What to Do if You Are Hit By a Drunk Driver 

Drunk driving is among the major causes of traffic crashes in North Carolina and across the United States. According to statistics from the North Carolina Traffic Crash Facts, there were 12,264 total alcohol-related traffic crashes statewide in 2021. Thankfully, North Carolina personal injury laws allow victims of drunk driving accidents to pursue compensation for their injuries and damages. However, many claimants are often unsure about what to do after the incident or how to proceed with their claims. 

At Robert Louis Armstrong Personal Injury Attorney, I'm ready and poised to help you hold those responsible for your injuries accountable. As a seasoned North Carolina personal injury attorney, I can investigate every aspect of your unique situation, educate you about the next steps to take, and represent you diligently in your drunk driving claims. My firm proudly serves clients across Wilmington, Brunswick County, New Hanover County, Onslow County, and Pender County, North Carolina. 

Steps to Take if You Are Hit by a Drunk Driver

Drinking and driving is prohibited in North Carolina. However, some irresponsible drivers still drink and drive, thereby causing traffic crashes. If you were the unfortunate victim of a drunk driving accident, you should take the following steps where possible: 

• Remain calm and stay in control of the situation. 

• Exit your car carefully, and get to safety. 

• Help other accident victims if you can. 

• Call 911 to receive immediate medical attention for injuries to yourself and other accident victims. 

• Report the accident to the police and provide a comprehensive statement. 

• Take mental notes about the other driver if you suspect intoxication. 

• Document witness statements, accident scene photos, police reports, and other physical evidence. 

• Document all of your medical bills, medical records, treatments received, and other health reports. 

• Document your personal account of the traffic crash and how it has affected your ability to work or daily life. 

• Inform your insurance provider that you were hurt in a drunk driving accident. 

• Retain an experienced attorney to help file your injury claims and negotiate a fair settlement with the insurer. 

Take these steps as quickly as possible to avoid forgetting vital information or misplacing crucial evidence. A strategic car accident lawyer can guide you through the claims process, seek to establish liability, and help you pursue rightful compensation. 

Liability in Drunk Driving Accidents

North Carolina is a fault state for car accidents. Under the state's fault system, a drunk driver who causes an auto crash can, with the proper evidence, be automatically negligent and held responsible for the injuries and damages sustained by the accident victims. 

Moreover, drunk driving is negligence per se in North Carolina. To prove negligence per se in a personal injury case, the plaintiff must show that: 

• The defendant's actions or conduct violated a law, such as DWI or speeding. 

• The defendant's actions were proximately responsible for the accident or the victim's injury. 

• The victim was within the class of individuals that the law intended to protect. 
   

Oftentimes, the negligent drunk driver will be held accountable for the victim's injuries. However, there are certain situations in which the alcohol establishment may be held liable for selling or serving alcohol to an intoxicated driver or minor in North Carolina. Pursuant to North Carolina General Statutes Section 18B-305, "It shall be unlawful for a permittee or his employee or for an ABC store employee to knowingly sell or give alcoholic beverages to any person who is intoxicated." 
 
Punitive damages may be awarded in a North Carolina drunk driving accident case to further punish the at-fault drunk driver for their willful or wanton conduct. 
 

Filing a Wrongful Death Claim 

If the drunk driving accident resulted in the victim's death, only the personal representative or executor of the decedent's estate may be entitled to file a wrongful death lawsuit in North Carolina. A dependable wrongful death attorney can walk you through the process and help you pursue deserved financial compensation for your loss. 

Seek Legal Advocacy Today

Being involved in a drunk driving accident can be a difficult experience and can affect you physically, financially, and emotionally. Nonetheless, you shouldn't have to suffer the pain and liability all on your own. At Robert Louis Armstrong Personal Injury Attorney, I have the diligence and passion to support and represent clients in their drunk driving accident cases. 

As your attorney, I can review your case details thoroughly, enlighten you about the next steps to take after the accident, and determine how to proceed with your claims. In addition, I will fight compassionately for your best interests and help you seek fair financial compensation to cover your medical bills, lost income, pain and suffering, mental anguish, and other available damages. 

If you were hurt in a traffic crash involving a drunk driver, you may seek damages. Contact me at Robert Louis Armstrong Personal Injury Attorney today to schedule a simple case assessment with a trusted car accident lawyer. I can guide you through the often-complicated procedures involved in filing drunk driving accident claims and seeking damages. My firm proudly serves clients across Wilmington, Brunswick County, New Hanover County, Onslow County, and Pender County, North Carolina.