Filing a claim with the help of an experienced Raleigh Drunk Driving Accident Lawyer is your best chance to seek compensation for medical bills and other expenses.
The Bishop Law Firm takes pride in protecting the rights of car accident victims in the Raleigh area and understands how complex the car accident claims process can be for those injured through no fault of their own.
Call us today for a free case review, (919) 615-3095, or start online now.
North Carolina DWI Laws
In North Carolina, driving while impaired (DWI) occurs when a driver is under the influence of an impairing substance.
According to NCDD, “Under the influence” has been defined as when a person “has drunk a sufficient quantity of intoxicating beverage to cause him to lose the normal control of his bodily or mental faculties to such an extent that there is an appreciable impairment of either or both of these faculties.”
While the impairing substance can be alcohol (alcohol concentration of .08 or more), drugs (legal and illegal - even prescription drugs) can be impairing.
"One in 20 U.S. adults admitted to driving within two hours of consuming prescription medications that caused impairment", according to a survey commissioned by Mothers Against Drunk Driving (MADD) in 2021.
Raleigh Car Accident Drunk Driving Statistics
According to the North Carolina Department of Transportation, in 2023, there were 499 alcohol related crashes, 368 alcohol related injuries, and 11 alcohol related fatalities in Raleigh.
Also see Raleigh Car Accident Statistics.
In Wake County, during the same period, there were 803 non-fatal injuries and 27 fatalities due to alcohol-related crashes.
Between 2019 and 2023, an average of 710 people were injured and 27 people were killed a year in Wake County due to drunk drivers.
According to NC Vision Zero, 377 people were killed in crashes involving alcohol-impaired drivers in 2023.
Per the NHTSA, every 42 minutes, someone is killed in a drunk driving crash in the United States.
The above statistics are disheartening, when impaired driving injury and fatality are 100% preventable.
With Uber, Lyft, and other various transportation services, impaired and drunk driving accidents can not be justified.
Read: Twenty Tips to Avoid Raleigh Car Accidents
North Carolina Personal Injury Law
In North Carolina, the at-fault party must be established before a victim can recover for their personal injury.
Negligence
Negligence involves a duty owed, a breach of that duty, and a breach that results in injury to the victim.
In North Carolina, all drivers have a duty to act reasonably for their safety and the safety of others on the road.
Driving under the influence or while impaired is unreasonable and therefore a breach of this duty.
Our post, Raleigh Car Accident Reports, tells you how to check to see if alcohol was suspected or a breathalyzer was given by law enforcement to the at-fault driver for your accident.
For a victim to have a personal injury claim, the negligence of the intoxicated driver must also be the cause of the victim's injury to establish liability.
Contributory Negligence
Unfortunately, North Carolina is one of the few remaining contributory negligence states.
Contributory negligence typically bars a victim from recovering their damages if they were at fault for the accident in any way (even as little as 1% at fault).
But, contributory negligence is no defense to gross negligence (UNC).
Simply put, the at-fault party's negligence is so egregious that it allows the law to disregard the negligence of the victim.
Driving intoxicated, driving at excessive speeds, or engaging in a racing competition are three prime examples of gross negligence in North Carolina.
Statute of Limitations
According to N.C.G.S.§1-52 (16), the general rule for filing a negligence action or personal injury case in North Carolina is three (3) years from the date of the accident.
If a victim was injured on February 1, 2025, that victim has until February 1, 2028, to file a lawsuit in the county of the accident for their personal injury claim.
Damages: What can a car accident victim recover?
After being injured in a car accident caused by an impaired driver, a victim can recover the costs of their medical expenses, lost wages, pain & suffering, punitive damages (circumstance specific), and any other accident-related expenses.
Read North Carolina Insurance Policy Limits.
Economic
Economic damages, such as medical expenses and lost wages, are the easiest to assess, as they typically come with a bill or doctor's notes that explain missed work.
While these damages are the easiest to quantify, adjusters often try to diminish the value of medical bills and dispute that lost income was due to the car accident.
Please remember that if you accept less than the value of your medical bills and lost wages, you have effectively paid for the negligence of the drunk driver twice.
Read: North Carolina Personal Injury Medical Bills More than Settlement
Non-Economic
Pain & Suffering and Punitive Damages are non-economic damages, which means that they are subjective.
In our firm's experience, insurance adjusters do not want to pay "subjective" damages.
Pain & Suffering Damages
Pain & Suffering damages attempt to compensate the victim for the mental and emotional pain they sustained due to the drunk driver's negligence.
Generally, the greater the injury, the greater the pain & suffering. A car wreck victim with broken bones will have more physical pain than a victim with soft tissue injuries.
Read Types of Raleigh Car Accident Injuries
Punitive Damages
Punitive Damages are warranted when the negligent party was fraudulent, malicious, or acted with willful or wanton disregard.
Driving drunk is reckless behavior that demonstrates a willful or wanton disregard for the safety of others.
Simply put, punishment of the at-fault party is needed to deter this form of conduct.
A jury can award Punitive Damages in drunk driving cases, but insurance adjusters will not tell a victim that.
Read more at North Carolina Punitive Damages.
Why You Need a Raleigh Drunk Driving Accident Lawyer
DWI Accident Injury victims need help in recovering all damages that they are entitled to.
Insurance company adjusters frequently do not want to pay for all economic losses (medical expenses and lost wages), let alone for pain & suffering.
The insurance company will also be unable to offer you money before litigation for punitive damages. The jury, not the adjuster, awards punitive damages.
In cases involving a drunk driver, in which a victim has sustained bodily injury, all legal avenues to compensation must be explored and pursued if warranted.
For life-threatening injuries, traumatic brain injuries, or catastrophic injuries, a victim and their family's focus should be on the victim's recovery, as early medical treatment can improve long-term outcomes.
Insurance company tactics should be recognized for what they are, and victims should not rely on the adjuster to tell them what they are legally entitled to.
Without a Raleigh Car Accident Attorney, a victim will have a hard time attaining maximum compensation for their serious injuries.
Also watch: Raleigh Car Accident Lawyer - Seven Reasons Why You Need One
Raleigh Drunk Driving Accident Lawyer
Our experienced team at The Bishop Law Firm can help if you need a Raleigh Car Accident Lawyer.
Our personal injury lawyer, Kimberly Bishop, is familiar with car accident cases, pedestrian and bicycle accidents, as well as the complicated legal and medical issues that can arise after motor vehicle accidents.
We focus on protecting and maximizing the legal rights of car accident victims to fair compensation, and we don’t get paid unless you win (no upfront costs).
Can the at-fault driver’s insurance company make the same claim?
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