle, road, skid marks, and surrounding area.
Get the names and contact information of witnesses. Tell the responding officer what you saw, but do not guess about details you do not know. If you noticed signs that the other driver had been drinking, such as the smell of alcohol or open containers, tell the officer.
You can also speak with our Team about your next steps for seeking damages. North Carolina law makes it illegal to drive while under the influence of an impairing substance. For most drivers, the legal alcohol limit is 0.08%. For someone driving a commercial motor vehicle, the limit is 0.04%.
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Call 888-843-8326The Drunk Driver May Be Responsible for Your Injuries
In most drunk driving injury cases, the impaired driver is the first party CR Legal Team will examine when determining who caused the crash. Drivers have a duty to operate their vehicles with reasonable care. Choosing to drive while impaired can put passengers, pedestrians, cyclists, and people in other vehicles at risk.
Evidence of impairment may include the police report, witness statements, body camera footage, surveillance or security footage, breath or blood test results, receipts, and information about where the driver was drinking.
A criminal DWI (driving while impaired) case and your personal injury claim are separate matters. You do not have to wait for a criminal conviction before speaking with lawyers about your civil claim.
An Alcohol Seller Could Also Be Responsible in Some Cases
A bar, brewery, restaurant, or another alcohol seller could share responsibility for a drunk driving accident in some situations. CR Legal Team can look at where the driver got alcohol and whether the business followed North Carolina law.
Under G.S. § 18B-305(a), a permit holder or employee may not knowingly sell or give alcohol to someone who is intoxicated. State courts have recognized that an alcohol seller may be held responsible for negligence in some situations.
As outlined in G.S. § 18B-121, an injured person may have a claim in certain cases when alcohol was negligently sold or provided to an underage person who later caused an impaired driving accident.
An Oktoberfest host, restaurant, or alcohol seller is not automatically responsible because a customer later causes a crash. Who served the driver, the driver’s condition at the time, and what the seller knew may all matter.
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Our personal injury lawyers are ready to help.
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Call 888-843-8326Other Parties May Share Responsibility for the Crash
The facts surrounding a crash that happens during Oktoberfest in Wilmington may point to responsibility beyond the driver and an alcohol seller. CR Legal Team will look into how the accident happened and whether another person or business contributed to it.
For example, the driver may have been using a vehicle owned by someone else or driving for work at the time. Depending on the circumstances, a vehicle owner or employer could bear some responsibility. A defective vehicle or unsafe road condition could also contribute to a crash.
An Oktoberfest organizer is not automatically responsible just because the drunk driver attended the event. The organizer’s role would depend on what happened and whether its actions contributed to the accident.
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Find out what your case is worth.
Contact CR Legal Team now and let us Stand Up for the recovery you deserve.
Call 888-843-8326Insurance Companies May Challenge a Drunk Driving Injury Claim
Even when alcohol appears to be involved in a crash, an insurance company may still investigate the accident closely before paying a claim. CR Legal Team will handle communications with the insurer and respond when it questions the extent of your injuries.
The insurer may review your medical treatment, prior injuries, statements about the crash, vehicle damage, and other evidence. The insurer may also ask you to provide a recorded statement.
The Insurer May Try to Place Some Blame on You
North Carolina’s contributory negligence rule can create another hurdle. If you are found partly responsible for causing the crash, you may be prevented from recovering damages. This gives an insurance company a reason to look for evidence that you contributed to the accident, even when the other driver was drunk.
Do not assume that proof the other driver was drunk will settle every part of the insurance claim. Evidence still matters when showing how the crash happened and how it harmed you. Our Team will gather evidence about how the collision happened and respond if the insurer tries to place responsibility on you.
You May Be Able to Recover Damages for the Harm the Drunk Driver Caused
Depending on your injuries and the facts of your case, damages may include medical expenses, future treatment costs, lost income, reduced ability to earn money, pain and suffering, and damage to your vehicle or other property.
Some injuries also require rehabilitation or ongoing care. Through our Whole-Person Legal Care™, CR Legal Team looks at how an injury has affected your daily life, including your health and finances.
North Carolina Gives You a Set Time to File a Lawsuit
For most North Carolina personal injury actions, parties generally have three years to file a personal injury lawsuit under G.S. § 1-52.
If someone dies from their injuries, G.S. § 1-53 generally gives the personal representative two years from the date of death to file a wrongful death lawsuit. Different deadlines can apply depending on the type of claim.
CR Legal Team will review the facts and determine how much time you have to take legal action.
Good News: CR Legal Team Can Help After a Drunk Driving Accident at Oktoberfest
A drunk driving accident during Oktoberfest can turn a day at a festive event into months of medical and financial hardships and questions about the future. At CR Legal Team, We Stand Up For You® when a drunk driver or another responsible party causes harm.
If you are recovering from injuries caused by a drunk driver that happened during Oktoberfest, we will explain how our personal injury lawyers serving Wilmington can help. Since opening over 35 years ago as Crumley Roberts, our Team has served over 200,000 people and brings over 600 years of combined experience to injury cases.
We have recovered billions of dollars for clients while building our work around three core values: Care Like Family, Listen To Learn, and Do What’s Right. Call us for a free consultation where you can tell us what happened and learn about the next steps to take after the crash.
