24 Jul 2025

What Are Your Rights After Being Injured by a Drunk Driver?

If you’ve been injured by a drunk driver in Raleigh, Cary, Apex, Durham or anywhere in North Carolina, you have rights under both criminal and personal injury law. Paul Robinson Law, P.L.L.C. fights to protect your future and secure the full compensation you deserve.

What Happens When You’re Hit by a Drunk Driver in North Carolina?

Under North Carolina law (N.C.G.S. § 20‑138.1), driving while impaired, either by alcohol (a BAC of 0.08% or more) or drugs, is a misdemeanor offense. This establishes a strong foundation for your negligence claim.

Victims can recover damages, including:

Medical expenses and ongoing care
Lost income and reduced earning capacity
Physical pain and emotional suffering
Punitive damages for particularly reckless DUI cases

Because North Carolina applies a contributory negligence rule (if you’re even 1% at fault, you get no recovery), it’s essential to have a lawyer guiding you from day one.

Understanding NC DUI Penalties

The state enforces DWI laws strictly, and these criminal penalties often strengthen your civil case:

First offense: 1-year license revocation, fines, possible jail; refusal of chemical tests triggers an immediate 1-year suspension (NC DOT).
Aggravating circumstances (like prior DWI, high BAC, injury, or child passenger) raise the charge level and increase penalties .

Understanding these factors helps your legal team argue for full damages, including punitive awards.

Should You Hire a Lawyer After Being Hit by a Drunk Driver?

Absolutely. DUI cases are complex because:

Your claim includes both criminal and civil elements
You face contributory negligence, not comparative fault
You’ll need to identify all possible compensation sources
Insurance companies may try to minimize your claim

Paul Robinson Law gathers evidence, protects you from unfair blame, and ensures no recovery opportunity is overlooked.

Does Insurance Pay for Drunk Driving Accidents?

Yes, if the driver has liability insurance, their policy must pay for your damages. If not, your Uninsured/Underinsured Motorist (UM/UIM) coverage may apply. An attorney ensures every policy and option is identified and pursued fully.

Can You Sue the Bar That Overserved the Driver?

Yes, under North Carolina’s dram shop rules enforced by the NC ABC Commission, licensed establishments can be held liable if they served alcohol to someone who was visibly intoxicated and that person caused injury.

To succeed, you must establish:

The driver was already impaired at the time of service
The establishment knew or should have known
Over-serving led directly to the crash

These claims must be filed within one year, unlike general personal injury suits, which have a three-year deadline.

What Happens After You Report a DUI to Police?

Once law enforcement investigates or arrests a DUI suspect, they will:

Perform field sobriety or chemical testing
Arrest and charge the driver
Prepare a detailed accident report including test results and field observations, vital evidence for your case

What Should You Do Immediately After a DUI Crash?

Call 911 and request medical help and police presence
Get medical attention. Even minor injuries need documentation
Preserve evidence with photos, witness contacts, and crash records
Do not make recorded statements to insurance companies
Contact Paul Robinson Law early. Case reviews are free and no fees apply unless we win

What Compensation Can You Recover?

You may be entitled to:

Medical bills and future care
Lost wages and decreased earning potential
Pain and suffering
Punitive damages for extreme DUI behavior
Dram-shop recovery from establishments that over-served the driver

Why Acting Quickly Is Crucial

Many injury claims must be filed within three years, but dram-shop suits only allow one year. Evidence can vanish quickly, witness memories fade, footage gets deleted.

Talk to a Raleigh Drunk Driving Accident Attorney

At Paul Robinson Law, we’ve helped many crash victims in Raleigh, Apex, Cary, Durham and beyond recover their lives and futures. We manage all aspects, from medical coordination to insurance negotiations to courtroom strategy.