Raleigh Drunk Driving Accident Lawyers

If you were injured by a drunk driver, you have the right under North Carolina to receive compensation for your injuries from both the drunk driver and any person or business that served them alcohol. Our experienced Raleigh drunk driving accident lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Drunk Driving (DWI) Accident Settlements and Verdicts:

What Is a Drunk Driving Accident Claim in North Carolina?

Under North Carolina law, NCGS section 20-138.1 prohibits a motorist from operating a motor vehicle while under the influence of an impairing substance or where the driver’s blood alcohol concentration (BAC) is 0.08 or more.  Depending on the person, that could be as little as 2-3 drinks in the span of a couple hours. 

Under North Carolina law, it is illegal for a business to sell alcohol to a person who is visibly intoxicated or to a minor. If a business violates this law and sells alcohol to an intoxicated person who subsequently causes injury or damage, the business may be held liable for damages under the state's dram shop liability laws.

Overall, North Carolina's dram shop liability laws are designed to hold businesses accountable for the sale of alcohol to intoxicated individuals and to provide a means for victims to recover damages for injuries and damage caused by such individuals. It is important for businesses that sell alcohol to be aware of these laws and to take steps to ensure that they are in compliance with them in order to avoid potential liability.

Common Injuries Caused by Drunk Driving and Dram Shop Accidents in Raleigh, NC

Drunk driving accidents in North Carolina can cause minor and serious injuries bodily injuries to everyone involved.  Some of the most common types of injuries our drunk driving accident attorneys in Raleigh, NC see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries (concussions and traumatic brain injuries or TBI)

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Eye injuries

• Hearing loss

• Amputations

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Drunk Driving Accident Lawyers Can Help You Recover

The personal injuries you suffered in your dram shop accident may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh drunk driving accident attorneys are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Drunk Driving Accident Claims

Drunk driving and “dram shop” accidents are both caused by the over-consumption of alcohol, which leads to an innocent member of the public being injured. When that happens, the injured victim can brings claims against the drunk driver for operating their vehicle while intoxicated. The injured victim can also bring claims against a bar, restaurant, venue, or social host that may have served alcohol to the drunk driver. That is known as “dram shop” liability.

Unfortunately, there is little reliable or correct information about drunk driving accident claims that is available to the public, which causes confusion about the drunk driving accident process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh drunk driving accident lawyers believe you should know:

1. What Should I Do After I’m Involved in a Drunk Driving Accident in Raleigh, NC?

The initial moments and days after your drunk driving accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Call the police

• Take photos of your injuries

• Take photos of the damage to your car and the other vehicles (including vehicle positioning)

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

2. How Do I File a Drunk Driving Accident Claim in Raleigh, NC?

A drunk driving accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

3.  What If the Drunk Driver Is Coming From a Bar, Restaurant, or Party in Raleigh, NC?

Although some of the liability for drunk driving cases will fall on the drunk driver or the owner of the vehicle, the business or person who over-serves the drunk driver under North Carolina’s dram shop laws can also be found liable.  This type of liability is in addition to—not in the place of—the liability against the drunk driver.  That means a victim may be entitled to hold the drunk driver, the owner of the vehicle, and the establishment (or social host) that served the alcohol accountable for a drunk driving accident.

The reason for investigating dram shop liability in a drunk driving accident is for two important reasons.  First, it is to hold businesses liable who are creating dangerous situations on our roadways.  These establishments are making money and getting a benefit from serving marked-up alcoholic drinks, and they should not be able to profit off the harm they can cause to others.  They owe duties to the public to serve alcohol safely and prevent drunk driving accidents.

Second, it is important to expand the amount of possible insurance coverage/compensation that a victim may recover.  Most bars or restaurants have much higher insurance policies for negligent accidents than a private individual (drunk driver).  In most cases, the victim of a drunk driving accident is seriously injured.  So bringing claims against the establishment or person that served alcohol to the drunk driver allows drunk driving accident victim to recover the full amount of coverage that he or she may be entitled to under North Carolina law.

4. How Much Will My Drunk Driving Accident Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced drunk driving accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of drunk driving accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

5.  What If I’m Partially At-Fault for Causing My Drunk Driving Accident in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh drunk driving accident lawyer understands that defense and how to work around it.

6. How Long Does a Drunk Driving Accident Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). We will also want to research and determine if a bar, restaurant, social host, or convenience store could be held responsible for serving alcohol to the drunk driver.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

7. How Long Do I Have to File a Drunk Driving Accident Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most drunk driving accident cases, you have 3 years from the accident or injury to bring a claim. For drunk driving accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a drunk driving accident claim, so it is in your best interest to get a Raleigh drunk driving accident attorney involved as early as possible after your accident.

8. What Is the Process for a North Carolina Drunk Driving Accident Claim?

Drunk driving accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a drunk driving accident.

According to North Carolina's laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the drunk driving accident.

THE GENERAL Drunk Driving ACCIDENT CLAIM PROCESS

1. Notify insurance carriers

2. Insurance adjuster inspects vehicles and estimates damages

3. The property damage amount is negotiated and settled

4. If there are injuries, the injured driver receives medical treatment

5. Once the medical treatment is concluded or the injured driver reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled

6. If the property damage or bodily injury claim is not settled, then a lawsuit is filed

9. How Much Does a Drunk Driving Accident Lawyer in Raleigh, NC Charge?

Many Raleigh drunk driving accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

10. What Does a Raleigh Drunk Driving Accident Lawyer Do to Help?

Hiring an experienced Raleigh drunk driving accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

If you’re injured by a drunk driver, it isn’t always clear if the driver was drinking alcohol at a business, friend’s house, or at home before the accident.  Drunk drivers will often lie about where they drank alcohol to try and avoid further punishment.  Special investigations are often needed to find everyone responsible for the accident, including the business or person that served or sold alcohol to the drunk driver.  Experienced drunk driving lawhers, like our firm, know how to do this.

11. What Happens After I File a Drunk Driving Accident Claim in Raleigh, NC?

In a North Carolina drunk driving accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina drunk driving accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

12. What Is the Statute of Limitations in North Carolina for Drunk Driving Accident Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most drunk driving accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.

13. What is the Average Settlement for a Drunk Driving Accident Claim in Raleigh, NC?

Determining the average settlement for a North Carolina drunk driving accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, car accident cases settle for an average of $25,700, but a number of facts go into the value of a case. Those include:

• The amount of auto coverage the defendant has

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

However, cases may settle for more than the average when a good North Carolina drunk driving accident injury lawyer is on your side. Settlements involving drunk drivers are typically MUCH MORE than an average car wreck can because drunk driving accidents involve punitive damages. Punitive damages are a way to punish a drunk driver for their dangerous behavior and conduct. That can be tens of thousands of dollars (or more) extra in settlement compensation.

14. Can a Business Be Liable for Serving One Drink to a Drunk Guest in North Carolina?

It is important to note that you do not have to prove that the establishment served all or even most of the alcohol to the drunk driver.  If a business serves even one drink to customer that it knew or should have known was intoxicated, that is enough for the business to be liable for a drunk driving accident.  Many of our cases involve bars where the drunk driver went for “one last drink.”

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. How Do You Calculate Pain and Suffering for a Drunk Driving Accident Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh drunk driving accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. Why Are Drunk Driving Accidents So Common in Raleigh, NC?

1. Even without alcohol, most drivers are constantly surrounded by distractions while driving, which can cause a person to ignore or forget to follow common safety rules or keep a proper lookout

2. Alcohol lowers a driver’s inhibitions and reaction time, making them more likely to take risks on the road while also less likely to be able to avoid accidents

3. Cocktails and craft beer are higher in alcohol content (ABV) than some people assume, so a “couple drinks” might unknowingly be the equivalent of several alcoholic beverages

4. Some drivers feel fine in social settings while drinking (where there might be loud music or other external stimulation) but don’t realize the extent of their intoxication until they begin driving home

18. Will My Drunk Driving Accident Claim Go to Trial in Raleigh, NC?

95% of drunk driving accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of drunk driving accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of drunk driving accident lawsuit.

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh drunk driving accident attorney can help prepare you for what to expect.

19. Can I File a Drunk Driving Accident Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a drunk driving accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced drunk driving accident lawyer.

20. How Do I Find the Best Raleigh Drunk Driving Accident Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

What Is Dram Shop Liability in North Carolina?

Dram shop liability refers to the legal responsibility of a business that sells alcohol to a person who subsequently causes injury or damage while under the influence of alcohol. In North Carolina, dram shop liability laws are governed by the state's Alcoholic Beverage Control (ABC) Act.

Dram shop laws apply to serving alcohol to a person who should not have been served.  They apply in two situations.  The first is where North Carolina law makes it illegal to knowingly sell or serve an intoxicated person any alcoholic drink who then causes a dram shop drunk driving accident (NCGS section 18B-305).  The second is where a vendor sells an alcohol drink to an underaged person who causes an accident (NCGS section 18B-121). 

Businesses That Can Be Liable for Alcohol Sales in North Carolina

Both of these laws apply to businesses and establishments that sell or serve alcohol, including:

• Bars

• Restaurants

• Convenience Stores

• Food Trucks

• Wineries

• Breweries

• Wedding receptions/venues

• To-go drinks

• Any vendor that sells alcohol to be consumed onsite or to-go

What Evidence Is Needed for a Dram Shop Lawsuit in North Carolina?

A victim who is injured in a motor vehicle accident caused by a drunk driver who was over-served may be entitled to seek compensation for his or her injuries from the business that over-served the drunk driver.  In order to recover damages, a victim will need to establish that the business knew or should have known that the drunk driver was intoxicated when they served them.  Experienced dram shop lawyers are able to prove that in a number of ways:

•  Blood alcohol content (BAC) of the drunk driver (usually taken by police or in the hospital after the accident)

• Other evidence such as slurred speech, red eyes, vomiting, wobbling, spilling drinks, and other impairments the business should have observed before serving the drunk driver

• Receipts from the business showing a high number of drinks purchased by the drunk driver

• Violations of safe alcohol service training, programs like ServSafe, TIPs, or RASP

• Witness statements

• Surveillance footage

Liability for Social Hosts When Drunk Driving Guests Cause Accidents in Raleigh, NC

There is also a type of dram shop liability for social or party hosts who supply alcohol to guests.  If those guests then go and drive drunk, the host could be liable in certain instances for a drunk driving accident. This applies to hosts like parents serving children (even adult children), work parties, local organizations, fundraisers, or other non-licensed alcohol vendors.

In order to recover compensation for social host dram shop drunk driving accidents in North Carolina, a victim must establish that the host served the alcohol, the guest was intoxicated, and the host knew the guest would be driving home.  Again, these are difficult cases to prove without an experienced drunk driving accident lawyer in Raleigh, NC.

Can a Business Be Liable for Serving or Selling Alcohol to a Minor in North Carolina?

In addition to dram shop liability laws, North Carolina has a number of other laws in place to help prevent alcohol-related injuries and damage. For example, the state has a zero tolerance policy for driving under the influence of alcohol for drivers under the age of 21. The state also has strict penalties for businesses that sell alcohol to minors, including fines, license suspension, and revocation.

Raleigh Drunk Driving Accident Statistics

One of the most common causes of motor vehicle accidents is drunk driving accidents, especially dram shop drunk driving accidents (when a bar or restaurant over-serves a drunk driver and is liable for the injuries they cause).  According to the National Highway Traffic Safety Administration (NHTSA), every year approximately 10,200 people lose their lives in a drunk driving accident.  Another 290,000 people are injured by drunk drivers, some of these victims suffering catastrophic and permanently disabling injuries.  In just North Carolina, there are roughly 11,500 drunk driving accidents each year, resulting in almost 350 fatalities and over 7,660 injuries.  More locally from the same state-wide statistics, our drunk driving accident lawyers in Raleigh, NC know that approximately 1,100 of those accidents occur in Wake County every year, resulting in roughly 20 deaths and 730 injuries.