Can You Sue a Drunk Driver?

At The Law Offices of John M. McCabe, we are frequently asked if you can sue a drunk driver after an accident. The simple answer is yes—you can absolutely sue a drunk driver who caused you harm. However, in order to sue a drunk driver, there are several important considerations that can significantly impact your case outcome and potential compensation.

Can You Sue a Drunk Driver?

Yes, you can absolutely sue a drunk driver who caused you injuries or property damage, and you may be entitled to various forms of compensation beyond what's addressed in any criminal proceedings against them. In North Carolina, you can pursue damages for medical expenses, lost income, property damage, pain and suffering, and potentially punitive damages, which are specifically allowed in drunk driving cases under state law as a form of punishment for the driver's reckless behavior. While the drunk driver is the primary defendant, your lawsuit might also include other potentially liable parties such as bars or restaurants that served an obviously intoxicated person (under "dram shop" liability), social hosts who served alcohol to minors, or even the driver's employer if they were on duty at the time of the accident.

Your Rights After a Drunk Driving Accident

When you're injured by a drunk driver, you have legal rights that extend beyond the criminal justice system's handling of the DWI offense. While the state may prosecute the driver for their criminal actions, this process does nothing to compensate you for your injuries, property damage, lost income, and other losses.

Filing a civil lawsuit against a drunk driver allows you to pursue financial recovery independently from any criminal proceedings. These two legal processes serve different purposes and operate on different timelines, with different standards of proof.

Potential Financial Compensation in a Drunk Driving Accident Lawsuit

At The Law Offices of John M. McCabe, we help victims of drunk driving accidents pursue various forms of compensation to address both economic and non-economic damages resulting from these preventable crashes.

• Medical expenses: Compensation for emergency treatment, surgeries, hospital stays, rehabilitation, medication, medical equipment, and future medical care necessitated by injuries sustained in the drunk driving accident.
• Lost wages: Recovery for income lost while unable to work during your recovery period, including salary, commissions, bonuses, and other employment benefits directly affected by the drunk driving accident.
• Diminished earning capacity: Compensation for reduction in your ability to earn income in the future due to permanent injuries or disabilities resulting from the drunk driving accident.
• Property damage: Reimbursement for vehicle repair or replacement costs and any personal property damaged during the drunk driving collision.
• Pain and suffering: Monetary recognition for the physical pain, discomfort, and emotional distress experienced as a result of injuries caused by the drunk driver.
• Emotional distress: Compensation for psychological impacts such as anxiety, depression, post-traumatic stress disorder, and sleep disturbances stemming from the traumatic drunk driving crash.
• Loss of enjoyment of life: Recovery for diminished ability to participate in hobbies, exercise, social activities, and other pleasurable aspects of life following a drunk driving accident.
• Punitive damages: Additional compensation specifically designed to punish the drunk driver for their reckless behavior and deter similar conduct, which North Carolina courts often award in intoxicated driving cases.
• Loss of consortium: Compensation for the negative impact on your relationship with your spouse, including loss of companionship, affection, comfort, and sexual relations due to injuries from the drunk driving accident.
• Wrongful death damages: For families who have lost loved ones to drunk drivers, compensation for funeral expenses, lost financial support, lost companionship, and the emotional suffering associated with this devastating loss.

Don't settle for less than you deserve after being harmed by a drunk driver. The Law Offices of John M. McCabe will seek to sue a drunk driver (or other liable parties) to secure full and fair compensation for all damages you've suffered, allowing you to focus on recovery and rebuilding your life.

Potential Defendants in a Drunk Driving Lawsuit

While suing a drunk driver is the most obvious option, other parties may also bear responsibility:

The Drunk Driver

The impaired driver is typically the primary defendant in your lawsuit. Their decision to drive while intoxicated represents a clear breach of their duty to operate their vehicle safely, making them liable for resulting damages.

Dram Shop Liability

North Carolina recognizes limited "dram shop" liability under certain circumstances. If a bar, restaurant, or alcohol retailer served alcohol to someone who was visibly intoxicated or under 21 years of age, and that person subsequently caused an accident, the establishment may share liability for your injuries.

Social Host Liability

Similarly, individuals who host parties or gatherings where alcohol is served may be liable if they serve alcohol to minors who then cause accidents. Social host liability for serving visibly intoxicated adults is more limited but may apply in some circumstances.

Employer Liability

If the drunk driver was operating a vehicle within the scope of their employment when the accident occurred, their employer might also bear responsibility under the legal doctrine of "respondeat superior."

Challenges When Suing a Drunk Driver

While drunk driving cases often appear straightforward, several challenges can complicate your lawsuit:

Insurance Coverage Limitations

Many auto insurance policies have exclusions or limitations for accidents caused by criminal acts, including DWI. When insurance coverage is insufficient, collecting a judgment directly from the drunk driver can be difficult if they lack significant assets.

Contributory Negligence

North Carolina follows the strict contributory negligence rule, which means if you were even slightly at fault for the accident (even just 1%), you may be barred from recovering compensation. Insurance companies often try to find ways to assign partial blame to injured parties to avoid liability.

Statute of Limitations

In North Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to seek compensation entirely.

How Our Drunk Driving Accident Lawyers Can Maximize Your Compensation

At The Law Offices of John M. McCabe, our strategic approach to drunk driving accident cases has helped countless victims secure the full compensation they deserve through suing a drunk driver and other liable parties

• Thorough accident investigation: We conduct comprehensive investigations that go beyond police reports, collecting additional evidence like surveillance footage, witness statements, and cell phone records to build an irrefutable case against the drunk driver.
• Expert witness utilization: Our Raleigh car accident lawyers collaborate with accident reconstruction specialists, medical professionals, and economic analysts who provide compelling testimony about the accident circumstances and the full extent of your damages.
• Complete damages documentation: We meticulously document all financial losses and injuries, ensuring nothing is overlooked—from current medical bills to projected future care needs resulting from the drunk driving accident.
• Multiple liability exploration: We identify all potentially responsible parties, including not just the drunk driver but also bars that overserved them, employers if the accident occurred during work hours, and vehicle owners who negligently entrusted their car.
• Insurance policy analysis: We thoroughly examine all applicable insurance policies, including the drunk driver's auto coverage, your own uninsured/underinsured motorist protection, and umbrella policies that may provide additional compensation.
• Punitive damages pursuit: We aggressively seek punitive damages in drunk driving cases, which North Carolina courts often award to punish especially reckless conduct and can significantly increase your total compensation.
• Strategic negotiation tactics: We leverage our reputation as successful trial attorneys to negotiate from a position of strength, often securing higher settlement offers without the need for lengthy court proceedings.
• Trial preparation excellence: We prepare every case as if it will go to trial, developing compelling presentation materials and witness testimony that tell your story effectively to judges and juries.
• Timing optimization: We strategically time settlement discussions to occur after the drunk driver's criminal case concludes, using any conviction to strengthen your civil claim and increase potential compensation.
• Fee structure alignment: We work on a contingency fee basis, meaning our interests are perfectly aligned with maximizing your compensation—we only get paid when you receive a recovery for your drunk driving accident injuries.

Don't face the aftermath of a drunk driving accident alone. Contact The Law Offices of John M. McCabe today to learn how our proven approach can help secure the maximum compensation you deserve while you focus on healing and recovery.

Steps to Take After Being Hit by a Drunk Driver

If you've been involved in an accident with a suspected drunk driver, take these steps to protect your legal rights:

1. Seek immediate medical attention, even for seemingly minor injuries. Some serious conditions may not show symptoms immediately.
2. Report the accident to police and ensure they document any signs of driver intoxication.
3. Document the scene with photos and videos if you're able to do so safely.
4. Gather contact information from witnesses who may have observed the driver's behavior.
5. Avoid discussing fault or giving recorded statements to insurance companies before consulting an attorney.
6. Keep detailed records of all medical treatments, expenses, and how your injuries affect your daily life.
7. Consult with a personal injury attorney experienced in drunk driving cases as soon as possible.

Take Action After Your Drunk Driving Accident

Don't let a drunk driver's reckless choices determine your future. The Law Offices of John M. McCabe has the experience and dedication to fight for the justice and compensation you deserve. Contact us today for a free, confidential consultation to discuss if you can sue a drunk driver for your injuries, or other liable parties.

Can You Sue a Drunk Driver? Frequently Asked Questions

How long do I have to sue a drunk driver in North Carolina?

In North Carolina, you generally have three years from the date of the accident to sue a drunk driver for personal injuries. This legal deadline, known as the statute of limitations, is strictly enforced, and missing it typically means losing your right to seek compensation through the courts.

Can I still sue a drunk driver if they weren't convicted of DWI?

Yes, you can still sue a drunk driver even if they weren't convicted of DWI or if criminal charges were reduced or dismissed. Civil lawsuits operate independently from criminal proceedings and require a lower standard of proof—"preponderance of evidence" rather than "beyond a reasonable doubt."

Will my own car insurance cover damages when I sue a drunk driver?

Your own insurance may provide initial coverage through Personal Injury Protection (PIP) or Medical Payments coverage regardless of fault. Additionally, if the drunk driver was uninsured or underinsured, your Uninsured/Underinsured Motorist coverage may apply to compensate for damages exceeding the at-fault driver's policy limits when you sue a drunk driver.

How does North Carolina's contributory negligence rule affect my ability to sue a drunk driver?

North Carolina follows a strict contributory negligence rule, meaning if you were even slightly at fault for the accident, you may be barred from recovering compensation. However, courts are often less likely to find contributory negligence when you sue a drunk driver due to the inherently reckless nature of driving while impaired.

What evidence is most important when I sue a drunk driver?

Critical evidence when you sue a drunk driver includes the police report documenting their intoxication, BAC test results, field sobriety test results, witness statements about the driver's behavior, surveillance footage from nearby businesses, medical records detailing your injuries, and expert testimony linking your injuries to the accident.

Will I have to testify in court when I sue a drunk driver?

While many cases settle before trial, you should be prepared to testify if your lawsuit proceeds to court. Your testimony about the accident, your injuries, and how they've affected your life can be powerful evidence for jurors evaluating your claim when you sue a drunk driver.

How are settlement values determined when you sue a drunk driver?

Settlement values when you sue a drunk driver typically factor in your medical expenses, lost wages, property damage, pain and suffering, emotional distress, and any permanent disability or disfigurement. The potential for punitive damages often increases the settlement value compared to ordinary accident cases.

Can I sue a bar that served alcohol when I sue a drunk driver?

Under North Carolina's dram shop laws, when you sue a drunk driver, you may also have a claim against a bar, restaurant, or alcohol retailer if they served alcohol to someone who was visibly intoxicated or under 21, and that person then caused your accident. These third-party claims can be valuable when the drunk driver lacks adequate insurance coverage.

What happens if the drunk driver I'm suing doesn't have enough insurance?

If the drunk driver you're suing has insufficient insurance, you have several options: filing a claim under your own underinsured motorist coverage, pursuing claims against other potentially liable parties (like bars or employers), or pursuing the driver's personal assets through a judgment collection action.

How do cases when you sue a drunk driver differ from other car accident claims?

When you sue a drunk driver, your case typically involves stronger liability arguments, a higher likelihood of punitive damages, potentially multiple defendants (driver, bars, etc.), and often more substantial compensation than standard accident cases due to the egregious nature of driving while impaired.

Can I recover for emotional trauma when I sue a drunk driver even if my physical injuries were minor?

Yes, emotional distress damages may be available when you sue a drunk driver even with minor physical injuries. Post-traumatic stress disorder, anxiety, depression, and other psychological impacts can constitute compensable damages independent of physical injury severity.

Will my case be affected if I had alcohol in my system too when I sue a drunk driver?

Having alcohol in your system (even below the legal limit) can potentially impact your case under North Carolina's contributory negligence rule. However, if the driver you're suing was legally intoxicated and primarily responsible for the accident, your attorney may still successfully argue for full compensation despite minor impairment on your part.