Drunk Driving Accidents Lawyer

Request Free Consultation

Request Consultation

Holding Drunk Drivers Accountable In Wilmington


All he had to do was call a cab. She could have gotten a ride with the designated driver. You have every right to be angry if you or a loved one was hurt by a drunk driver. It may be the most selfish and reckless act one can commit.

But your justifiable anger cannot make you whole again. It cannot provide you with the financial resources your family needs, and it cannot provide you with the medical care and rehabilitation that will get you back on your feet. To make things right after a car accident , you need an experienced personal injury lawyer who can fight for you.

At David and Associates Injury Attorneys, we focus on making sure that victims of drunk driving accidents get the help they need with everything that comes after a serious crash. From ensuring you see a doctor to dealing with getting your vehicle repaired, we strive to make sure you have what you need so that you are not left to fight a losing battle with an insurance company that is interested in doing everything but the right thing.

If you or someone you love was injured by a drunk driver, contact our Wilmington drunk driving accident lawyers today for a free consultation : 910-251-8088 .

How Are Drunk Driving Accident Claims Different from Criminal DWI Cases?


In North Carolina, as in every other state, drunk driving is against the law. People found guilty of driving while impaired (also referred to as “driving under the influence”) face criminal and administrative penalties, ranging from jail time to fines to driver’s license suspension. While the purpose of DWI laws is to deter people from getting behind the wheel after consuming alcohol, as well as punish those who do, criminal DWI penalties do little to help victims.

A drunk driving accident claim is a type of civil lawsuit that allows victims to recover financial compensation for damages they incurred due to the accident. “Damages” is a personal injury term used to describe economic and non-economic losses stemming from an accident and/or injury.

By filing a drunk driving accident claim, you may be able to recover compensation for your:

  • Emergency medical care
  • Ambulance/hospital fees
  • Medical bills
  • Ongoing treatment costs
  • Medications/medical equipment
  • Future medical expenses
  • Lost income/wages
  • Lost future earnings
  • Lost earning capacity due to disability
  • Pain and suffering
  • Emotional distress/trauma
  • Counseling services

In some cases, you may even be able to recover punitive damages, which are intended to punish the liable party for egregious negligence and/or a wanton or willful disregard for human life.

Why Choose David & Associates as Your Drunk Driving Lawyer in Wilmington


With offices in Wilmington, Clinton, Supply, Jacksonville, Wallace, and Whiteville, our legal team is dedicated to serving injury victims across southeastern North Carolina. Our attorneys have over 136 years of combined experience and have successfully represented more than 65,000 clients. We know the local courts, understand North Carolina drunk driving laws, and fight tirelessly to maximize your compensation.

What to Do After a Drunk Driving Accident in Wilmington, NC


Taking the right steps after an accident can make a big difference in your recovery and your case:

  • Call 911 to ensure police and medical help arrive quickly.
  • Gather evidence if you’re able: take photos, collect witness information, and keep a record of everything related to the crash.
  • Seek medical attention even for minor symptoms, as injuries can appear later.
  • Do not discuss the accident with the other driver’s insurance company before speaking to your lawyer.
  • Contact an experienced drunk driving accident lawyer in Wilmington to start protecting your rights immediately.

Civil vs. Criminal Drunk Driving Cases

Criminal DWI charges in North Carolina aim to punish the drunk driver, but they do not compensate accident victims for their losses. A civil drunk driving accident claim, handled by your attorney, seeks to recover damages for:

  • Medical bills and emergency care
  • Lost wages and loss of future earning capacity
  • Pain, suffering, and emotional distress
  • Rehabilitation and ongoing treatment
  • Punitive damages in cases of gross negligence

Our team is here to ensure your civil claim gets the attention it deserves so you can focus on recovery.

Who Is Liable for Drunk Driving Accidents?


While it may seem obvious that the drunk driver is the one who is responsible for your injuries and damages, they may not be the only legally liable party.

Under North Carolina’s dram shop laws, you may have a case against a bar, restaurant, or another establishment that served alcohol to a minor who went on to cause the crash. Additionally, the state’s social host laws allow you to bring a claim against nearly anyone who provides alcohol to an individual who subsequently causes a drunk driving accident.

In the case of a dram shop claim, you must prove the following elements:

  • The establishment provided (or sold) alcohol to someone underage
  • The underage individual caused the accident while impaired by the alcohol provided by the establishment
  • The accident was the proximate cause of your injuries/damages

To bring a claim under North Carolina’s social host laws, you will have to demonstrate the following:

  • The “social host” provided alcohol to the person who caused the crash
  • The crash occurred while the individual was impaired
  • The social host knew or should have known that the individual was intoxicated
  • The social host had reason to believe the individual would operate a motor vehicle after being served alcohol

While most dram shop cases in North Carolina involve minors, social host claims generally apply regardless of the age of the drunk driver.

Why Is Drunk Driving Important in Car Accident Cases?


The majority of personal injury cases, including auto accident claims, are settled outside of court. However, the anticipated reaction of a jury can go a long way toward strengthening a victim’s hand at the negotiating table—and it doesn’t take a rocket scientist to know that most juries will not side with the drunk driver. Insurance companies know this, which is why they are often more willing to settle drunk driving accident claims.

Drunk driving is also an important element of a car accident case because it could lead to a dram shop or social host claim. This could allow you to obtain additional compensation that would not otherwise be available in a standard car accident case.

Frequently Asked Questions


How can a Wilmington drunk driving accident lawyer help with my claim?

A drunk driving lawyer in Wilmington, NC will gather evidence, negotiate with insurance companies, and pursue every possible avenue for compensation. Our attorneys ensure your rights are protected and fight for the maximum recovery available.

What compensation can I recover after a drunk driving accident in North Carolina?

Victims can recover damages for medical expenses, lost income, pain and suffering, property damage, future care needs, and—when warranted—punitive damages. Speak to a North Carolina drunk driving attorney to evaluate your case.

What if the drunk driver was uninsured or underinsured?

If the at-fault driver doesn’t have enough insurance, your own uninsured/underinsured motorist policy may provide additional coverage. We help clients in Wilmington, Clinton, Supply, Jacksonville, Wallace, and Whiteville navigate these claims.

Are there deadlines for filing a drunk driving injury claim in North Carolina?

Yes. Generally, you have three years from the date of the accident to file a personal injury claim in North Carolina. It’s important to speak to an attorney promptly to ensure your case is filed on time.

Do you serve clients outside Wilmington?

Yes, our legal team serves accident victims in Clinton, Supply, Jacksonville, Wallace, Whiteville, and throughout southeastern North Carolina.

Fighting for the Justice You Deserve


If you suffered catastrophic injuries or if your loved one was wrongfully killed by a drunk driver, David and Associates Injury Attorneys is here for you. We believe that you deserve justice, which is why we work tirelessly to hold the drunk driver (and other liable parties) accountable.

The best way to move forward after a drunk driving accident is to make sure you get the compensation you need for your lost earnings, medical bills, and the anguish you have gone through. Our Wilmington drunk driving accident lawyers have over 136 years of combined experience and have helped more than 65,000 clients. With offices located in Wilmington, Jacksonville, Wallace, and throughout southeastern North Carolina, our firm is ready to guide you through the legal process.

Call us 24/7 at 910-251-8088 or contact us online today for a free, no-obligation consultation.