One of the most important things to know about Charlotte car accidents involving alcohol or drugs is that North Carolina follows a strict contributory negligence rule.
This means that you can only recover compensation if you are found to be 0% at fault in an accident, unless you can prove that the other driver was acting “grossly negligent”, like in the case that they were driving impaired.
Because Charlotte is such a hard city to recover damages in, it is imperative to hire an experienced lawyer who has worked on injury cases where the at-fault driver was impaired so that you can achieve maximum compensation for your damages.
In this guide, our Charlotte DUI accident lawyers will walk through the key legal considerations in these cases, including how fault is determined, what compensation may be available, and how early action can protect your claim. We’ll also explain how North Carolina’s contributory negligence rule plays a central role in the outcome of your case—and why legal support matters more than you might think.
The Importance of Legal Representation
When you’re dealing with the aftermath of an accident caused by a drunk or drug-impaired driver, the situation may seem black and white. But even in cases where the other driver was arrested or charged, your right to compensation in a civil case still depends on establishing clear liability—and avoiding any indication that you may have contributed to the crash.
North Carolina follows a strict legal standard known as pure contributory negligence. This means that if you’re found to be even 1% at fault for the accident, you may be completely barred from recovering damages. Insurance companies are well aware of this rule and may try to use it to their advantage, even in impaired driving cases.
For example, they might argue that you were speeding, distracted, or failed to take evasive action—anything that could suggest partial responsibility.
That’s why legal representation is not just about filing paperwork or negotiating with insurers. It’s about making sure your side of the story is told clearly and backed by solid evidence.
When alcohol or drugs are involved, your attorney can help gather the police report, toxicology results, witness statements, and any footage or photos that show the other driver’s reckless behavior. This helps reinforce your position and protect your right to full compensation.
How Liability Is Determined Under North Carolina Law
In North Carolina, determining liability in a car accident depends on more than just who caused the crash. It involves examining the actions of everyone involved to see if any behavior may have contributed.
That’s where the contributory negligence rule comes into play. Even if the other driver was intoxicated, your own actions can still be scrutinized. And if the insurance company or their legal team can prove that you were even slightly at fault, your claim may be denied entirely.
To determine fault, investigators typically rely on:
- Police reports and citations (especially DUI charges)
- Statements from those involved and any witnesses
- Physical evidence, such as vehicle damage or skid marks
- Video footage from traffic or surveillance cameras
- Toxicology reports and sobriety test results
While impaired driving is a criminal offense, the outcome of a criminal case does not automatically determine the result of a civil injury claim.
This makes it even more important to ensure that the evidence in your personal injury case stands on its own, particularly when compensation for medical bills, lost income, and pain and suffering is on the line.
Why Establishing Fault Early Is Essential
Time matters in any car accident case—but it matters even more when alcohol or drugs are involved. While the police may collect evidence at the scene and issue citations, that information can fade quickly.
Witnesses may forget details, traffic footage can be deleted, and injuries may heal without proper documentation. The sooner you begin building your case, the better chance you have of preserving critical evidence that proves you were not at fault.
Early fault determination also affects how your case is negotiated. If the other driver’s responsibility is clear and supported by evidence, their insurance company may be more likely to settle without prolonged delays. But if any questions about fault remain, even minor ones, it can open the door to disputes or denials—especially under North Carolina’s strict fault rules.
Taking action early helps prevent that from happening. It allows your version of events to be documented thoroughly, with evidence that supports your claim and minimizes the risk of blame being unfairly shifted onto you.
The Direct Impact of Shared Fault on Compensation
Because North Carolina’s contributory negligence rule leaves no room for partial fault, your financial recovery depends entirely on proving that the other driver was solely responsible.
This includes damages for:
- Emergency medical care and follow-up treatment
- Lost wages from time missed at work
- Property damage, including vehicle repair or replacement
- Long-term care or rehabilitation needs
- Pain and suffering, emotional distress, and diminished quality of life
If the at-fault driver was intoxicated at the time of the crash, you may also be entitled to punitive damages in some cases. These are designed to punish particularly reckless or dangerous conduct, such as drunk driving with a high blood alcohol level or repeat offenses. However, punitive damages are not guaranteed and must meet strict legal standards.
Even In Cases Involving Obvious Impairment, The Insurance Company May Attempt To Minimize Your Payout By Questioning The Severity Of Your Injuries Or Arguing About Pre-existing Conditions. That’s Why Strong Documentation And Clear Fault Determination Are Essential To Recovering The Full Amount You’re Owed.
What Compensation Is Available After an Accident Involving Alcohol or Drugs
When you’re injured in a crash caused by an impaired driver, the losses often go far beyond immediate medical expenses. North Carolina law allows victims to seek compensation for a wide range of damages, especially in cases where the at-fault driver was under the influence of alcohol or drugs.
You may be entitled to recover economic damages, which cover the direct financial impact of the accident. These typically include emergency room visits, surgeries, physical therapy, follow-up care, prescription medication, and any anticipated future medical costs. Lost income is also recoverable, whether it’s from missing a few days of work or a long-term inability to return to your job.
In addition to financial costs, victims often face lasting emotional and physical hardship. Non–economic damages may be awarded for pain and suffering, emotional distress, loss of enjoyment of life, or permanent disfigurement. These damages reflect the toll an accident takes on your daily life and well-being.
In certain cases, punitive damages may also be awarded. These are not tied to your injuries, but are intended to punish the at-fault driver for especially reckless behavior—such as driving with a very high blood alcohol concentration or having prior DUI convictions. While not guaranteed, punitive damages can significantly increase the total compensation in impaired driving cases.
The amount you may receive depends on the strength of your evidence, the extent of your injuries, and the ability to prove the other driver was entirely at fault. Because North Carolina bars recovery if you’re found even slightly responsible, it’s especially important that your claim is supported by clear documentation and strong legal advocacy from the outset.
Key Steps to Take After an Accident Involving Alcohol or Drugs
The moments immediately following a crash are often overwhelming—but the decisions you make during this time can have a lasting impact on your health, your recovery, and your ability to pursue compensation.
If you suspect the other driver was under the influence of alcohol or drugs, there are specific actions you should take to protect both your well-being and your legal claim.
Call 911
First and foremost, call 911 right away and wait for law enforcement to arrive. Don’t assume that the situation will resolve without their involvement.
When officers respond to the scene, they will assess the circumstances, observe the behavior of those involved, and conduct sobriety testing if there are signs of impairment. The resulting police report and any DUI charges or citations will serve as crucial evidence if you decide to pursue a personal injury claim.
Seek Medical Attention
Next, you should seek medical attention immediately, even if you believe your injuries are minor or you feel “fine” in the moment. Some injuries—especially soft tissue trauma, concussions, or internal damage—may not present symptoms right away.
Medical professionals can identify hidden injuries early, and your treatment records will help establish a clear link between the accident and your condition.
Document The Scene
If you’re physically able and it’s safe to do so, document the scene while you‘re still there. Take photos of all vehicles involved, any visible injuries, road conditions, skid marks, license plates, and surroundings.
If you notice any signs of intoxication—such as open containers, slurred speech, bloodshot eyes, or unsteady behavior—make a note or capture photo/video evidence if possible without putting yourself at risk.
Don’t Admit Fault
It’s also important to limit what you say at the scene. Do not admit fault, speculate about what happened, or apologize—even casually. While it might feel natural to say something sympathetic, statements like “I didn’t see them” or “I’m sorry” could later be used to suggest that you bear some responsibility for the crash.
Avoid Speaking With The Insurance Company Without Representation
Avoid speaking directly with the at–fault driver’s insurance company before seeking legal guidance. Insurance adjusters may seem helpful, but their goal is to protect their company’s bottom line.
They may ask leading questions or take your comments out of context to try to shift blame or minimize your injuries. Let a legal professional handle communication to ensure your rights are protected from the start.
Contact Auger & Auger for Legal Guidance
Drunk and drug-impaired drivers have no place on North Carolina’s roads—and when their decisions cause injuries, they should be held accountable. But under the state’s strict contributory negligence laws, proving fault and protecting your claim requires careful documentation and a strong legal strategy.
At Auger & Auger, we’ve spent over 25 years helping injured victims across North Carolina navigate their claims with confidence. If you or a loved one has been hurt in a crash involving an impaired driver, don’t wait.
We offer a free, no-obligation consultation to discuss your options—and with our Zero Fee Guarantee, you won’t pay anything unless we recover compensation on your behalf.
Your next steps matter. Let’s take them together.
