Key Takeaways
- Vehicle accidents are a common occurrence in North Carolina that can lead to severe trauma like spinal cord injuries, traumatic brain injuries, internal injuries, broken or dislocated bones, and lacerations or amputations.
- Common causes of accidents include speeding, disregarding traffic signals and road markings, failing to yield right of way, distracted or impaired driving, and crossing the center line.
- Working with an experienced car accident attorney can give you the best chance of recovering full compensation for your medical bills, lost wages, and other damages.
Types of Car Accidents Our Charlotte Motor Vehicle Accident Attorneys Help Car Accident Victims With
The qualified car accident lawyers at Brown, Moore & Associates, PLLC have extensive experience handling a wide variety of types of collisions. This includes, but is not limited to, the following:
- Passenger car accidents: Accidents between passenger cars are still the most common type of vehicle collisions that occur in and around the Charlotte area. This includes accidents involving sedans, pickup trucks, SUVs, etc.
- Commercial truck accidents: Accidents involving commercial trucks, including tractor-trailers, semi-trucks, tanker trucks, garbage trucks, and more, often result in severe injuries for those involved.
- Bicycle and pedestrian accidents: Bicyclists and pedestrians are among the most vulnerable groups of people who use the roadways. Pedestrians and bicyclists have very little protection from the force of a vehicle slamming into them, and they often sustain severe injuries when a collision occurs.
- Motorcycle accidents: Unfortunately, vehicle drivers often fail to pay much attention to motorcyclists, and this can lead to collisions that cause severe injuries for riders.
- Uber and Lyft accidents: Both Uber and Lyft are incredibly popular rideshare services in and around the Charlotte area. However, rideshare drivers are just as likely to be involved in accidents as anybody else.
- Roadway defect accidents: Municipalities, state agencies, and construction companies all play a role in ensuring roadway safety. However, there are times when agencies or companies cause roadway defects that become dangerous for drivers.
- Drunk and distracted driving collisions: Alcohol-impaired drivers and distracted drivers are dangers on the roadway. Accidents involving impaired or distracted drivers can be challenging, and victims deserve compensation.
Statistics for Car Accidents in North Carolina
If we look at the latest full year of data from the NC Department of Transportation, we see that there were more than 284,000 motor vehicle crashes reported. Out of those, there were:
- 1,732 fatalities
- 113,602 injuries
While many crash injuries are minor, we know that it is not uncommon for us to see the following:
- Spinal cord injuries (with possible paralysis)
- Traumatic brain injuries
- Internal organ damage/internal bleeding
- Broken or dislocated bones
- Severe lacerations or amputations
Each of these injuries requires immediate and often extensive medical care. Many crash victims need multiple surgeries and extended rehabilitation to make a full recovery. The medical costs can become tremendous.
Financial Compensation You Can Seek in a Charlotte Car Accident Lawsuit
What people do not often consider are the other hidden costs of a vehicle crash. In an effort to push for a quick settlement, insurance companies rarely offer compensation for the following:
- Lost income and benefits of a crash victim or a family caregiver
- Any necessary home or vehicle accommodations
- In-home care or therapy if a person is disabled
- Incalculable emotional and psychological damages
Causes of Car Accident Cases in Charlotte
Many fatal and injury-causing crashes are the result of negligent drivers. Some of the top contributing factors in NC are:
- Excessive driving speed/failure to reduce speed
- Disregard of traffic signals/road markings
- Failure to yield the right-of-way
- Inattention or distracted drivers
- Crossing the centerline/going the wrong way
- Alcohol or drug use
We want to make note of the dangers of impaired driving. For the latest reporting year, alcohol-impaired drivers were responsible for more than 12% of all traffic fatalities. Still, speeding causes more crashes and accounts for more than 21% of all fatal crashes.
In the immediate aftermath of a vehicle accident, you must seek medical treatment, even if you think your injuries are only minor. The full extent of many car accident injuries often does not manifest until hours or days later. By seeing a doctor, you are establishing a connection between your injuries and the crash.
What Steps Should You Take After a Car Accident?
If you or somebody you love has been involved in a vehicle accident in or around the Charlotte area, there are various steps that you can take immediately following the collision and in the days and weeks afterward to help ensure you have the best chance of recovering compensation. We understand that these steps may not all be able to be taken at once, and maybe not even in this order.
Right after a collision occurs, we recommend that those involved do the following:
- Dial 911: The police need to respond to just about every accident that occurs in the state of North Carolina. Law enforcement officials need to conduct a preliminary investigation and fill out a police report to be used by those involved and the insurance carriers.
- Seek medical care: Any person involved in a vehicle accident must seek medical care as soon as possible. By doing so, victims will establish a direct link between the accident and their injuries, something insurance carriers will look for.
- Gather evidence: If it is safe to do so at the scene of the crash, we always recommend that accident victims gather as much evidence as possible. This can include using a cell phone or another type of camera to take photographs of everything at the scene, including vehicle damage, causes of the crash, debris, car accident injuries, traffic and weather conditions, and more. Additionally, the names and contact information of any witnesses should be gathered.
In the days and weeks that follow a collision, there are other steps that drivers can take to help ensure their insurance claim or personal injury lawsuit will be successful. This includes:
- Contact an attorney: When you contact a Charlotte car accident lawyer, you will be gaining an advocate with the resources necessary to handle every aspect of your case. An attorney will take over all communication with other parties involved, including the insurance carriers. An attorney will also use their resources to gather additional evidence to help prove liability, including video surveillance from nearby buildings, information from law enforcement officials, and more.
- Continue all medical care: Any accident victim should continue all medical care until their doctor says they have reached maximum medical improvement.
Time Limit to File a Charlotte, NC Personal Injury Claim
Any person involved in a vehicle accident in North Carolina needs to be aware that they have a limited amount of time to file personal injury claims. First, we want to point out that there is no specific personal injury law put into place about how quickly your claim needs to be reported to insurance carriers. However, each insurance carrier will have auto accident reporting requirements that should be followed in order for your claim to be processed properly.
Additionally, if a car crash victim needs to file a personal injury lawsuit, they need to be aware that the North Carolina personal injury statute of limitations is three (3) years from the date an injury occurs. This means that a crash victim has a three-year window within which to file a lawsuit against the alleged negligent driver.
Wrongful Death Claims
If someone is involved in a fatal car accident, then the deceased victim’s family members would be able to file a wrongful death lawsuit with the help of a Charlotte, NC personal injury attorney.
This carries a different statute of limitations, which is two (2) years from the date of death. Failing to file a lawsuit within either of these applicable timeframes will result in the victim – or the victim’s family members in the event of a wrongful death — being unable to seek financial recovery. A Charlotte car accident lawyer will help make sure you get your personal injury claim filed on time.
What Type of Compensation Is Available in Motor Vehicle Accident Cases?
You may be entitled to different types of compensation, called damages, after a Charlotte vehicle accident. Our goal is to help clients see a financial recovery for their losses, including coverage of their economic expenses as well as their non-economic losses. This can include the following:
- Coverage of all accident-related medical bills
- Compensation for physical therapy or rehabilitation
- Coverage of prescription medications or medical devices
- Lost income if a victim is unable to work
- Pain and suffering damages (also known as non-economic damages)
- Loss of quality of life damages
- Possible punitive damages for someone else’s negligence
The total amount of compensation available in these cases will vary depending on the circumstances surrounding each particular auto accident in Charlotte. Some of the factors that can affect the total compensation include whether there are severe injuries, whether or not a victim can work while they recover, how long it takes the car crash victim to recover, the level of the victim’s pain and suffering, and whether or not there was any shared fault for the incident.
Charlotte Motor Vehicle Accidents FAQs
North Carolina personal injury law does not require you to hire a car accident lawyer after a car wreck, but in many cases, having one can make a big difference. If your auto accident caused only minor damage and no injuries, you could negotiate directly with the insurer. However, if you suffered injuries or there’s any dispute over fault, an experienced Charlotte, NC car accident lawyer can protect your rights.
In short, you can work with insurers directly for property damage claims, but for serious injuries or complicated cases, hiring legal representation usually leads to a fairer outcome.
Several key factors affect how a car crash claim is resolved. For instance, police reports, witness statements, photographs of the accident scene, and auto accident reconstruction reports can strongly establish who was at fault.
Also, proof that a driver violated traffic laws directly shows negligence and can tip the outcome in your favor. Conversely, if evidence suggests you broke a rule, insurance adjusters may argue contributory fault.
The at-fault driver’s insurance policy limits matter. If their coverage is low, it may limit recovery. Your own insurer’s cooperation can also play a role. An insurance adjuster’s willingness to negotiate in good faith affects whether you are offered a fair settlement or are pushed to litigation.
In practice, most cases hinge on whether the evidence and legal arguments are strong enough to compel the insurer to pay a fair amount.
Liability in a North Carolina motor vehicle accident is based on fault, and fault is based on the standard negligence framework. You must prove four elements against the other driver:
Duty: The other driver had to follow traffic laws and drive their vehicle safely
Breach: That driver failed to meet their duty
Causation: Their actions or mistakes directly led to the car crash and your injuries
Damages: You suffered real losses, such as lost wages, medical bills, or pain and suffering
When you establish that the other party (or parties) is at-fault, you can hold them liable.
Under North Carolina’s pure contributory negligence rule, even a small share of fault can block you from recovering damages from the other driver. Insurers often look for any sign that you had a hand in the collision as grounds to deny your claim.
For example, if another motorist ran a red light but you were speeding, the insurance company may point to your speed and refuse to pay anything. This is why you should consult with a Charlotte car accident lawyer if you suffered injuries. We know how to push back on these type of arguments by an insurance company.
Most car accident claims end in a settlement rather than a trial. Settling can save you time and legal costs, and it keeps sensitive details out of public records. It also gives you more control over timing and outcomes than a courtroom battle that can stretch on for months or years.
However, if an insurer won’t offer an amount that reflects your losses, you can file suit to seek a fair resolution through the courts.
Contact a Charlotte Personal Injury Attorney About a Free Consultation on Recovering Compensation from the Other Driver
The Charlotte car accident lawyers at Brown Moore can help if you’ve been in a car accident in North Carolina. Contact us to see about a free initial consultation to learn your legal rights and how you can seek fair compensation for both economic damages and non-economic damages.
