Amidst the twinkling lights and joyful gatherings, however, lies a serious issue that demands our attention—drunk driving. 

At our personal injury law firm in Goldsboro NC, we have witnessed the devastating impact that drunk driving can have, not just on individuals but on entire communities. 

We feel compelled to discuss impaired driving accidents, especially when holiday cheer can lead to choices with grave consequences – Phil Baddour, Drunk Driving Accident Lawyer

The holiday season, with its myriad of parties and gatherings, often sees an uptick in drunk driving wrecks and fatalities. 

One hidden danger lies in the deceptively potent holiday mixed drinks, often served at festive events. 

Their strength can be underestimated, leading to unintended overconsumption. 

Recognizing this, it’s vital to stress the importance of appointing a designated driver before the clinking of glasses even begins. 

This decision isn’t just a mark of smart planning; it’s an act of consideration for the safety and well-being of others.

Moreover, the relaxed atmosphere of family and office parties can blur our judgment of alcohol consumption. 

It’s easy to lose track of how much one has had to drink in social and family gatherings, leading to a misjudgment that can have severe repercussions. 

Another point to underscore is that drunk driving isn’t always confined to the late hours; it can happen at any time, disrupting the holiday spirit with its harsh reality.

As we delve into these topics, our goal isn’t just to inform but to encourage mindfulness and responsibility. 

Drunk driving is more than a legal issue; it’s a community concern that touches lives in sometimes tragic, irreversible ways. 

This holiday season, let’s celebrate with care and awareness, making it a time of joy and safety for everyone.

The Surprise Punch of Egg Nog and Mulled Wine  

The holiday season brings with it an array of festive traditions and among them, the indulgence in holiday mixed drinks like egg nog, a classic favorite. 

While egg nog’s creamy texture and sweet taste make it a delightful treat, it’s important to be aware of its often underestimated potency. 

Some are caught off guard by the strength of seasonal beverages, as the rich flavors can mask the high alcohol content. 

This hidden potency is particularly concerning because it can lead to quicker impairment than one might expect, altering judgment and reflexes. 

When enjoying festive drinks, it’s a good idea to pay attention to not only the quantity but also the pace at which you’re consuming them. 

The effects of certain drinks can sneak up on you, especially when it’s hard to taste the alcohol – Phil Baddour, Drunk Driving Accident Lawyer 

To ensure a safe and joyous holiday experience, it’s helpful to alternate your alcoholic beverages with water or non-alcoholic options. 

Regularly eating food, thereby avoiding an empty stomach, is also smart.  

Being mindful of your intake can help maintain a balance, allowing you to savor the festive spirit without the risk of overindulgence. 

Ultimately, understanding the hidden strength of holiday libations like egg nog can be  key to enjoying your celebrations responsibly and safely.

Why a Designated Driver is SO IMPORTANT 

The significance of appointing a designated driver before the first toast is raised cannot be overstated. 

This act of foresight is a testament to smart planning, embodying a deep consideration for the safety of others. 

It’s a commitment that goes beyond mere convenience, serving as a crucial barrier against the dangers of drunk driving. 

The decision to select a designated driver early in the evening is a clear acknowledgment that there is absolutely no excuse for drunk driving. 

Such simple planning, often overlooked in the spontaneity of festivities, is a powerful tool in saving lives and preventing tragedies.

Waiting until the last minute to choose a designated driver, or assuming that someone else will take on the responsibility, is a risky approach that can lead to disastrous consequences. 

Once alcohol has been consumed, even the best intentions can become clouded by impaired judgment. 

It’s vital to remember that someone volunteering to be the designated driver after already consuming alcohol is not making a decision with a clear mind. 

As such, establishing a designated driver ahead of time not only ensures that everyone gets home safely but also allows everyone to relax and enjoy the festivities, knowing that the safety aspect has already been responsibly addressed. 

This simple act of planning and volunteering is a gift of safety and peace of mind to everyone involved.

Is Drunk Driving GROSS NEGLIGENCE?

Gross negligence in North Carolina is a legal concept that goes beyond ordinary negligence, representing a blatant disregard or conscious neglect for the safety of others. 

In the context of a personal injury claim involving drunk driving, this concept becomes particularly significant. 

Normally, negligence in a personal injury case is established by showing that a party failed to exercise reasonable care, resulting in harm to another. 

However, allegations of gross negligence sometimes include accident claims where the driving is so reckless that it displays a total disregard for the safety and well-being of others. 

In a drunk driving case, if a driver is found to have been grossly negligent, perhaps when driving while intoxicated, it could lead to more severe consequences and penalties. 

The implications of being found grossly negligent can be substantial, given the possibly of punitive damages.

Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. 

This is particularly pertinent in North Carolina, where the law takes a stringent stance drunk driving. 

In essence, gross negligence in the context of drunk driving in North Carolina underscores a serious violation of societal norms and legal standards, thereby potentially escalating the legal and financial ramifications for the offending party.

Helpful Information About Accident Cases 

Answers to Frequently Asked Questions about Motorcycle Accidents

Why hiring a lawyer makes sense

Wrongful Death claims in North Carolina

What’s a Full and Fair Settlement Amount?

The North Carolina Statute of Limitations Law

The Nature of the Injury

First off, the rotator cuff is a group of muscles and tendons that wraps around the three main bones in the shoulder: the humerus, clavicle and scapula. It can tear when the rotational forces resulting from a high-impact car accident go through the arm and shoulder, especially when drivers tense up their arm on the steering wheel.

Besides car accidents, shoulder impingement syndrome can happen to pedestrians, cyclists and workers who fall to the ground and put up their arms to brace their fall. Asymptomatic shoulder impingement syndrome is possible in the elderly due to degeneration in their bones. In any event, the rotator cuff rubs against the acromion and causes inflammation.

The Range of Medical Treatments

Doctors may start off by giving victims anti-inflammatory drugs or applying ice or heat to the affected shoulder. Since victims may experience a weakening in muscle strength as a result of the injury, doctors may recommend physical therapy on a regular basis. Getting therapeutic massage or going to a chiropractor may also be a part of the recovery process. Patients may do some stretches of their own to increase their range of motion.

If these don’t suffice for pain relief, doctors may administer cortisone shots to the shoulder or even discuss the benefits of surgery with patients. Acromioplasty, whereby parts of the acromion are shaved off, is one possibility.

Seeking a Settlement on Your Behalf

No victims of car accidents can succeed in a personal injury lawsuit in this state unless the other side is determined to be 100% at fault. To see if your case holds up under this, you may have a lawyer perform an evaluation. If a decision is made to proceed, the lawyer can handle settlement negotiations.

Staying Calm and Assessing the Situation

Parties in a crash should, to the best of their ability, stay calm. They should then assess any injuries incurred and call for an ambulance if anyone is in pain or cannot move. It’s important to call the police, even in relatively minor accidents, because the police can write up a report to be sent to the insurance company.

The parties should assess the damage, taking photographs of the vehicles and placing them all in a secure place. A smartphone can record the date and time of photos automatically. The drivers can also exchange the pertinent insurance information.

Filing a Claim With the Insurance Company

What can come after this is the filing of claims. In the event that conflicting statements arise, individuals may let the police handle their claim. Once the insurance is paid out, drivers may notice a rise in their insurance premium, but this is usually to be expected unless this was the first accident they ever had.

How a Lawyer May Assist With a Claim

Third-party insurance claims arising from motor vehicle accidents can be complicated. You may not even be eligible for compensation since North Carolina follows the strict rule of pure contributory negligence. You may want a lawyer to evaluate your case. If it holds up, the lawyer may gather evidence against the defendant, possibly with the help of crash investigators, and take on all negotiations for an out-of-court settlement.

By alerting drivers to an impending crash, ADAS can reduce property damage claims by 19% and bodily injury claims by 27%, according to LexisNexis Risk Solutions. The features, which range from forward and rear collision warning to blind-spot and pedestrian detection, can alert drivers both when they are traveling and when they are backing up from a parking lot.

If drivers are not quick enough in their reaction, then the automatic emergency braking kicks in and applies the brakes for them. Besides this, ADAS can adjust a vehicle’s speed based on traffic thanks to adaptive cruise control, and it can prevent lane drifting via lane departure warning. Traffic-sign recognition lets drivers know about reduced speed limits, pedestrian crossings and more.

There can be times, though, when ADAS can make wrong judgments. It may think, for instance, that a vehicle in the next lane on an on-ramp is coming toward it. Another thing is that simply having ADAS means nothing if drivers do not turn it on. On the other hand, many who turn it on become over-reliant on it and more easily distract themselves as a consequence. Lastly, high installation costs turn many vehicle owners away.

Whether the other driver was distracted or negligent in some other way, crash victims may have good grounds for a personal injury case; it all depends on what an attorney might say. If victims retain legal representation, they may find the process of filing a claim and negotiating a settlement to go more smoothly. Personal injury lawyers tend to have a network of crash investigators and other third parties who may help gather evidence of negligence, such as the police report or phone records.

Distraction and driver-assist tech

The problem, as many regulatory bodies, including Congress, have pointed out, is that drivers rely on driver-assist systems to the point where they become complacent. They start to think that their car is self-driving when the reality is that driver-assist tech only provides Level Two automation. This is the most that any vehicle today can provide. Level Five automation, or full automation, lies far in the future.

Driver-assist features, which range from lane-keeping assist to adaptive cruise control, still require drivers to have control of the steering wheel in order to operate. But this is not enough to prevent distracted driving.

IIHS on how to improve driver-assist tech

In a recent report, the Insurance Institute for Highway Safety listed three ways that driver-assist technology could better engage drivers both physically and mentally. The first suggestion was to have more ways of detecting driver distraction. The safety non-profit especially recommends driver-facing cameras.

The second way is to have sensors in the steering wheel that can measure drivers’ reaction times. This is crucial in determining if a driver is attentive or not. Lastly, the features should set off an alarm when it’s clear that a driver is distracted. Ultimately, though, the IIHS is concerned that driver-assist tech was not a good idea in the first place.

A lawyer to help you get through tough times

You’re probably wondering now if you have good grounds for a claim after suffering a motor vehicle accident or MVA injury. Wayne County residents should know that this state follows the rule of contributory negligence, which means that plaintiffs who contribute so much as 1% to a crash cannot recover damages. It may be wise to have a lawyer evaluate their case and help them during this trying time.

Then, when you’re turning left with the light, another driver runs the red. It happens so fast. There’s no way you can avoid the crash. You have a split second to realize what’s happening and then it’s nothing but chaos as the cars collide and spin. Everything goes dark and when you wake up, you’re in the hospital.

The whole accident got caught on camera. You know you did nothing wrong. You want to seek compensation, and you’re wondering exactly what damages you can target. Below are four potential options.

1. Pain and suffering.

Your injuries don’t just cost money. They also cost you in pain and suffering you’re now forced to endure. Perhaps you have a spinal injury. You’re looking at months of recovery and physical therapy, if not years. You may have back pain for the rest of your life. You don’t deserve that.

2. Medical bills.

That said, your injuries are costly. The ambulance ride, the emergency room visit, the lasting care in the hospital. None of it is cheap. Bills rack up with surprising speed. You may owe more in medical bills after a few days than you’ve owed for anything your entire life. You deserve the best care, and you shouldn’t front that bill yourself.

3. Loss of companionship.

Perhaps your spouse was in the car with you at the time of the crash. While you survived, he or she was tragically killed. Financial compensation can’t make up for that loss of companionship in the same way, but you may deserve something for your loss. It changes your life. You can’t ever get that back. It’s like an injury that never heals.

4. Lost wages.

Lost wages can take two forms. First off, you’re likely going to miss out on some hours while you’re in the hospital. Even a few days out of work can wreck your budget. Weeks or months out of work can make paying the bills impossible. You may also want to consider lost future wages. Are your injuries such that you can never work again? Now you could be looking at an incredible projected loss. If you made $100,000 per year before, every year that you don’t work is another $100,000 out of your pocket.

The specifics of every accident are different, but these are four critical areas to consider. Someone else’s negligence can change your life in a heartbeat. It’s not your fault, but you can’t always avoid it. Make sure you know exactly where you stand and what options you have.

What are cargo securement rules? The Federal Motor Carrier Safety Administration (FMCSA) has various regulations in place that are designed to help better ensure the safety of the nation’s roadways. One niche area of regulations involves how cargo is secured within commercial trucks.

Essentially, these rules are designed to reduce the risk of cargo shifting within the vehicle while it is transported. Shifting cargo can increase the risk of a driver losing control of his or her vehicle.

What are some examples of rules that ensure cargo does not shift while it is transported? The FMCSA requires that all cargo securement devices be in working order. This means the equipment cannot have ”damaged or weakened components that could adversely affect their performance.”

Examples of securement devices include wire robe, synthetic webbing and chains. Essentially, the rules require that all cargo is “firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage (loose materials used ot support and protect cargo) or dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle), shoring bars, tiedowns or a combination of these.” The exact requirements will vary depending on the cargo in question.

What if trucks violate this requirement? The regulation appears to provide a number of options for trucking companies to meet this goal. Unfortunately, violations are not uncommon. The CVSA notes that common examples of violations include a failure to take precautions to prevent a shifting or loss of load, failure to secure equipment in the truck and use of damaged tie-downs with an unacceptable level of wear.

What if a securement violation results in a truck accident? If a violation results in an accident that injures another, the victim can likely seek compensation to cover the costs connected with the accident through a personal injury suit. These types of accidents can involve multiple parties. For example, both the truck driver and the trucking company could be liable for the accident.

This is just one of many considerations to take into account when putting together a claim for a truck accident. As such, it is wise to seek the counsel of an experienced trucking accident injury attorney to advocate for your interests. Your lawyer will review the details of your accident, better ensuring a successful claim.

Unfortunately, this is not always the case.

The most recent data from the Insurance Information Institute shows that 9.1 percent of motorists in North Carolina are driving without any insurance coverage at all. That means the bills related to the accident could be your responsibility. The thousands of dollars to replace your bumper and align your tires plus the cost of any medical bills to check out the whiplash from the relatively minor car accident could all fall on you.

Doesn’t North Carolina state law require drivers to have insurance?

The short answer is yes, state law requires drivers to have insurance. More specifically, North Carolina state law requires drivers have $30,000 for bodily injury coverage, $60,000 for total bodily injury for all persons in an accident, $25,000 for property damage liability as well as uninsured motorist coverage.

Unfortunately, not every driver abides by this law.

What’s a driver to do?

Fortunately, there are proactive steps drivers can take to protect themselves from financial ruin in the event of an accident with another driver who does not have proper coverage. One involves use of uninsured and underinsured motorist coverage.

It is helpful to have a basic understanding of this form of coverage. Two of the more common things to be aware of involving uninsured and underinsured coverage in North Carolina include:

• Uninsured and underinsured drivers in North Carolina are not uncommon
• State law requires only minimal coverage

Having a basic understanding of these two points can help drivers in the state better prepare themselves in the event of an auto accident.

Uninsured and underinsured drivers are not uncommon

Unfortunately, as noted above not only are these drivers common – the number appears to be growing.

The rate of uninsured motorists reportedly increased significantly in recent years. A publication by the Insurance Journal discusses this issue. The piece points out that there was a huge increase in the amount victims had to pay to cover the costs associated with an accident involving an uninsured or underinsured driver. In 2012, $2.6 billion dollars was paid to cover these claims; this translates to a 75 percent increase over the rates studied from 2003 to 2012.

Uninsured/underinsured motorist coverage and North Carolina state law

The costs associated with an accident, such as damage to your vehicle and medical bills if injured, can quickly surpass the minimum coverage requirements noted above. Drivers can supplement their insurance policies with underinsured policies.

Uninsured Motorist Coverage is defined by North Carolina’s Department of Insurance as coverage that ”will provide protection when an uninsured driver, who is at-fault, injures you or another covered individual. It also provides property damage coverage.” Similarly, Underinsured Motorist Coverage is that which provides ”protection when an underinsured driver, who is at-fault, causes injury to a covered individual. An underinsured driver is one whose limits of liability are less than your UIM limits, and not enough to cover the losses of the people the underinsured driver injured.”

Victims can hold negligent drivers accountable for the costs of an accident through a personal injury suit, and in the case of uninsured or underinsured, drivers recover from the victim’s own uninsured/underinsured policy. Contact an experienced personal injury lawyer to discuss this option.