North Carolina Car Accident Attorneys
Fighting Tirelessly to Protect Your Rights & Your Recovery
Have you or a family member been seriously injured in a car accident in North Carolina? Any type of vehicle accident—truck, motorcycle, SUV, etc.—may have serious consequences for victims, including physical injuries, financial problems, and emotional trauma.
It’s important to consider your potential right to monetary compensation, as this may significantly improve your ability to rebuild and move on with your life.
Thousands of innocent people are killed and countless more are seriously injured in auto accidents every year. If you are the victim of a motor vehicle accident, it’s in your best interest to speak with an attorney about your legal rights and options.
A North Carolina car accident lawyer at Lanier Law Group can review the facts of your claim, speak with your insurance company, and help you get the claims process started.
Common Types of Car Accidents
A car accident, also known as a traffic collision, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other obstacles. Car accidents can result in varying degrees of damage to vehicles, injuries to occupants, and even fatalities. They can happen due to various factors such as human error, mechanical failure, adverse weather conditions, or road hazards.
Here are some common types of car accidents:
- Rear-end collision: This happens when one vehicle crashes into the back of another vehicle, often due to sudden braking or tailgating.
- Head-on collision: This occurs when the front ends of two vehicles collide with each other, often resulting in severe injuries or fatalities.
- Side-impact collision (T-bone): In this type of accident, one vehicle crashes into the side of another vehicle, forming a “T” shape. These accidents commonly occur at intersections.
- Sideswipe collision: This occurs when the sides of two parallel-moving vehicles make contact with each other, often due to improper lane changes or drifting.
- Single-vehicle accident: This involves only one vehicle and can include running off the road, hitting a stationary object, or overturning.
- Multi-vehicle pileup: Also known as a chain reaction collision, this involves three or more vehicles colliding with each other in a series of impacts, often on highways or in dense traffic.
- Rollover accident: This occurs when a vehicle tips over onto its side or roof, often due to sharp turns, high speeds, or collisions.
Car accident statistics are rather disheartening. Every year, tens of thousands of people lose their lives and millions more are injured in these accidents.
Common Causes of Car Accidents
Car accidents can occur due to a variety of factors, often involving a combination of human error, environmental conditions, and mechanical failures. Here are some common causes of car accidents:
- Distracted driving: One of the leading causes of accidents, distracted driving includes activities such as texting, talking on the phone, eating, adjusting the radio, or interacting with passengers while driving, which diverts the driver’s attention from the road.
- Speeding: Driving at excessive speeds reduces the driver’s reaction time and increases the severity of accidents. Speeding also makes it harder to control the vehicle, especially in adverse weather conditions or on winding roads.
- Drunk driving: Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, significantly increasing the risk of accidents.
- Reckless driving: This includes behaviors such as tailgating, weaving in and out of traffic, disregarding traffic signals and signs, and aggressive maneuvers, which endanger both the driver and others on the road.
- Weather conditions: Adverse weather conditions such as rain, snow, ice, fog, or strong winds can reduce visibility, decrease traction, and affect vehicle control, leading to accidents.
- Fatigue: Driving while tired or drowsy impairs alertness and reaction time, increasing the likelihood of accidents. Fatigue can be caused by inadequate sleep, long hours of driving, or certain medications.
- Poor road conditions: Potholes, uneven surfaces, debris, and inadequate signage or lighting can contribute to accidents by causing loss of control, tire blowouts, or collisions.
- Mechanical failures: Malfunctions or defects in vehicle components such as brakes, tires, steering systems, or engines can lead to sudden breakdowns or loss of control, resulting in accidents.
- Failure to obey traffic laws: Violating traffic laws such as running red lights, failing to yield, improper lane changes, or illegal turns increases the risk of accidents and collisions with other vehicles or pedestrians.
Your Rights After an Accident
North Carolina follows a fault-based system for car accidents, meaning the driver who is found to be at fault for causing the accident is typically responsible for the resulting damages. This driver’s insurance company may be required to compensate the other parties involved in the accident for their losses. Keep in mind that the state follows a contributory negligence rule, which means that if a plaintiff is found to be even partially at fault for the accident, they may be barred from recovering damages.
While the insurance company should pay you a lump sum for all expenses relating to the accident, in many cases, it’s not enough.
As a car accident victim, you have legal rights that entitle you to compensation if you can establish that the accident was caused by the recklessness or negligence of another such as drunk driving, driving while tired, and texting while driving.
What to Do After a Car Accident Injury?
If you got injured in a car accident, it is important to seek professional medical treatment for your injury. It is also necessary to contact an experienced personal injury attorney to help protect and assert your legal rights. A lawyer may be able to gather evidence such as police reports, witness statements, and photographs of the accident scene that will strengthen your case. An attorney can also advise you in terms of filing an insurance claim with the at-fault driver’s insurance company or pursuing a lawsuit if necessary. After suffering a car accident injury, it is important to seek both medical care and qualified legal help to ensure that your needs are met.
At our firm, we can help establish that another party was at fault and is thus liable for damages.
Our objective is to help you recover the compensation needed for medical bills, lost income, pain and suffering, mental anguish, property damage, and more.
What Damages Can You Recover from a Car Accident Claim?
In North Carolina, there are several options for recovering compensation following a car accident. These are outlined in more detail below.
From The At-Fault Party’s Insurance Company
- Property damage: If your vehicle was damaged during the accident, the at-fault party’s insurance company is responsible for paying for the repairs and providing you with a rental car until your vehicle has been fixed. If your car was damaged beyond repair (the cost of repair exceeds 75% percent of the fair market value of the car), the at-fault driver’s insurance company is required to pay you for what your car was worth.
- Bodily injury: Once you have completed all medical treatment for any injuries you sustained during the accident, the insurance company will usually settle your case for one lump sum. You may be entitled to seek compensation for your medical expenses, lost income, pain and suffering, mental anguish, disfigurement, scars, and any permanent injuries.
From Your Auto Insurance Company
If you have automobile insurance, you should use it to the full extent that you have coverage.
- Medical Payment Coverage: If you have this coverage through your auto insurance, your insurance company should pay you the amount of your medical bills until you have reached the pre-selected coverage amount.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver does not have adequate insurance to cover your damages, then your insurance company should compensate you for your injuries as long as you have Underinsured Motorist Coverage.
- Collision Coverage: If the at-fault party’s insurance company takes a long time to accept liability, repair your car, or pay you for the total loss of your car, then you can use your collision coverage. Although you will have to pay the deductible, you can eventually recover it as soon as the at-fault party’s insurance company accepts or is forced to accept liability.
Punitive Damages
In addition to compensatory damages, you may also be able to recover punitive damages if you can prove the at-fault driver was negligent or reckless.
Punitive damages are commonly sought in cases in which the at-fault driver was driving recklessly or while impaired by alcohol or drugs.
How Do You Deal with Insurance Companies After an Accident?
The most important thing to remember is that the other driver’s insurance company is not on your side. Their goal is to resolve your claim quickly and with as little expense to them as possible.
This means they may do everything they can to strip you of your right to compensation or convince you to accept a lump sum amount that is significantly lower than what you could receive with the help of an attorney.
Call 919-342-1368 to schedule a free consultation with our experienced team.
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What Is the Time Limit for Filing a Claim in North Carolina?
All personal injury claims have a time limit called the statute of limitations. If you want to pursue a civil lawsuit against the person or corporation who caused your auto accident you must file your claim before the statute of limitations expires or your claim will be rejected.
In North Carolina, the time limit for injury and property damage claims is three years. In cases of a fatal car accident, the family of the deceased only has two years to file a wrongful death claim.
We have multiple offices across North Carolina to best serve you.
Contact Lanier Law Group as soon as you can after an accident to ensure you case is filed before the statute of limitations expires.
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