What Should You Do Immediately Following a Car Accident?
According to the North Carolina Department of Insurance, there are specific steps that are recommended after an automobile accident to ensure your safety and the safety of others:
- Stop the vehicle in a safe place.
- If needed, move the vehicle from travel lanes to avoid further damage and to prevent it from blocking traffic.
- Call the police, especially if there are injuries or the accident was the result of a hit-and-run.
- Get the contact information from other involved drivers, including name, address, phone number, license plate number, driver’s license number, and insurance information.
- Record the name of the insurance company and the policy number of the other driver exactly how it appears on the card.
- Get the contact information of any witnesses, including names, addresses, and phone numbers.
- Do not agree to dismiss the accident with the other driver because some damages or injuries may not be known about until a later time.
How is Fault Determined in a North Carolina Car Accident?
To establish fault in a motor vehicle accident, you must prove that the other driver acted unreasonably under the circumstances. This is the basis for the legal doctrine of negligence. Proving negligence is critical when determining compensation types and amounts. Negligence is established via the following elements:
- Duty of care: You must prove that the other driver owed you a reasonable expectation of safety. This is easily supplied due to the inherent responsibility all motorists have to act and react safely.
- Breach of duty: You must prove that the other driver did not uphold their duty by acting recklessly. This can be established by demonstrating that the driver broke a traffic law.
- Causation: You must prove that the breach of duty is directly responsible for your injuries and that, without that breach, the accident and injuries would not have occurred.
Contributory Negligence
The State of North Carolina recognizes a system of contributory negligence. Under this rule, you are completely barred from receiving any form of compensation if it is found that you share any fault for the accident. This clause can drastically affect settlements because insurance claims adjusters make decisions based on what a court is most likely to decide. So, if you are even slightly at fault for an accident, a court and insurance can deny compensation.
What Compensation Can Be Recovered After a Car Accident?
While every injury case is different, several common items can be requested as recoverable compensation or damages from the accident:
- Medical bills to date
- Future or ongoing medical treatment
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Loss of consortium
- Property damage
- Punitive damages
Punitive damages may be awarded under one of the following factors:
- Fraud
- Malice
- Willful or wanton conduct
Punitive damages are not viewed as a reward for the victim but rather as a deterrent for the at-fault driver to avoid similar behavior in the future.
How is Compensation Determined For Car Accident Cases?
The value of a motor vehicle accident claim will vary depending on the specific circumstances surrounding the case. The following factors influence how compensation is determined:
- Severity of injuries: The most important factor in determining a compensation amount is the extent and severity of injury. Injuries resulting in disfigurement or permanent disability tend to have higher values.
- Medical expenses: The total cost of medical care, including hospital bills, surgeries, rehabilitation, doctor visits, medications, and ongoing care, is an important factor.
- Lost income: Substantial time missed from work is considered.
- Pain and suffering: Non-economic damages, such as physical and emotional pain and the overall impact on one’s life, are considered.
- Property damage: The cost to repair or replace your vehicle and any other damaged property is an important factor in calculating compensation.
- Liability: Establishing fault is crucial in determining if any compensation is even permissible. Egregiously reckless behavior will warrant a higher payout.
- Insurance policy limits: If the at-fault driver has limited coverage, then the coverage limit may impact the maximum recoverable amount.
- Evidence: The strength of established evidence supporting the claim will impact compensation.
- Jurisdiction: Laws and regulations in Durham and the state may affect the claims process and a settlement amount.
- Negotiation skills: The ability of an attorney to effectively negotiate will play a critical role in compensation recovery.
How Long Do I Have to File a Motor Vehicle Accident Claim?
A statute of limitations is the state’s accepted time limit for a person to bring forth a lawsuit. Deadlines may vary depending on the type of harm suffered or the type of case filed. The statute of limitations for the State of North Carolina is three years from the date of the accident. If the accident resulted in a person’s death, then the statute of limitations is two years from the date of the person’s death.
A personal injury case filed outside of this time limit will almost certainly result in a dismissal.
The statute of limitations does not apply to filing a car insurance claim. Insurance companies require notification of an accident “within a reasonable time” after the accident, which is usually a few days up to a few weeks at most.
Do I Need an Attorney?
If you or a loved one has been injured in a motor vehicle accident, you deserve experienced help you can depend on. Call O’Malley Tunstall PLLC today at 919-277-0150. or fill out a contact form for a free consultation.