When the person who hit you was drunk, it wasn’t an accident. It was a choice. Someone decided to get behind the wheel, knowing the risk, and now you or someone you know is the one paying the price. What happens next? How do you hold them accountable?
Under North Carolina law, you have the right to pursue compensation not only for your medical bills and lost wages but also for the sheer recklessness of the other driver’s actions. This might include seeking punitive damages, which are intended to punish the drunk driver and are not capped in impaired driving cases. This distinguishes your case from a typical car wreck claim.
While you focus on your recovery, our purpose at Maginnis Howard is to manage the legal burdens for you. We know that thinking about legal action while you’re in pain is difficult. Let us bring some clarity to your situation.
For a free, no-obligation review of your case, call Maginnis Howard at (919) 526-0450 today.
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Why Choose Maginnis Howard for Your Drunk Driving Case?
Our Focus is on Righting Wrongs.
Our firm, Maginnis Howard, was formed by personal injury attorneys from leading law firms in Raleigh, Charlotte, and Fayetteville with a single mission: to help people harmed by the choices of others, from individual drivers to large corporations. We have recovered over +$100 million for our clients by ensuring negligent parties are held accountable.
Proven Results in Drunk Driving Cases.
We have a record of securing meaningful results for victims of impaired driving. This includes a $9,075,000 settlement for a family shattered by a drunk driver and a confidential settlement for a family whose unborn child was lost and other children were severely injured by an underage impaired driver.
You Receive Our Full Attention.
Your case is never just another file. Have questions for an NC personal injury attorney? You’ll get clear answers and proactive guidance throughout your case. This means:
- Direct Attorney Access: You will have a direct line to the attorney managing your case.
- A Team Approach: We work together to examine every angle of your case.
- No Win, No Fee: We operate on a contingency fee basis. You do not pay us anything unless we recover compensation for you.
Our Raleigh office is dedicated to serving our local community and providing steadfast support to our neighbors.
Understanding the Value of Your Drunk Driving Claim
The purpose of a personal injury claim is to make you “whole” again in the eyes of the law. This involves a detailed accounting of every loss, financial, physical, and emotional, that resulted from the driver’s decision to get behind the wheel. Compensation is generally broken down into three categories.
Economic Damages: The Tangible Costs
This is the foundation of your claim, representing a straightforward calculation of all the money the collision has cost you and will cost you.
- Medical Bills: This covers everything from the ambulance ride and emergency room visit to future surgeries, physical therapy, and prescription medications.
- Lost Income: A form of special damages covering the wages you have already lost because you were unable to work.
- Future Lost Earning Capacity: If your injuries prevent you from returning to your job or working at all, we calculate the income you will lose over your working life.
- Property Damage: This is the cost to repair or replace your vehicle and any other personal property destroyed in the crash.
- Out-of-Pocket Expenses: This category includes costs like transportation to medical appointments, childcare you had to arrange due to your injuries, and modifications to your home or car.
Non-Economic Damages: The Human Cost
They are designed to compensate for the intangible, human toll of the collision.
- Pain and Suffering: This accounts for the physical pain and emotional distress your injuries have caused.
- Emotional Anguish: This can include anxiety, depression, fear, and the development of conditions like PTSD.
- Loss of Enjoyment of Life: You can be compensated for your inability to take part in hobbies, activities, and life experiences you once valued.
- Permanent Scarring or Disfigurement: This acknowledges the physical and emotional toll of lasting scars.
Punitive Damages: Punishing and Deterring Reckless Conduct
This is what elevates a drunk driving case beyond a standard car accident claim. Punitive damages are not meant to repay you for a loss; their purpose is to punish the at-fault driver for their flagrant disregard for safety and to discourage others from making the same choice.
In North Carolina, most personal injury cases have a cap on punitive damages. That cap does not apply in cases where the at-fault driver was impaired.
Drunk Driving in Raleigh: A Local Perspective
Raleigh’s High-Risk Zones
Though the city doesn’t publish a list of “drunk driving hotspots,” crashes frequently happen in areas with a high density of bars and restaurants, and on major commuter routes, such as:
- Major Highways: I-40, I-440 (the Beltline), and US-1 (Capital Boulevard) carry a high volume of traffic at all hours.
- Downtown and Glenwood South: Areas with a bustling nightlife naturally see a higher risk of impaired driving, especially late at night and on weekends.
- Major Intersections: Busy intersections along Capital Boulevard, Wake Forest Road, and Six Forks Road become danger zones when an impaired driver fails to obey traffic signals or yield.
Wake County by the Numbers
According to the NCDOT, in a single recent year, North Carolina had 11,345 DUI crashes, which caused 411 deaths and over 7,600 injuries. Wake County is consistently one of the top counties for alcohol-related crashes in the state.
When Do These Crashes Happen?
Data reveals clear patterns for when these collisions are most likely to occur.
- Time of Day: The highest risk is during late-night and early-morning hours, particularly between 10:00 PM and 4:00 AM.
- Day of the Week: Weekends, especially Friday and Saturday nights, are peak times for impaired driving incidents.
- Holidays: Holidays linked to social drinking, such as New Year’s Eve, St. Patrick’s Day, and the Fourth of July, unfortunately, see a spike in these preventable tragedies.
The Anatomy of a Drunk Driving Accident Claims
Types of Drunk Driving Accidents
Impairment leads to specific, and frequently catastrophic, types of collisions:
- Head-On Collisions: An impaired driver may drift across the centerline into the path of oncoming traffic.
- Rear-End Collisions: Dulled reaction times can cause a drunk driver to plow into a vehicle stopped at a light or in traffic.
- Wrong-Way Accidents: A disoriented driver might enter a highway or one-way street going against the flow of traffic.
- T-Bone/Side-Impact Crashes: When an impaired driver runs a red light or stop sign, the result is often a violent side-impact collision.
Common Injuries We See
Because these crashes often occur at high speeds and without any warning, the injuries are typically severe.
- Traumatic Brain Injuries (TBIs): These can range from concussions to more severe, life-altering brain damage.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis.
- Internal Injuries: Damage to organs that may not be immediately obvious after the crash.
- Complex Fractures: Broken bones that can require multiple surgeries and lengthy rehabilitation.
- Whiplash and Soft Tissue Damage: Severe neck and back injuries that can result in chronic pain.
Key North Carolina Laws in Your Case
Several state laws are especially relevant in a drunk driving injury claim.
- Negligence Per Se: In North Carolina, if a driver violates a safety law (like the law against driving while impaired) and that violation causes an injury, they are automatically considered negligent. This is a legal concept that simply means we do not have to prove they were being careless—the act of driving drunk is, in itself, proof of negligence.
- The Dram Shop Act: North Carolina law may allow you to hold a bar, restaurant, or other business accountable if they knowingly sold alcohol to a noticeably intoxicated person who then caused your injuries. This is a source of additional compensation, particularly if the driver was uninsured or underinsured.
- The Statute of Limitations: In North Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit under G.S. § 1-52. If you miss this deadline, you lose your right to pursue compensation forever. It is always best to consult with a lawyer to determine the eligibility of your case.
If the Unthinkable Happens: Wrongful Death Claims
When a drunk driver’s actions lead to a fatality, the case becomes a wrongful death claim. This is a distinct legal action brought by the victim’s family or estate to seek justice and financial stability after a devastating loss.
Who Can File a Wrongful Death Lawsuit?
In North Carolina, the claim must be filed by the personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will as the executor. If there is no will, the court will appoint a personal representative, usually a close family member like a spouse, child, or parent. This representative acts on behalf of all the heirs.
What Damages Can Be Recovered?
While no amount of money can replace a loved one, the law allows families to recover damages to ease the financial burdens and acknowledge their loss. These can include:
- Medical and Funeral Expenses: The costs of medical care leading up to the death and the expenses for the funeral and burial.
- Loss of Income: The income the deceased would have been expected to earn over their lifetime.
- Loss of Companionship: Compensation for the loss of the deceased’s love, guidance, and society.
- Pain and Suffering of the Deceased: Damages for the pain and suffering the victim experienced between the time of injury and their death.
- Punitive Damages: As in injury cases, punitive damages may be awarded to punish the drunk driver for their malicious or willful conduct.
How Long Do I Have to File a Wrongful Death Claim?
The timeline for a wrongful death claim is shorter and stricter than for a personal injury claim. Under G.S. § 1-53, you have only two years from the date of death to file a lawsuit.
What Can I Do Now to Protect My Case?
While your legal team builds the case, there are several actions you can take to strengthen your claim and safeguard your rights.
- Follow Your Doctor’s Orders. Attend every medical appointment, go to all physical therapy sessions, and follow through with your treatment plans. If you do not, an insurance company will argue that you were not seriously injured or that you are responsible for your condition worsening.
- Keep a Pain and Recovery Journal. Each day, spend a few minutes writing down your pain levels, the difficulties you have with daily tasks, and how your injuries are affecting your life and your family. When you claim bodily injury, for example, this journal can become powerful proof of your non-economic damages.
- Track All Expenses. Keep every receipt and bill connected to the accident in a single folder. This includes co-pays, prescription costs, and even the mileage for trips to and from your doctor’s appointments.
- Obtain a Copy of the Police Report. The official crash report contains key information, including the officer’s initial findings and whether the other driver was charged with a DWI. We will get this for you, but having your own copy is a good idea.
- Stay Off Social Media. Insurance companies routinely search claimants’ social media profiles for photos or comments they can use against them. A simple picture of you smiling at a family event could be twisted to argue that you are not really suffering. The safest approach is to avoid posting anything until your case is resolved.
Frequently Asked Questions About Raleigh Drunk Driving Claims
Is the criminal case separate from my civil claim?
Yes, they are completely separate. The criminal case, which is brought by the state, is about punishing the driver for breaking the law (DWI). Your civil claim is about compensating you for your injuries and losses. The outcome of the criminal case, such as a guilty plea or conviction, is very strong evidence for your civil claim, but you can pursue compensation no matter what happens in criminal court.
What if the drunk driver was uninsured or didn’t have enough insurance?
In this scenario, we would first turn to your own auto insurance policy for Uninsured/Underinsured Motorist (UM/UIM) coverage. This is coverage you pay for to protect yourself in this exact situation. We would also investigate whether a Dram Shop claim against a bar or restaurant that over-served the driver is a possibility.
How long will it take to resolve my case?
Every case follows its own timeline. A more straightforward case might be resolved in several months, while a case involving serious injuries could take a year or more, particularly if a lawsuit becomes necessary. Our priority is to secure the full and fair value of your claim, not a fast and insufficient settlement. We will keep you informed at every stage.
Do I have to go to court?
The great majority of personal injury cases are settled out of court through negotiation. However, we prepare every case as if it will go to trial. If the insurance company refuses to make a fair offer, we will not hesitate to file a lawsuit and present your case to a jury. The decision to accept a settlement or proceed to court is always yours to make.
Can I sue the city of Raleigh if a dangerous road contributed to the crash?
It is possible, but claims against government bodies are difficult. They have special legal protections and much shorter deadlines—sometimes as little as six months. If we suspect that a poorly designed intersection, a missing sign, or another public hazard contributed to the crash, a Raleigh drunk driving lawyer from our team will investigate this angle immediately.
Can I recover compensation if I was a passenger and my own driver was drunk?
Possibly. In North Carolina, passengers who knew their driver was intoxicated when they got in the car can be barred from recovery under North Carolina’s contributory negligence rule. But there are paths to compensation: (1) show you did not know the driver was impaired, (2) show the crash was not caused by the impairment, or (3) use the last clear chance doctrine (the other party had the final opportunity to avoid the harm and failed). Insurers rarely pay these claims voluntarily, so a lawsuit is often needed.
Let Us Be Your Voice for Justice
You deserve a legal team that understands not just the law, but the human toll of what you are experiencing. At Maginnis Howard, we focus on providing the calm, competent, and dedicated representation you need to hold the responsible parties accountable.
For a free and confidential conversation about your case, call us today at (919) 526-0450.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101,
Raleigh, NC 27615, United States
Phone: (919) 526-0450