Durham Drunk Driving Accident Lawyers

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FAQs for a Durham Drunk Driving Accident Lawyer

What Should I Do After a Drunk Driving Accident in Durham, NC?

After being involved in a drunk driving accident, first it is important to make sure everyone is safe.  If you suspect the other driver is drunk, you must contact the police.  It is critical to get police to the scene to document the accident and injuries and also the intoxicated state of the other driver.  That’s the only way to prove intoxication.  If possible, don’t move your car because car positioning is important for determining fault.  Once you’ve ensured that you’re safe and not in danger of additional injury, it’s important to take pictures and document everything you can about the accident.  That includes getting the names and phone numbers of witnesses if possible.  Then, contact a Durham drunk driving accident lawyer as soon as you can.

What Should I NOT Do After a Drunk Driving Accident in Durham, NC?

The worst things you can do after being involved in a drunk driving accident are 1) not calling the police; 2) moving your vehicle; and 3) not taking pictures.  Whether it’s the smell of alcohol or other narcotics, it’s helpful to tell the officer what you saw after the collision (driver was stumbling around, threw something off the road, etc).  There’s only one chance to gather this information and evidence before it is lost.  But if you’re severely injured, you might not have the opportunity.  That’s why you should contact a Durham drunk driving accident lawyer as soon as possible.   

Should I Talk to the Insurance Company After a Durham Drunk Driving Accident?

Absolutely not.  Talking to the insurance company after any car accident can be dangerous, but insurance companies really hate drunk driving accidents and will try to deny you the full recovery you’re entitled to (like punitive damages).  Remember that the insurance adjuster is not interested in the truth or just “getting your side” of the events.  Other than releasing your vehicle to the insurance carrier so they can safely store your vehicle while the claim is negotiated, we recommend not speaking with the insurance company without talking to a lawyer first.  Sadly, we often have to educated adjusters on the law in North Carolina as well.

What Is the Statute of Limitations for Durham Drunk Driving Accidents?

For Durham drunk accident claims, you have three (3) years from the date of the accident in order to file a claim against the at-fault party.  That is true for both property damage claims as well as personal injury claims.  Children under the age of 18 may have a longer deadline for their personal injury claims.  Failing to file a claim on time is the #1 reason that cases get dismissed, so it is important to talk to a lawyer as soon as possible following an accident.

How Much Is the Average Settlement for a Drunk Driving Accident in Durham, NC?

Every drunk driving accident in Durham, NC is different so determining the “average” settlement for a Durham drunk driving accident claim isn’t possible or even necessarily helpful.  Be skeptical if other lawyers or law firms talk about “average” settlements because that means they are handling a volume of claims and not assessing each claim closely.  However, the factors that affect how much money you could receive in a car accident settlement include:

• The severity of the injuries
• The amount of auto insurance (coverage) the at-fault driver has
• Who is at-fault
• If you suffered any permanent disability or scarring

For drunk driving claims, the #1 factor for settlement value is the amount of available insurance coverage.  These claims often get the full limits of insurance (or close to).  The minimum coverage limits for vehicle insurance recently increased (up to $50,000 per person, $100,000 per accident), so the good news is overall case values have generally increased.

How Do Insurance Policy Limits Affect My Durham Drunk Driving Accident Claim?

This is especially true for drunk driving accident claims, but the amount of insurance coverage the at-fault driver has can affect the amount of compensation injured parties could receive after a drunk driving accident. These claims regularly pay out at or near the limits of available insurance coverage.  If the at-fault driver has only the minimum insurance coverage, their policy might not be enough to fully compensate the victim for their injuries and damages.

But there’s good news in North Carolina.  For policies issued after July 2025, drivers are now required to carry minimum policy limits of $50,000 per person and $100,000 per accident.  That’s an increase from the old $30,000/$60,000 limits.

Who Is Liable for Drunk Driving Accidents in Durham, NC?

Determining who is liable (or “at-fault”) for a Durham drunk driving accident is not always clear cut.  But there are some general rules of thumb.  While it is true that intoxicated drivers are usually at-fault, that is not always the case.  A passenger in a drunk driver’s vehicle may have difficulty proving fault because they were also arguably to blame for riding with a drunk driver.  But if you’re rear-ended, the drunk driver is typically at-fault.  If the drunk driver ran a red light or stop sign, they are typically at-fault.  If the drunk driver hits a pedestrian in a crosswalk, the driver is typically at-fault.  An experienced drunk driving accident lawyer can assess your situation.

How Does an Insurance Company Determine Who Is At-Fault in a Drunk Driving Accident in Durham, NC?

Most importantly, remember that insurance companies are not the authority on who is or is not at-fault in a motor vehicle accident (though they act like they are).  Insurance companies have a financial interest in not paying claims, and they will frequently deny claims simply to avoid having to pay them.  Our Durham drunk driving accident lawyers frequently represent clients in claims where the insurance carrier has denied liability.  It’s important to talk to an experienced lawyer first.

What Is Contributory Negligence in Durham DWI Accident Claims?

Contributory negligence is a law in North Carolina that prohibits drivers from recovering damages for injuries they suffered in an accident if the injured driver was responsible for causing the accident.  This is true even in drunk driving accidents, frequently when the injured victim was also drinking.  The law is very unfair and very outdated (only three (3) states still follow it), but good Durham drunk driving accident lawyers understand how to respond and defend against contributory negligence arguments.

How Does Contributory Negligence Affect My Durham Drunk Driving Claim?

Insurance carrier love the idea of contributory negligence because it gives insurance companies an excuse to deny a claim if there is any plausible scenario where the injured driver might be partially at-fault.  So the threat of contributory negligence may slow down your claim if the insurance carrier wants to hide behind that defense to avoid paying your claim.  This is true even for drunk driving claims. However, contributory negligence must be proven by the insurance carrier, which requires evidence and witness testimony like any other claim.  It is rarely an issue in drunk driving accidents but unique situations do arise.

How Is Pain and Suffering Calculated for Drunk Driving Accident Cases in Durham, NC?

No matter the kind of accident, there is no exact formula or methodology for calculating pain and suffering in North Carolina.  The facts of every case are different and so are the victims.  A head injury could be catastrophic to one victim, but that same injury could be less consequential to someone else.  But there are rules of thumb that lawyers and insurance carriers often follow for standard car accidents.  Typically, an insurance carrier will offer 1-2x the total amount of medical expenses in a case to account for the injured party’s pain and suffering.  Given the threat of punitive damages for drunk driving cases, we often see pain and suffering + punitive damages closer to the range of 7-10x the total amount of medical expenses (and maybe more).

Do I Get Pain and Suffering Damages for Durham Car Accident Claims?

In most cases, yes.  Almost any Durham drunk driving accident settlement or jury award is going to include some amount for pain and suffering as long as there was some kind of bodily injury.  In many cases, pain and suffering is the largest component of damages.  The amount of pain and suffering from a car accident is typically where most negotiating takes place when trying to resolve a car accident claim.  In order to receive the full and fair amount of pain and suffering you deserve, you’ll need to hire an experienced drunk driving accident attorney to help.   

Will the Insurance Company Pay for My Medical Bills After an Drunk Driving Accident in Durham, NC?

Yes, but it’s a trick.  Insurance carriers will often offer to pay your medical bills after a Durham car accident to prevent you from talking to a lawyer and trap you into a quick settlement.  With a good Durham drunk driving lawyer by your side, you’re more likely to get your medical care paid for and medical bills reimbursed but in addition to even more, like pain and suffering, lost wages, and even punitive damages.

How Long Will It Take to Settle My Durham Drunk Driving Accident Claim?

For most cases, it takes an average of 4-6 months to settle your claims after you medical treatment is completed.  But each case is different and so are the injuries you might suffer in an accident.  For most claims, the longest waiting period is the amount of time it takes for the injured victim to heal following the accident and to get a full picture of their medical needs (both now and in the future).  You only get one chance at settlement; you can’t come back and ask for more money in the future. 

Will My Durham Car Accident Claim Go to Trial?

Very few cases (less than 2%) of filed civil cases, like drunk driving accident claims, actually go to trial.  The vast majority of cases settle either pre-suit (before a lawsuit is filed) or at some point during the litigation process (after a lawsuit is filed).  But given the chance of trial, it is a good idea to hire a good Durham drunk driving lawyer that regularly goes to trial and achieves big results (like the $2,900,000 verdict Osborn Injury Lawyers obtain in June 2026).

Do Any Durham Drunk Driving Accident Lawyers Provide Free Consultations?

Yes, Osborn Injury Lawyers offers 100% free and risk-free consultations and case evaluations..  While some law firms charge for consultations, our Durham drunk driving lawyers believe the path to justice should be accessible and free.