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Last Modified on Mar 31, 2026
If you’ve been hit by a drunk driver, understanding your rights and legal options after a crash is essential when determining your next steps. Drunk driving accidents in NC can leave you with damages from physical injuries to lasting emotional pain. While difficult to recover from, filing a claim can help you secure compensation for these losses while holding the drunk driver accountable.
Drunk Driving Accidents in North Carolina
Drunk driving accidents are an issue across North Carolina, though there are an especially high number of crashes in Wake, Mecklenburg, and Guilford Counties. In total, there were 11,376 North Carolina alcohol-related crashes in 2024. No matter where a drunk driving accident occurred, working with an experienced drunk driving accident lawyer can help you build a claim personalized to your case.
Alcohol slows reaction times, reduces coordination and control of a vehicle, increases inattention, and impairs decision-making skills. These impacts leave the drunk driver and others at a high risk of a crash. Even if a driver’s blood alcohol concentration (BAC) is under the legal limit according to North Carolina’s drunk driving accident laws, their driving may be impaired.
What to Know About Filing a Claim Against a Drunk Driver
When filing a claim against a drunk driver, you must prove that they are at fault for the accident. This can be through proving their intoxication with police reports, BAC test results, witness statements of them drinking or driving impaired, or other evidence that proves they were drinking and driving.
Even if you can’t prove they were drunk, you can still establish their liability by proving their actions caused the crash. Your ability to file a claim against an at-fault driver exists regardless of whether they were drinking and driving. Working with a lawyer can help you prove their fault and hold them liable for your damages.
Damages You Can Recover in a Drunk Driving Claim
Recovering from a drunk driving accident can be emotionally challenging, physically painful, and extremely expensive. The cost estimates for lives lost and medical costs in drunk driving accidents were $143 billion in 2022. A North Carolina drunk driving accident attorney can help you recover by pursuing compensation for your losses. Common damages in a drunk driving accident case are:
- Medical costs. Drunk driving accidents can lead to severe injuries such as traumatic brain injuries, whiplash, back injuries, bone fractures, and other physical injuries that require medical treatment. Compensation can cover the cost of medical care for your injuries, allowing you to receive the care you need.
- Property damage. Damage to your vehicle, bicycle, clothing, and personal valuables can all occur during a crash. The cost of repairing or replacing this property can be included in compensation.
- Lost wages. Taking time off from work is often unavoidable in a drunk driving accident case. Compensation can include your lost wages from time off due to your injuries or medical appointments. If you were left permanently disabled, compensation can also cover the long-term loss of earning potential.
- Pain and suffering. Both physical and mental pain and suffering can increase your compensation. While this is often difficult to calculate, as it isn’t a financial loss, a lawyer can pursue fair compensation for your experience.
Steps to Take After a Drunk Driving Crash in North Carolina
After a drunk driving accident, there are several steps you should take to protect your safety and secure your right to pursue compensation. Depending on your injuries and the level of intoxication of the drunk driver, it can be a good idea to hire a drunk driving accident lawyer to handle certain matters after a crash. In general, some steps to take are:
- Moving to a safe location away from traffic
- Checking for injuries and receiving medical care
- Contacting the police
- Exchanging information with the drunk driver, if it is safe and reasonable to do so
- Take photographs and video footage of the scene, as well as vehicle damage and visible injuries.
- Collect the contact information for any witnesses.
- Contact a North Carolina drunk driving accident lawyer.
FAQs
What Is Emotional Trauma After a Car Accident?
In a car accident claim, emotional trauma is a common damage that many accident victims face. Many victims experience symptoms such as anxiety, flashbacks, mood changes, physical symptoms of stress, trouble sleeping, and concentration issues. Often, it can develop into psychological disorders, such as PTSD. When determining fair compensation, these emotional and mental damages are considered.
Can Punitive Damages Be Included in a Drunk Driving Case?
Yes, punitive damages can be included in a drunk driving accident case. These damages are awarded to punish a driver for extreme negligence, such as driving while intoxicated. Your lawyer can confirm whether these damages are available in your case and pursue punitive damages by presenting evidence of the drunk driver’s extreme misconduct.
Can You File a Claim Against a Drunk Driver if You Were a Pedestrian?
Yes, pedestrians can file a claim against a drunk driver. Pedestrian accidents are extremely common due to the drunk driver’s lowered attention or judgment. Additionally, 68.15% of drunk driving accident fatalities occur when it is dark, which limits the driver’s ability to see a pedestrian. Filing a claim can be important in your recovery, as pedestrian accidents often lead to severe physical injuries.
When Should You Hire a Drunk Driving Accident Lawyer in North Carolina?
You should reach out to a North Carolina drunk driving accident lawyer as soon as possible after a crash. Working with a lawyer early improves their ability to recover evidence from the accident scene, such as photographs or witness testimonies, that could be valuable in your claim. Additionally, a lawyer can help you meet North Carolina’s strict three-year statute of limitations.
Learn How Roberts Law Firm, P.A. Can Help
With over four decades of experience, Roberts Law Firm, P.A., knows drunk driving accident laws and can evaluate evidence from an accident to build a strong claim. Our attorneys are passionate about holding drunk drivers accountable for their damage, using aggressive negotiation strategies to secure the appropriate recovery for our clients.
Contact Roberts Law Firm, P.A., to schedule a consultation with an experienced North Carolina drunk driving accident attorney.
