Car Accident Laws in North Carolina: Key Legal Facts and How LegalChiefs.com Can Help
Understanding car accident laws specific to North Carolina is crucial if you’ve been involved in an accident here. While some regulations are similar across states, North Carolina has distinct laws that may impact your rights and compensation options. Here’s what you need to know.
Statute of Limitations for Car Accidents in North Carolina:
The statute of limitations is a legal time limit on how long you have to file a lawsuit after an accident. In North Carolina, you have three years from the date of the accident to file a civil lawsuit for any injury or property damage caused by the incident. This three-year deadline applies whether you were a:
- Driver
- Passenger
- Motorcyclist
- Bicyclist
- Electric scooter rider
- Pedestrian
Filing within this timeframe is essential; missing the deadline may mean forfeiting your right to seek any compensation. Given the importance of this deadline, it’s wise to consult with a knowledgeable attorney who can guide you through the process and ensure your claim is filed on time.
Contributory Negligence Rule in North Carolina:
North Carolina is one of the few states that still adhere to the contributory negligence rule, which is one of the strictest negligence standards in the country. Under this rule, if you are found even partially at fault for the accident—by as little as 1%—you could be barred from recovering any compensation.
For example, if the insurance company claims that you stopped suddenly or didn’t signal, they might use this to argue that you contributed to the accident, which would prevent you from receiving damages. This rule makes it especially important to work with an experienced attorney who can help build a strong case to counter any accusations of fault.
Steps to Take After a Car Accident in North Carolina:
- Check for Injuries: Prioritize safety by checking yourself and others involved for injuries, and call 911 if needed.
- Document the Scene: Take photos of the accident site, vehicle damage, and any visible injuries. This can serve as crucial evidence in your claim.
- Exchange Information: Get contact and insurance details from the other driver(s). If there are witnesses, collect their contact information as well.
- Notify the Police: North Carolina law requires that accidents involving injury, death, or property damage exceeding $1,000 be reported to the police. Obtain a copy of the police report, as it may be essential for your case.
- Report to Your Insurance Company: Contact your insurance provider promptly to begin the claims process.
Why Work with a Car Accident Attorney in North Carolina?
Due to North Carolina’s contributory negligence law, working with an experienced car accident attorney can greatly improve your chances of success. A skilled attorney can:
- Help gather and present evidence to reduce or eliminate any claims of fault against you
- Handle negotiations with insurance companies
- Guide you through the legal process to maximize your chance of receiving fair compensation
LegalChiefs.com: Helping You Find a Qualified Car Accident Attorney in North Carolina:
Navigating North Carolina’s car accident laws can be challenging, especially with the contributory negligence rule in place. LegalChiefs.com connects you with trusted attorneys specializing in car accident cases across North Carolina, ensuring you find the right legal support when you need it most. With Legal Chiefs, you can quickly locate experienced attorneys who understand North Carolina’s unique car accident laws and are dedicated to protecting your rights.
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Visit LegalChiefs.com to connect with a top-rated North Carolina car accident attorney and get the legal help you deserve.
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Auto Accident FAQ
What should I do immediately after an auto accident?
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Should I seek medical treatment after an auto accident, even if I feel fine?
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
Do I have to go to court if I decide to file an auto injury claim?
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
What information is necessary when filing auto accident claims?
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
What if the accident was partly my fault?
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation. There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
What if the at-fault driver doesn’t have insurance, or I’m the victim of a hit-and-run accident?
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver. Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
What type of damages could I be entitled to in an auto accident case?
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages. Compensatory damages are the most common type of damages in a personal injury claim, and they often include: ● Current and future medical bills ● Property damage ● Emotional duress ● Lost wages ● Loss of enjoyment of life ● Loss of future earnings potential On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.