Understanding North Carolina Negligence Law
Under state and federal law in North Carolina, victims injured in a car crash caused by the negligence or recklessness of another person – called a “tort” ─ can file a civil action suit against the person who caused the harm.
If not settled first, the injured person, or claimant, files a lawsuit against the party who caused the injury (the defendant). If negligence is proven, the defendant must pay monetary “damages” to the injured person. Damages may include present and future loss of earnings, medical expenses, and pain and suffering.
To recover damages for the injured person, a skilled attorney must prove these elements of negligence:
- The defendant (the wrongdoer) had a duty to the injured person called the plaintiff.
- The defendant failed in that duty.
- The injured person was hurt as a result of the defendant’s breach of his or her duty, and
- Damages to the injured person resulted from the defendant’s breach.
As a general rule, every motorist on the road owes other road users a duty to operate his or her vehicle in a safe manner. When a motorist fails to drive safely and causes a crash, that motorist may be held responsible for any injuries and damages caused by the accident.
In many car accidents in North Carolina, the at-fault driver may try to argue that the injured plaintiff driver bears some fault for the accident. North Carolina remains one of the few states to follow the old contributory negligence rule. This rule states that an injured party may not recover any compensation if the injured party was partly at fault for the accident.
That is why you need experienced legal representation on your side. A lawyer is critical to ensuring you receive compensation for your injuries and damages when the other driver tries to claim that you were partly at fault for your accident.
Time Limit for Filing a Car Accident Lawsuit in North Carolina
If you’ve been injured or suffered damages in a car accident in North Carolina, you have a limited period of time to file a lawsuit for compensation. That time period is called the statute of limitations.
In North Carolina, the statute of limitations on a lawsuit for injuries suffered in a car accident is generally three years from the date of the accident. If you have a family member who was killed in a fatal car accident, a wrongful death lawsuit must be filed within two years from the date of the accident.
If you don’t settle or file a lawsuit before the North Carolina statute of limitations expires, the court will permanently dismiss your lawsuit. That means you will lose your right to seek compensation in court.
What to Do If You’ve Been Hurt in a Car Accident in Greensboro
Have you been injured in a car crash in Greensboro, NC, through no fault of your own? These steps can help give you the best chance at securing compensation for your injuries and damages:
- Call 911 or the police department. If you or someone involved in the accident is injured or in distress, call 911 to summon emergency medical services. Otherwise, contact the police department directly. An officer will come to the scene and prepare a police accident report.
- Get contact and insurance information from the other driver. That way, you will know who to contact if you later decide that you need to file a claim for damages.
- Take photos or videos of the accident scene. If possible, take photos or videos that show: damage to the vehicles; any skid marks on the road; traffic controls at the scene; and the traffic, road, lighting, and weather conditions at the time of the accident. If you suffered visible injuries, photograph those as well.
- Seek medical attention. The shock of an accident can mask pain and other symptoms of an injury. However, your physician or another health care provider can examine you and identify any injuries. This will allow you to begin treatment promptly. It can also show those injuries that were caused by your accident.
- Talk to a Greensboro car accident attorney. An attorney will advise you of your legal rights and options following your accident. The attorney can begin the process of investigating, collecting evidence, and filing a claim on your behalf with the insurance companies.
Tips for Dealing with Insurance Companies After a Car Accident
In North Carolina, automobile owners must carry proof of insurance coverage. If the other driver has no liability insurance or does not carry enough insurance to pay for your injuries, your own policy may provide you with uninsured or underinsured motorist benefits. When dealing with the insurance companies following your car accident, keep these tips in mind:
- The other driver’s insurance company is not looking out for your best interest. Insurance companies, even your own insurer, do not necessarily have your best interests as a priority. You may need compensation to help pay bills, but the insurance companies can be more concerned about turning a profit. They try to pay as little as possible on any claims. Insurance adjusters will try to get you to accept as little compensation as possible.
- The insurance company’s first offer usually is not their best offer. An attorney working on your behalf can almost always increase the insurance company’s offer of compensation. The attorney will use persuasive legal arguments during negotiations.
- If you are asked to give a statement to an insurance adjuster, tell the insurance company to speak with your attorney. If you must speak directly with the insurance company or give a statement about the accident, stick to the facts as you remember them. The insurance company may use anything you say as evidence that you were partially at fault for your accident and deny your compensation.
- Before signing anything, have an attorney review documents the insurance company gives you. An attorney can review documents to ensure that you aren’t signing away important rights or giving up rights to damages.
Common Car Accident Injuries
Common Causes of
Car Accidents in Greensboro
Common causes of our client’s car accidents in Greensboro
and all over North Carolina include:
- Speeding
- Reckless or aggressive driving, such as excessive speeding or weaving through traffic
- Following too closely (tailgating)
- Unsafe lane changes, including failing to signal or check mirrors and blind spots
- Unsafe turns, such as from failing to signal or failing to yield to oncoming traffic or traffic and pedestrians in the intersection
- Failure to yield at signs or yield the right of way
- Failure to stop at stop signs and red lights
- Drowsy or fatigued driving
- Driving under the influence of alcohol or drugs
- Distracted driving, usually due to cell phone use, adjusting car radio or navigation units, or interacting with other occupants of the vehicle
- Inexperienced drivers
Common non-driver related causes of car accidents include snow, ice, or pooled
water on road surfaces, potholes and broken pavement, low lighting or low visibility
caused by heavy precipitation or fog.
Talk to a Greensboro
Car Accident Attorney Now
The experienced Greensboro car accident attorneys at Ward Black Law, have years of experience representing victims of auto accidents all across North Carolina. Our legal team can answer your questions and conduct a free case review. Contact our firm for a free, no-obligation case evaluation by phone, in person, or online. You can discuss the details of your case and learn more about your legal rights and options for pursuing compensation for your injuries and damages.
Contact our Greensboro car accident lawyers today by calling or texting us or filling out an online contact form.