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Injured by a Drunk Driver in North Carolina?

You deserve answers and accountability. Schedule a confidential consultation to find out how we can help you pursue full compensation.

  • Speak directly with a drunk driving accident attorney
  • Holding impaired drivers responsible across North Carolina

Take the first step. Click below to schedule your case review today.

Every 42 minutes in America, someone dies in a drunk driving crash. Behind each statistic is a story—a parent who won’t come home, a child who won’t grow up, a future erased in an instant.

These aren’t accidents. They’re crimes with devastating consequences that ripple through families and communities for years to come.

At DeMent Askew Johnson & Marshall, our North Carolina drunk driving accident attorneys have stood beside countless victims and families as they rebuild their lives after being hit by drunk drivers. We know how to hold these drivers and sometimes the bars that overserved them accountable for the harm they’ve caused.

You shouldn’t have to pay for a drunk driver’s reckless choices.

The Reality of Drunk Driving in North Carolina

Despite decades of public awareness campaigns, drunk driving remains a serious problem on North Carolina roads. According to the North Carolina Department of Transportation, alcohol-related crashes cause hundreds of deaths and thousands of injuries each year:

These aren’t just statistics—they represent real people whose lives were forever changed by someone’s decision to drink and drive.

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Common Injuries in Drunk Driving Crashes

Drunk driving crashes often cause severe injuries due to high speeds, head-on collisions, and the drunk driver’s failure to brake before impact. Common injuries include:

  • Traumatic brain injuries ranging from concussions to severe brain damage
  • Spinal cord injuries causing partial or complete paralysis
  • Broken bones requiring surgery and lengthy rehabilitation
  • Internal organ damage necessitating emergency surgery
  • Severe lacerations resulting in permanent scarring
  • Burn injuries from post-crash fires
  • Wrongful death leaving families devastated

These injuries often require extensive medical treatment, prolonged rehabilitation, and may result in permanent disability. The financial burden can be overwhelming, with medical bills quickly reaching hundreds of thousands of dollars.

How North Carolina Law Protects Drunk Driving Victims

Under North Carolina law, victims of drunk driving crashes have strong legal protections. When a driver chooses to get behind the wheel while impaired by alcohol, they may face both criminal penalties and civil liability.

As a victim, you may be entitled to several types of compensation:

Economic Damages

  • All medical expenses related to your injuries, both current and future
  • Lost wages during your recovery
  • Lost earning capacity if you can’t return to your previous job
  • Property damage to your vehicle
  • Rehabilitation costs
  • Home modifications if your injuries require them
  • Long-term care costs for serious injuries

Non-Economic Damages

  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent disfigurement or disability
  • Loss of consortium for your spouse

Punitive Damages

North Carolina law specifically allows for punitive damages in drunk driving cases under N.C.G.S. § 1D-15. These additional damages are designed to punish the drunk driver and deter similar conduct.

Unlike many other personal injury cases, proving drunk driving creates a straightforward path to pursuing these additional damages.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

Who Can Be Held Liable for a Drunk Driving Crash

Our North Carolina drunk driving accident lawyers investigate all potentially responsible parties:

The Drunk Driver

The intoxicated driver bears primary responsibility for choosing to drive while impaired. Their auto insurance policy is typically the first source of compensation.

Bars, Restaurants, and Social Hosts

Under North Carolina’s dram shop liability laws, establishments that serve alcohol to someone who is visibly intoxicated may share liability if that person causes a crash. This is established in N.C.G.S. § 18B-121.

Social host liability is more limited but may apply in specific circumstances—especially when minors are involved.

Vehicle Owners

If someone knowingly lends their vehicle to an intoxicated driver, they may share responsibility for resulting damages.

Employers

If the drunk driver was working at the time of the crash, their employer may share liability under certain circumstances.

Identifying all liable parties is crucial because the drunk driver may have insufficient insurance coverage to fully compensate you for catastrophic injuries.

What to Do After Being Hit by a Drunk Driver

The steps you take after a drunk driving crash can significantly impact your health and legal rights:

  • Call 911 immediately. Police need to document the crash and assess the driver for intoxication.
  • Seek medical attention right away, even if you think your injuries are minor. Some serious injuries aren’t immediately apparent.
  • Document everything if you’re able:
    • Take photos of the crash scene, vehicle damage, and your injuries
    • Get contact information from witnesses
    • Note any signs of intoxication you observed in the other driver
  • Report the crash to your insurance company, but don’t give recorded statements without consulting a lawyer.
  • Keep all medical records and bills related to your injuries.
  • Don’t post about the crash on social media. Insurance companies monitor these platforms.
  • Contact a North Carolina drunk driving accident attorney as soon as possible to protect your rights.

Remember, you’re not just another insurance claim—you’re a victim of a crime who deserves full compensation and justice.

Contact Our North Carolina Drunk Driving Accident Lawyers Today

At DeMent Askew Johnson & Marshall, we understand the physical, emotional, and financial toll a serious crash can take on you and your family.

Our team has the knowledge, resources, and determination to stand up to insurance companies and hold drunk drivers accountable for their reckless actions.

Time is critical in drunk driving cases. Contact us today.

Serving victims of drunk driving throughout Raleigh, Durham, Orange, Carteret, and Chatham Counties, and all of North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What if the drunk driver who hit me doesn't have insurance?

If you’re hit by an uninsured or underinsured drunk driver, you may still have options for recovery:

  • Your own uninsured/underinsured motorist coverage may apply
  • We can investigate dram shop liability against establishments that served the driver
  • We can look for other sources of compensation, including the drunk driver’s personal assets

Our attorneys will identify all possible sources of recovery to ensure you receive the compensation you deserve.

How long do I have to file a drunk driving accident claim in North Carolina?

Under N.C.G.S. § 1-52, you generally have three years from the date of the crash to file a personal injury claim. However, it’s crucial to begin the legal process much sooner. Evidence disappears quickly, and building a strong case takes time.

If you lost a loved one in a drunk driving crash, the wrongful death statute of limitations under N.C.G.S. § 1-53 is just two years from the date of death.

Does North Carolina's contributory negligence rule apply to drunk driving cases?

North Carolina follows a strict contributory negligence rule, which means if you’re found even 1% at fault for an accident, you may be barred from recovering compensation. Insurance companies often try to use this rule to deny valid claims.

However, drunk driving cases often present clear liability against the intoxicated driver. Our experienced attorneys know how to counter any arguments about shared fault and protect your right to compensation.

Should I accept the settlement offer from the drunk driver's insurance company?

Insurance companies often make quick settlement offer, hoping you’ll accept before understanding the full extent of your injuries. These offers are almost always far less than what your case is worth.

Never accept a settlement offer without consulting an experienced drunk driving accident attorney. Once you accept a settlement, you can’t go back and ask for more money if your injuries turn out to be more serious than initially thought.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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