Hit by a Drunk Driver: What to Do Step by Step

The Bottom Line

Being hit by a drunk driver is disorienting and frightening, but what you do in the first 30 minutes, 24 hours, and first week directly shapes the strength of both your insurance claim and any future lawsuit. Do not confront the impaired driver. Call 911, document the scene, get medical attention within 24 hours, and understand that you are now on two parallel tracks -- a criminal case handled by the state and a civil case you control. This guide walks you through each phase so you know exactly what to do and when.

The First 30 Minutes: Scene Safety and Documentation

The moments after a drunk driving accident are chaotic. Your adrenaline is surging. The other driver may be stumbling, belligerent, or unconscious. Here is what to do -- and what not to do.

Do Not Confront the Impaired Driver

This is the most important safety instruction. An intoxicated person is unpredictable. They may not understand what happened, may become aggressive, or may try to flee. Do not approach them, do not argue with them, and do not try to prevent them from leaving. Stay in your vehicle with the doors locked or move to a safe location away from traffic.

Call 911 Immediately

Tell the dispatcher you have been in an accident and that you believe the other driver is intoxicated. Mention any specific observations: the smell of alcohol, slurred speech, open containers visible in the vehicle, erratic behavior. This information helps law enforcement prioritize the response and prepare for a DWI investigation.

Document Everything You Can Safely Capture

While waiting for police, use your phone to document:

• Photos of both vehicles from multiple angles showing damage
• Photos of the scene including traffic signals, road conditions, skid marks, and debris patterns
• Photos of the other driver if you can capture them safely from a distance (their appearance and behavior may be relevant)
• Video of the scene if safe to do so -- video captures ambient sounds and the other driver's behavior that photos cannot
• The other driver's license plate number in case they attempt to leave before police arrive
• Names and contact information of witnesses who saw the accident or the other driver's impaired behavior

What to Expect from Police

When officers arrive at a suspected DWI crash, the response is different from a typical accident. Expect:

• Separate interviews. Officers will talk to you and the other driver separately. Be cooperative and truthful. Describe what happened and what you observed about the other driver.
• Field sobriety testing. Officers will likely administer standardized field sobriety tests to the other driver. You may see the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test.
• Breathalyzer or chemical testing. If the officer has probable cause, they will request a breath or blood test from the other driver.
• Arrest. If the evidence supports it, the officer will arrest the other driver for DWI at the scene. This happens before you leave.
• Crash report. The officer will complete an accident report documenting both the collision and the DWI investigation. This report becomes critical evidence in your civil case.

The First 24 Hours: Medical Care and Insurance Notification

Get a Medical Evaluation

Even if you feel fine, see a doctor within 24 hours. Adrenaline masks pain. Soft tissue injuries, concussions, and herniated discs commonly have delayed onset. A medical evaluation within 24 hours creates the documented connection between the accident and your injuries that your claim requires.

Go to the emergency room if you have any immediate symptoms -- head pain, dizziness, neck or back pain, difficulty breathing, numbness. If symptoms are not acute, an urgent care visit or same-day appointment with your primary care doctor accomplishes the same documentation purpose.

Notify Your Insurance Company

Call your own insurance company within 24 hours to report the accident. You are reporting the accident to your insurer, not filing a claim against your own policy (though you may need to depending on how the claim develops).

Provide the basic facts: date, time, location, that the other driver was arrested for DWI, and that you are seeking medical treatment. Do not speculate about fault, do not minimize your injuries, and do not agree to a recorded statement without understanding your rights.

Do Not Talk to the Other Driver's Insurance Yet

The at-fault driver's insurance company may contact you within hours. You are under no obligation to speak with them, give a recorded statement, or accept any offer. Politely tell them you will respond after you have consulted with an attorney and understand the full extent of your injuries.

The First Week: Evidence Preservation and Legal Strategy

Understand the Two Parallel Tracks

After a drunk driving accident, you are involved in two separate legal proceedings:

The criminal track is the State of North Carolina vs. the drunk driver. The district attorney prosecutes the DWI charge. You are the victim, not a party. You do not control this case, but you have rights within it.

The civil track is your claim for compensation against the drunk driver (and their insurance). You control this case. You decide whether to file an insurance claim, hire an attorney, file a lawsuit, and accept or reject settlement offers.

These tracks run simultaneously and independently. The criminal case does not need to be resolved before you pursue your civil claim. However, the outcome of the criminal case -- particularly a conviction -- significantly strengthens your civil case.

Preserve All Evidence

In the first week, focus on preserving evidence that may disappear:

• Request surveillance footage. If the accident happened near businesses with security cameras, contact them immediately. Most systems overwrite footage within 7 to 30 days.
• Photograph your injuries. Take daily photos of bruising, swelling, cuts, and any visible injuries as they develop and change.
• Keep your damaged vehicle as-is. Do not repair it until it has been photographed and inspected by your insurance adjuster and potentially by your attorney's expert.
• Save all documents. Medical records, bills, police reports, insurance correspondence, tow receipts, rental car agreements.
• Create a journal. Write daily notes about your pain levels, symptoms, how the injuries affect your daily activities, sleep disruption, and emotional state. This contemporaneous record is powerful evidence of pain and suffering.

Consult an Attorney

Drunk driving accident cases are almost always worth an attorney consultation, and most personal injury attorneys offer free initial consultations. An attorney can evaluate:

• The strength of your claim and estimated value
• Whether to wait for the criminal case outcome before settling
• Whether punitive damages may apply
• Whether dram shop liability creates additional sources of recovery
• How to coordinate the criminal restitution process with your civil claim

Register as a Crime Victim

Contact the district attorney's office in the county where the accident occurred. Tell them you are the victim and want to register for case notifications. This ensures you know when hearings are scheduled, whether plea negotiations are happening, and when sentencing occurs -- all of which may affect your civil claim strategy.

How to Get the Police Report

The crash report is typically available 7 to 14 days after the accident. You can obtain it through:

• NC DMV online at NCDOT.gov (search for crash reports)
• The responding law enforcement agency -- municipal police department, county sheriff, or NC Highway Patrol depending on who responded
• Your attorney can request it on your behalf

The report will document the officer's observations, the results of field sobriety tests, whether a breathalyzer or blood test was administered, and the DWI charge. This document is foundational evidence for your civil claim.

How the Criminal Case Outcome Affects Your Civil Claim

The criminal DWI case and your civil claim interact in important ways:

A DWI conviction establishes negligence per se in your civil case -- the drunk driver violated a safety statute, and that violation is presumed to be negligent. This effectively eliminates the fault dispute in your civil claim and gives you significant leverage in settlement negotiations.

A guilty plea has the same effect as a conviction for civil purposes. The driver has admitted to driving while impaired.

An acquittal or dismissal does not prevent you from pursuing your civil claim. The standard of proof in criminal cases (beyond a reasonable doubt) is much higher than in civil cases (preponderance of the evidence). A driver who is acquitted criminally can still be found liable civilly. However, the absence of a conviction removes the negligence per se shortcut and makes the case more work.

Frequently Asked Questions

Frequently Asked Questions

Should I confront the drunk driver at the scene?▾

No. Never confront an impaired driver. They may be unpredictable, combative, or unaware of the severity of the situation. Stay in your vehicle or move to a safe location away from traffic and the other driver. Call 911 immediately and let law enforcement handle the interaction. Your safety is the priority, not gathering a confession.

How do I get a copy of the police report after a drunk driving accident in NC?▾

You can request the crash report from the NC DMV online at NCDOT.gov, by mail, or in person. Reports are typically available 7 to 14 days after the accident. You can also request it from the local law enforcement agency that responded to the scene. The report will document the DWI arrest, field sobriety test results, and the officer's observations about the other driver's impairment.

Can I file a civil lawsuit while the criminal DWI case is still pending?▾

Yes. The criminal case and the civil case are completely separate proceedings. You do not need to wait for the criminal case to finish before filing your civil claim. However, many attorneys recommend waiting strategically because a DWI conviction strengthens your civil case significantly. The key constraint is the statute of limitations -- you have three years from the date of the accident to file a personal injury lawsuit in NC.

What if the drunk driver's insurance company contacts me before I have a lawyer?▾

Be cautious. You are not required to give a recorded statement to the other driver's insurance company. Politely decline and tell them you will respond after consulting with an attorney. Anything you say in a recorded statement can be used to minimize your claim. The insurer's goal is to settle quickly and cheaply -- your goal is to understand the full extent of your injuries and damages before agreeing to anything.

Do I have the right to be notified about the drunk driver's criminal case?▾

Yes. Under North Carolina's Crime Victims' Rights Act (N.C. Gen. Stat. 15A-830 through 15A-841), you have the right to be notified of significant proceedings in the criminal case, including court dates, plea negotiations, sentencing, and the offender's release. You must register with the district attorney's office as a victim to receive these notifications.