A Lawyer's Guide to Property Damage Caused by Drunk Drivers in North Carolina
Raleigh Injury Attorney Explains Property Damage Caused by DWI Accidents in North Carolina
Drunk driving is a major cause of property damages in North Carolina. If your property is damaged due to the actions of a drunk driver, you may be entitled to compensation for your damaged property. What insurance carriers don’t tell you is that you may also be entitled to punitive damages. Punitive damages are a form of monetary compensation awarded to punish the drunk driver for their actions and deter them from repeating such behavior in the future. This comprehensive guide explores how to seek punitive damages for property damage claims in North Carolina resulting from drunk driving.
Injured by a drunk driver? Learn more here about how our injury lawyers can help.
Property Damage Claims Resulting From Drunk Driving Accidents in North Carolina
In North Carolina, property damage claims resulting from drunk driving are governed by the state's tort law. Tort law refers to the civil law that addresses wrongful conduct and provides remedies for those who have suffered harm or injury as a result of someone else's actions. A property damage claim can arise when a person’s property is damaged due to the negligence of another party. To establish a property damage claim, the plaintiff must prove that the defendant owed them a duty of care, breached that duty, and that the breach caused the damages.
North Carolina follows the doctrine of contributory negligence, which means that if the plaintiff contributed to the accident in any way, they may not be entitled to recover damages. Therefore, it is important for plaintiffs to have strong evidence to establish that the defendant was solely responsible for the damages.
Punitive Damages in North Carolina
Punitive damages are a form of compensation awarded to punish the defendant for their wrongful conduct. In North Carolina, punitive damages are only awarded in cases where the defendant’s actions were willful or malicious. The purpose of punitive damages is to deter the defendant from repeating their actions in the future and to send a message to others that such behavior will not be tolerated.
To obtain punitive damages in North Carolina, the plaintiff must prove by clear and convincing evidence that the defendant acted with malice, willfulness, or wantonness. Malice refers to a deliberate intention to cause harm, while willfulness refers to an intentional act that the defendant knew would likely cause harm. Wantonness refers to a reckless disregard for the safety of others.
Factors Considered in Awarding Punitive Damages in North Carolina
In North Carolina, the amount of punitive damages awarded is determined by the jury and is based on several factors, including:
The reprehensibility of the defendant's conduct: This refers to the severity of the defendant's actions and the level of harm caused to the plaintiff.
The ratio of punitive damages to compensatory damages: Punitive damages cannot exceed four times the amount of compensatory damages awarded.
The financial resources of the defendant: Punitive damages should be sufficient to punish the defendant without bankrupting them.
The need to deter similar conduct in the future: Punitive damages should be sufficient to deter the defendant from repeating their actions in the future.
Any other relevant factors: This can include the defendant's prior criminal record, their level of intoxication at the time of the accident, and the impact of the damages on the plaintiff's life.
Proving Liability in Property Damage Claims in North Carolina
To obtain punitive damages in a property damage claim resulting from drunk driving, the plaintiff must establish that the defendant was negligent and caused the damages. By providing sufficient evidence, the plaintiff can increase their chances of obtaining the compensation they deserve. This can be done by providing evidence of the following:
The defendant was under the influence of alcohol at the time of the accident.
The defendant's actions were the direct cause of the damages.
The plaintiff suffered actual damages, such as repair costs or loss of use of the property.
The defendant's conduct was willful, wanton, or malicious.
When filing a property damage claim in North Carolina, it is essential to provide sufficient evidence to support the claim. Evidence helps establish the defendant’s liability and the extent of the damages suffered by the plaintiff. Here are some types of evidence that can support a property damage claim in North Carolina:
Police Report
A police report is a crucial piece of evidence when filing a property damage claim. In North Carolina, it is required by law to report an accident that causes property damage or personal injury to the police within 24 hours. The police report includes information about the parties involved, the location of the accident, and the circumstances surrounding the accident. It also contains details about the weather and road conditions at the time of the accident. The police report serves as an official record of the accident and can be used as evidence in court.
Eyewitness Accounts
Eyewitness accounts are an essential type of evidence in property damage claims. Eyewitnesses can provide details about the accident that the plaintiff may not have seen. For instance, an eyewitness may have seen the defendant driving erratically before the accident occurred. Eyewitness accounts can help establish liability and support the plaintiff’s claim for damages.
Photographs
Photographs can be used as evidence to support a property damage claim. They can help establish the extent of the damages suffered by the plaintiff. Photographs of the scene of the accident, the vehicles involved, and the damages to the plaintiff’s property can help establish liability and the extent of the damages.
Video Footage
Video footage from surveillance cameras or dashcams can provide valuable evidence in a property damage claim. It can help establish liability and show the sequence of events leading up to the accident. Video footage can also help refute any claims made by the defendant that the accident was not their fault.
Repair Estimates
Repair estimates can be used to establish the cost of repairing the plaintiff’s property. They can be obtained from a licensed repair shop or an appraiser. Repair estimates should include the cost of parts and labor needed to repair the plaintiff’s property. It is essential to obtain multiple repair estimates to provide an accurate estimate of the damages suffered.
Medical Records
In some cases, property damage claims may also involve personal injury. In such cases, medical records can be used as evidence to support the claim. Medical records can establish the extent of the plaintiff’s injuries and the cost of medical treatment required. Medical records can also help establish the severity of the accident and the impact it had on the plaintiff’s life.
Insurance Information
Insurance information can be used to establish liability and the extent of coverage available. The defendant’s insurance information can help establish the amount of coverage available to pay for damages. The plaintiff’s insurance information can also be used to establish the extent of coverage available for repairs or replacement of the plaintiff’s property.
Schedule a Free Case Evaluation With Our Raleigh Drunk Driving Accident Lawyers
So if you were injured or had property damage caused by a drunk driver, contact our experienced drunk driving accident lawyers in Raleigh, North Carolina for a free consultation. We can help you and your family recover compensation for property damage, medical bills, lost wages, and conscious pain and suffering. Even if liability appears clear that a drunk driver caused your accident, oftentimes there is a dram shop claim that could help ensure that you recover the maximum amount of compensation that you deserve for your damages.
