5 Steps To Take After a Drunk Driver Hits You in North Carolina

Key Highlights:

• There are 5 steps to take after a drunk driver hits you in North Carolina you can take: get to safety, call 911, see to your medical needs, gather evidence from the scene, and understand your legal options as they relate to civil claims.
• Any time someone is involved in a drunk driving accident North Carolina there are two parts to the case: a criminal DWI case and a civil injury claim; however, the criminal aspect will not pay for your injuries.
• If the party that hit you is uninsured or underinsured, you may be entitled to payment from your own Uninsured Motorist / Underinsured Motorist (UM/UIM) coverage on your insurance policy.
• In North Carolina, there is a statute for punitive damages that directly relates to driving while impaired; therefore, if you are injured in a drunk driving wreck, you can seek compensation for more than just your basic damages.
• For your free consultation, please call today for Tatum & Atkinson Law Firm. There is no attorney’s fee to you unless you obtain compensation for your injury.

Do not delay; the first step is to reach safety, dial 911, obtain appropriate medical care, preserve all evidence from the scene of the accident, and talk with an experienced attorney before getting involved with your insurance company.

Although a person who drives while impaired (DWI) may be charged with a criminal offense, this may not be sufficient to pay for your medical bills, lost wages, or pain and suffering, AND recovery of a civil lawsuit is a separate issue, all of which may be affected by what you do during the first few hours and days after a crash.

In 2019 alone, North Carolina had approximately 11,345 drunk driving accidents (this figure includes not only DWI, but also impairment from drugs), and 411 of these were fatal. Over 60% of all traffic fatalities last year occurred during the New Year’s holiday, with almost 63% of all traffic fatalities attributed to impairment. 

Over half of all fatal car accidents in North Carolina last year resulted from lane departures. This information suggests that you may be one of the countless North Carolinians affected by an intoxicated driver accident for some period of time.

I am Robert Tatum, a partner at the Tatum & Atkinson Law Firm, and our law firm is veteran-owned and has assisted victims of DWI accidents in North Carolina for over 15 years.

Step 1: Get Safe And Call 911

If possible, move your vehicle out of traffic to somewhere safe. Once you are safely out of harm’s way, turn your hazard lights on so other drivers can see your car. Make sure that you check yourself and your passengers for injuries and any other persons involved in the crash. After checking for injuries, call 911.

Police will need to respond to the scene of the crash so they can check and document injuries caused in the crash, document the crash, and investigate if the suspected driver was impaired. 

This is significant for a drunk driving accident claim in North Carolina, because police reports are often some of the first key records in reporting a drunk driving accident in North Carolina, which can be used in claims for victims.

What to tell the dispatcher

When you call to report the crash, you will need to provide the dispatcher with information to relay to the police.

Specifically, provide your location…

• If anyone requires emergency medical assistance
• How many cars were involved in your crash
• And why you suspect the driver to be impaired (i.e., alcohol smell, slurred speech, open containers, erratic driving, driver attempting to leave the scene, etc.). 

When providing this information, please do so in a factual manner. Do not guess or argue with the police about the crash at the roadside.

Step 2: Get Medical Care Even If You Feel “Okay”

You may think you’re OK but have received an injury due to adrenaline or trauma at a DUI accident in North Carolina, only to discover the next morning you’re injured (for example, neck stiffness or headache). 

Therefore, it is critical to seek medical treatment after DUI accident North Carolina. Urgent care clinics, emergency rooms, and family physicians can professionally examine you for any possible hidden injuries caused by drunk drivers NC in proximity. 

Examples of injuries people get from being hit by drunk drivers in North Carolina include, but are not limited to:

• Concussion
• Whiplash
• Broken bones
• Back injuries
• Internal injuries
• Cuts and abrasions
• Burn injuries
• Knee injuries
• Shoulder injuries
• Emotional distress

Step 3: Gather Information At The Scene

If you are safe and able, compile these basic details about the other driver: their name, license plate number, insurance information, vehicle description, and contact information. Document the accident by taking photos of both vehicles, road conditions, traffic signs, skid marks, broken glass, debris, and physical injuries.

A hit by drunk driver North Carolina case may become complicated if the other driver denies what happened. Photographs and witness names can help secure the facts of the incident. In North Carolina, you can request an official crash report from the NC Division of Motor Vehicles. The crash report will have driver information, citations, contributing factors, officer notes, and other information.

If the other driver flees

Do not chase a driver who has fled after an accident. If possible, get the plate number of the fleeing vehicle, but also make note of the color, make, model, and direction of the fleeing vehicle. Notify the police as soon as possible. Your safety is more important than apprehending the driver.

Step 4: Preserve Evidence After The Crash

Evidence after a drunk driver crash NC fades quickly over time, meaning that it’s easy for evidence from a drunk driving accident in NC to disappear before officers even arrive on the scene. Here are some examples of evidence that NC drivers should collect for preservation (early after the accident):

• Police report
• Accident photos
• Medical records
• Witness names
• 911 call records
• Body camera footage
• Dash camera footage
• Video from businesses nearby
• Records of towing and estimated repair costs
• Insurance correspondence
• Toxicology testing information
• Observations made during field sobriety testing
• Notes made by the arresting officer
• Open container evidence
• Statements made by the defendant
• Criminal court case records
• Certification of missed time from work

Officers in NC are permitted under law to request that drivers who are arrested for driving while impaired configure a breath or blood test. All of that information will contribute to the outcome of your criminal case, as well as what damages may be sought in your civil injury case.

Step 5: Understand Your Civil Claim Options

While a criminal DWI case is different from an injury claim, the state of North Carolina holds the responsibility for prosecuting the DWI charge and seeking to punish the offender. 

The civil claim is focused on compensating the victim for their losses. They can receive compensation through a DWI accident claim in North Carolina for medical expenses, future medical care, lost wages, diminished earning capacity, physical injury, mental anguish, damage to their vehicle, and any long-term effects of the accident. 

Many victims of DUI accidents in North Carolina assume the successful prosecution of the DWI charge against the offender will be sufficient to cover their losses; however, this is not the case.

The North Carolina drunk driving accident claim and the criminal justice system can sometimes assist the victim in proving their case against the at-fault driver in a civil claim. A DWI arrest of the at-fault driver, blood/urine samples that show a blood alcohol concentration over .08, officer observations supporting the DWI charge, and a guilty plea/conviction of the at-fault driver may all assist. 

What to do after a DUI crash NC? 

Regardless of how strong the DWI evidence is, the liability in a civil claim is separate from the DWI charge; therefore, the victim must independently prove their injuries/damages, the existence of auto insurance coverage on the at-fault driver, and the connection between the DWI accident and the losses suffered by the victim to have a valid legal claim. 

Under North Carolina law, impaired driving is defined in North Carolina General Statutes Section 20-138.1, but the particulars of each case will determine if the victim is entitled to recover in a civil claim.

What If The Drunk Driver Was Uninsured Or Underinsured?

This is a question that victims tend not to consider soon enough. The state of North Carolina mandates that all vehicles be insured to cover both uninsured (UM) and underinsured (UIM) motorists. If there is an uninsured driver who has caused injury either due to fleeing or having insufficient insurance, this will likely be addressed by your own insurance policy.

In other words, it could potentially provide you with the compensation you would have received had your driver had sufficient coverage.

Make sure to check the limits of your own insurance coverage before concluding that a driver with minimal liability coverage will not result in a settlement that will meet your needs. Your own insurance may fill in this gap substantially.

Can You Recover Punitive Damages From A Drunk Driver In North Carolina?

As previously stated, Chapter 1D of Title 1 of the General Statutes provides for punitive damages for unlawful conduct while operating a motor vehicle. Punitive damages serve the purpose of punishing and deterring unlawful or unreasonable behavior by the offender. 

Punitive damages are not automatically granted, and there must be evidence of the reckless behavior to support an award. If the impaired driver made a conscious decision to continue driving his/her vehicle, he/she may also be liable for punitive damages in addition to any other compensatory damages you receive.

It is worthwhile to have this conversation with your attorney early on in your case because it could significantly enhance the overall value of your case.

What Damages May Be Available After A Drunk Driving Crash?

Recovering damages after a drunk driving wreck NC, you will need to take into consideration the accident, your injuries, insurance, and how much evidence you have available to prove your case.

The value of your claim should reflect the effects the accident has had on your body and your job, as well as the total impact on your life, not just the first bill that came in after the accident.

Why Documentation Matters After A DUI-Related Collision

Documenting injuries of North Carolina impaired driver accident victims and seeking medical care as soon as reasonably possible will help you avoid being blamed for something you didn’t do or receiving a low settlement offer because of it. 

An insurance company could argue that the drunk driving accident wasn’t as severe as you have described, that you didn’t have any injuries until after the wreck, that your medical care was unnecessary or excessive, or that other factors caused your pain or inability to work.

So, do not create gaps in your case; keep copies of your medical records, bills for medical treatment, notes you wrote while at work, records of your mileage/tests/travel to/from appointments, pictures, etc., and all correspondence from your insurance provider. 

If your pain changes over time, be sure to report those changes to your doctor and any alteration in your way of life; also, save any documentation of missed days due to your injuries.

Regarding drunk driving accidents, the criminal charges are important; nevertheless, the injured party will still need their own proof to substantiate their injury claim. Documents such as medical records, photographs, witness statements, and police reports provide the totality of the involved parties’ story.

How A Drunk Driving Crash Can Affect You Long-Term

Drinking and driving accidents cause more issues than just damage to your vehicle: 

• they can interfere with your sleep. 
• your ability to work, your family routine, 
• cause anxiety, 
• impact confidence while driving and also cause issues for your finances. 

Others replay the crash over and over or avoid that section of road and then have problems returning to work right after the drunk driving accident North Carolina, and that is why making a drunk driving accident claim in North Carolina will take more than just looking at what happened during the first few days of the accident. The effects of a DUI/OWI will reach far beyond the immediate scene of the accident.

When Should You Contact a North Carolina Injury Lawyer?

If you were hurt as a result of an accident with another driver who is possibly impaired by alcohol, you should contact a lawyer to help protect your rights. A lawyer will work with you to preserve the evidence from the accident, review the accident report, track the criminal case(s) related to the DWI, handle all communications with the insurance company, and help to protect your claims until the case is settled and the retribution for your damages is paid.

Talk to Tatum & Atkinson Law Firm After a Drunk Driver Hits You in North Carolina

If you or someone you know has been struck by a drunk driver in North Carolina, here are 5 steps to take after a drunk driver hits you in North Carolina. These 5 steps are straightforward; however, they are also essential. Steps include: ensure safety, contact 911, secure medical attention, collect evidence, and preserve your right to recover civilly before insurance companies take control of the narrative.

You should call (800) 529-0804 today for a free consultation.

FAQs: 5 Steps To Take After a Drunk Driver Hits You in North Carolina!

Does a drunk driver automatically become responsible for all damages in North Carolina? 

Even with evidence of impairment, you will still need to prove that there was a person at fault for the crash, that you were injured, that you incurred damages, that there was insurance to provide payment, and that the crash caused your losses.

Can a drunk driving accident occur without the driver being arrested? 

Even if there is no arrest, a civil suit could still be maintained as long as there is evidence of the fault of the driver, evidence of impairment, injury, and damages.

What should I do if the police weren’t called immediately after the crash? 

You should report it as soon as possible, get medical attention, document all the details that you witnessed at the scene, get the names and contact information of any witnesses you identified, and talk with a lawyer about preserving your evidence before it is lost.

Can passengers injured in a drunk driving accident pursue compensation? 

Yes, passengers who sustained injuries may file a lawsuit against the impaired driver, any other negligent driver involved, or any insurance that may be available, depending on the facts surrounding the incident.

Are drunk driving accidents more common during holidays in North Carolina? 

In North Carolina, 63% of all New Year holiday traffic deaths involved alcohol, and weekends, holidays, and weekend nights consistently demonstrate an increased risk of impaired driving.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.