North Carolina Car Accident Attorneys

Why Do Car Accidents Happen in North Carolina?

Many wrecks in North Carolina are the result of negligence. Whenever a driver gets behind the wheel, they have a legal duty to observe all traffic laws and not behave in a way that may harm other motorists, bicyclists, or pedestrians. A driver’s conduct tends to become “negligent” when they violate this duty by breaking traffic rules or driving recklessly. 

Our North Carolina car accident attorneys can assist you with a personal injury claim if you were in a crash caused by:

• Distracted driving. Texting while driving or doing anything other than paying complete attention to the road can easily cause a wreck. 
• Intoxicated driving. It is unlawful for any driver to operate a vehicle when they are under the influence of drugs or alcohol. Intoxicated drivers may be arrested and charged with crimes, but you can separately hold them accountable through civil legal action.
• Fatigued driving. No one should be driving if they cannot keep their eyes open. Unfortunately, some drivers will compromise their safety and the safety of others in their effort to complete long trips or get home after working a particularly long shift. 
• Aggressive driving. Tailgating, illegal passing, and purposeful dangerous breaking are just a few types of aggressive driving behaviors that can cause accidents. 
• Reckless driving. Excessive speeding, running stop signs or red lights, and changing lanes or turning without signaling are all examples of reckless behavior that break traffic rules.

What Should I Know About Dealing with Insurance Agents after a North Carolina Car Accident?

In the days after a car accident, you are likely to receive a call from an insurance adjuster who represents the other driver. They will probably explain they are trying to understand what exactly happened so that you can get the damages you deserve.

You must remember that the insurance agent representing the at-fault, negligent driver is never going to act in your best interest. They are looking to pay out as little as possible and will do everything they can to minimize what you recover. Anything you say can and likely will be used against you, so do not give any recorded or written statements without first consulting a legal professional. You should also never accept any payment or sign any documents, as doing so may relinquish your right to sue the negligent driver. Instead, when the insurance agent contacts you, tell them to call your legal representatives.

What Is the Statute of Limitations for Car Accidents in North Carolina?

You have limited time to take legal action against the negligent driver. In most cases, you will have three years from the date of the car accident to bring a personal injury claim. If you wait too long, you will be barred from filing a lawsuit and will not be able to recover any compensation, no matter the strength of your claim.

The deadline works a bit differently for cases where someone dies because of a car accident. In these tragic situations, certain survivors of the deceased must file a wrongful death lawsuit within two years of the date the victim passed. 

Two or three years may seem like a long time, but it can go by faster than you think. Furthermore, it is always advantageous to contact an attorney as soon as you can after a crash, as evidence preservation becomes more difficult as time passes. Getting in touch with Stewart Law Offices right away gives us an opportunity to fully investigate the accident, ascertain liability, and build a compelling claim.

Can I Recover Compensation If I Was Partially Responsible for a Car Accident in North Carolina?

Not all car accidents are cut and dry. While some may be caused by the undeniable negligence of another driver, others may involve multiple parties making decisions that lead to a collision. If you know your actions contributed to an accident, you may consequently be concerned that you have no right to seek compensation. 

Unfortunately, North Carolina is one of the handful of states that still follow “contributory negligence” rules, meaning you will be unable to recover anything if you are found to share any portion of the blame. This means that even if the other driver is found to have been 95% at fault in a civil trial, you will be barred from obtaining any damages if the jury decides you were only 5% at fault. Even if the percentages of fault break down to 99% and 1%, the same rules apply. 

North Carolina’s contributory negligence system is part of why it is so important to work with attorneys who have a history of winning* cases in this state. You will need legal advocates who are capable of persuading a jury you share absolutely no fault. Keep in mind that contributory negligence rules will also influence settlement discussions and how an insurance adjuster approaches your case. We understand how to strategically navigate these realities and will do everything in our power to help secure a favorable outcome.