If you’re in an accident with a drunk driver, call 911 immediately, make sure you receive medical attention, document the scene as much as you can, and contact a Charlotte DUI car accident lawyer. Your attorney will know how to protect your rights and pursue compensation.
Unfortunately, no matter how many safety precautions you take, getting hit by a driver who’s under the influence of alcohol or drugs is always a possibility. Drunk driving accidents are preventable tragedies, yet they continue to cause countless injuries and deaths each year.
When a reckless driver’s decision to operate their car while under the influence changes your life, you deserve to hold them accountable and receive compensation. Let your attorney serve as your advocate during this difficult time.
What to Expect in the Weeks and Months Following the Collision
Once the immediate crash response is complete and you’re deemed stable in the aftermath of the crash, the next phase involves monitoring your recovery, documenting ongoing losses, and determining a path forward.
Here’s what this looks like for victims of drunk-driving accidents in North Carolina:
- Tracking recovery progress: This includes physical improvements, therapy attendance, personal setbacks, and additional medical procedures.
- Keeping a treatment timeline: This means surgeon notes, physical therapy progress reports, projected future needs, and assistive device purchases.
- Documenting work impact: This includes time spent away from your place of employment, changes in earning capacity, reduced hours, and job modifications.
- Gathering cost records: This entails transportation to appointments, out-of-pocket expenses, home modifications, and assistive devices.
- Reviewing insurance coverage: This involves understanding what portion of your newfound bills your insurance will cover, figuring out whether subrogation applies, and exploring possible additional sources of compensation.
- Considering long-term care: For injuries with permanent effects, you may need to work with specialists who can estimate future treatment, quality-of-life changes, and support needs.
- Watching deadlines: Even when treatment is ongoing, your attorney can help you make sure you’re on track to adhere to all legal schedules per North Carolina’s expectations.
This phase is about turning what can feel like a chaotic mess into a structured path that shows how the crash affected you over time and what your future will require.
How North Carolina Treats Drunk-Driving-Related Injury Claims
North Carolina law takes collisions caused by impaired drivers very seriously, offering victims several legal options to pursue justice and identify liability. The state establishes that a blood alcohol concentration (BAC) of 0.08% or higher constitutes impairment.
In cases where an impaired driver causes a fatal crash, the offense may escalate to Felony Death by Vehicle to reflect the severity of such negligence. Victims of drunk driving accidents can pursue civil claims for personal injury or wrongful death.
This is true regardless of whether or not the impaired driver ultimately faces criminal charges. The civil and criminal processes operate independently, allowing victims to seek financial recovery for the following consequences of the at-fault party’s actions:
- Medical costs
- Lost wages
- Pain and suffering
- Other damages
Additionally, North Carolina follows the strict doctrine of contributory negligence. This rule states that if you are found to be even minimally at fault for the accident (even 1%), you are legally barred from recovering any compensation for your injuries.
However, the courts recognize that drunk driving is a severe act. Proving the defendant engaged in willful and wanton conduct—which is often the case when driving under the influence—may serve as an exception that prevents the drunk driver from using the contributory negligence defense against you. Your attorney’s primary focus will be on proving the driver’s gross negligence to shield your claim from this harsh defense.
Deadlines That Apply to Your Claim as the Victim of a Drunk Driving Collision
For anyone injured by a drunk driver in North Carolina, your time to act is limited. If you fail to take legal action before a filing deadline comes and goes, you could miss out on your opportunity to secure compensation before it even begins.
Known as the statute of limitations for personal injury claims in North Carolina, this deadline is three years from the date of the collision with the drunk driver. If you were a minor at the time of the crash, exceptions may apply, and you might receive an extension on the filing period.
The sooner you reach out to an attorney with experience handling cases like yours, the sooner your lawyer can start building your case and working toward a favorable outcome on your behalf.
Click to contact our personal injury lawyers today.
Contact Our Charlotte DUI Car Accident Law Firm to Find Out What to Do if You’re in an Accident With a Drunk Driver
If you’ve been injured by someone driving under the influence, you’re likely dealing with physical pain, financial strain, and emotional exhaustion. The decisions you make right now—about your care, your documentation, and your legal rights—can have a lasting impact on your future.
At CR Legal Team, we understand how overwhelming this experience can be, and you don’t have to face it alone. Our Team provides Whole-Person Legal Care™, meaning we care for every aspect of your well-being—physical, financial, and emotional.
For more than 36 years, our Team has helped over 200,000 people and recovered billions of dollars in compensation. At CR Legal Team, We Stand Up For You®. We’re here to protect your rights, pursue the justice you deserve, and help you rebuild your life after a drunk driving crash.
