What to Do if You Are Hit By a Drunk Driver

Drunk driving is among the major causes of traffic crashes in North Carolina. According to NC Traffic Crash Facts, there were 12,264 total alcohol-related traffic crashes statewide in 2021. NC personal injury laws allow victims of drunk driving accidents to pursue compensation.

At Robert Louis Armstrong Personal Injury Attorney, I’m ready to help you hold those responsible for your injuries accountable. My firm proudly serves clients across Wilmington, Brunswick County, New Hanover County, Onslow County, and Pender County.

Steps to Take if You Are Hit by a Drunk Driver

• Remain calm and stay in control.
• Exit your car carefully and get to safety.
• Help other accident victims if you can.
• Call 911 for immediate medical attention.
• Report the accident to police, provide a comprehensive statement.
• Take mental notes about the other driver if intoxication is suspected.
• Document witness statements, photos, police reports, evidence.
• Document medical bills, records, treatments, health reports.
• Document personal account and how it affected work/daily life.
• Inform insurance provider you were hurt by drunk driver.
• Retain experienced attorney to file claims and negotiate.

Liability in Drunk Driving Accidents

NC is a fault state. A drunk driver causing a crash can be automatically negligent and held responsible. Drunk driving is negligence per se in NC. Plaintiff must show:

• Defendant’s actions violated a law (DWI/speeding)
• Actions were proximately responsible for the accident
• Victim was within the class the law intended to protect

Alcohol establishments may be liable for serving intoxicated drivers under NC 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.

Filing a Wrongful Death Claim

Only the personal representative or executor of the decedent’s estate may file a wrongful death lawsuit in NC. These cases often proceed through the court system rather than settling quickly.

Seek Legal Advocacy Today

Contact me at Robert Louis Armstrong, a drunk driving attorney, today for a case assessment.