North Carolina Car Accident Law

Will I have to go to court if I file a lawsuit for a car accident? It’s not possible to say for certain until after we meet with a client, learn their story, and attempt to negotiate with the at-fault party’s insurance company. However, we can tell you that most personal injury lawsuits are settled out of court. It’s always our goal to negotiate with the insurance company and any other responsible parties, in the hopes of coming to an agreement that will save everyone the time and expense of a lengthy trial. Many times, this process culminates in a…

Is It Worth Getting a Lawyer for a Minor Car Accident in North Carolina? Car accidents can be scary; even a minor one can leave you feeling unhinged. If you were injured in a car accident, the last thing that you want to worry about is fighting with an insurance company over fair and reasonable compensation. Not all car accidents in North Carolina result in severe injuries. Note that most traffic collisions and accidents can be called minor. This is because they don’t cause any catastrophic injuries. If you’ve been in a minor car accident, should you have a lawyer…

What is the average settlement for a car accident in North Carolina? When people have been hurt in an accident, they wonder "how much can I get for my injury claim?" The truth is that there is no way to accurately predict the likely settlement amount until the full costs of your healthcare and other losses are known. Once these costs have been assessed, a personal injury attorney can file a demand letter to the appropriate insurer asking for the damages to be paid in full. Even in these situations, there is no guarantee of receiving a specific settlement amount…

When should I hire a car accident lawyer? The ideal time to hire an attorney is as soon as possible after you are involved in an accident. Reporting the accident to the police is the most important priority, followed by receiving medical care for any injuries. After these steps are completed, the next phone call you may want to make is to an attorney.  Hiring a car accident lawyer in North Carolina can help you preserve your rights and avoid common mistakes when claiming compensation. With the services and knowledge an attorney provides, you can significantly increase your chances of…

How Is Negligence Determined in a North Carolina Car Accident Case? Traffic accidents are always unfortunate, and they can frequently leave you injured and left facing unexpected medical expenses. If you’ve been injured in a car accident in North Carolina, you might be able to recover damages by filing a personal injury claim. But to have a valid claim, you have to prove that the other driver was reckless or negligent. 99% of injury claims at Auger and Auger are focused on negligence. Negligent behavior by car drivers, equipment manufacturers, and other parties is often the cause of many car…

What actions could be considered distracted driving in North Carolina? Distracted driving is a significant danger to others on the road. It only takes a moment of distraction behind the wheel to cause a severe accident. According to the Centers for Disease Control and Prevention (CDC), eight people in the United States are killed every day in crashes involving a distracted driver.  If you or someone you loved has been injured in a wreck, reach out to a North Carolina car accident lawyer to see what role distracted driving may have played. You may have a potential claim against at-fault…

What qualifies as a catastrophic injury in North Carolina?   In our work, we meet people with many different kinds of injuries that occur in a wide variety of situations. Sometimes people want to know if their injury is “catastrophic,” often because this word was used in the fine print of their insurance policy. Depending on what the policy says, it may be a reason for denying a claim or actually paying it, or it may affect how much is paid out. How Is A Catastrophic Injury Defined? A catastrophic injury is one that has a permanent and serious effect…

What can I do to recover from a catastrophic injury? Recovering from a catastrophic injury after a motor vehicle accident can be a long, difficult, and often painful process, both physically and mentally. Catastrophic injuries are serious and leave the patient with some permanent difficulty, such as losing the ability to walk or perform other tasks you used to be able to do. As a result, many people with these injuries experience stress and frustration, and some may become depressed. However, just because an injury is permanent doesn’t mean you can’t take steps to make your life easier or resume…

Driving tips for teenagers and new drivers Getting your driver’s license for the first time can be exciting - enjoying the freedom of the open road, being able to drive yourself where you need to go, and no longer waiting for others to give you a ride. But it can also be scary and stressful. Sometimes other drivers don’t exactly follow the rules of the road. Traffic congestion can be frustrating, and other drivers may cut you off. Learning some defensive driving techniques and safe driving tips can help you deal with many of these issues. It’s important to learn…

What You Should Know About Dealing With Your Insurance Company After a Car Accident It only takes a few seconds for a car accident to happen, but it can have long-lasting consequences for you and your family. You may suffer serious injuries, costing you time at work - not to mention the medical bills. Worse, you could be in pain for a long time, even chronically, as the result of your injuries. Meanwhile, your car is damaged, and your monthly creditors aren’t interested in pressing pause on your bills so you can recover. You might think this is the right…

How does a seatbelt prevent injury during a car accident? Motor vehicle accidents are the most common cause of death in Americans younger than 30, but one important way to reduce your risk of dying in a car accident is to wear a seat belt. The CDC has found that more than half of people killed in car crashes are not wearing seat belts. Seat Belt usage reduces the risk of death in a car crash by 45 percent, and the risk of serious injury by 50 percent. How Do Seat Belts Work? Seat belts work by reducing a person’s…

Does pain and suffering include my medical bills? A car accident or other situation where you’ve been injured can leave you dealing with a lot of problems. You may be in physical pain from your injuries, and sometimes that can lead to mental anguish, depression, or other mental health issues. At the same time, you may be unable to work, but the medical bills from treating your injuries just keep coming. You may also have lost your vehicle or other property damaged in the incident. This kind of situation can be frustrating and draining, and if your injuries were caused…

Is It Worth It to Sue After a Car Accident in North Carolina? One of the biggest misconceptions about personal injury claims is that someone must sue in order to recover money for their losses. The truth is that the majority of car accident cases only involve an insurance claim, and do not require the filing of a lawsuit.  The difference is that, by hiring your own car accident lawyer, you can fully investigate the accident's cause and fully account for your losses. Your attorney also helps you manage negotiations with the insurance company, including when they attempt to deny…

The dangers of high-speed car accidents. Motor vehicle crashes can cause injury at any pace, but they’re especially dangerous at high speeds. The risk of serious injury or death is much higher due to the increased force with which the two vehicles collide. In fact, the Insurance Institute of Highway Safety (IIHS) reports that just over a quarter (26 percent) of car accident fatalities in 2019 happened at high speeds. This added up to 9,478 deaths. There are several factors that make high-speed crashes so deadly: The faster you’re going, the longer it takes to stop in an emergency, such…

What do I do if someone else's road rage caused my car accident? Unfortunately, road rage is a common problem today. The NHTSA and the Auto Vantage auto club produced research that found that 66 percent of traffic fatalities are caused by aggressive driving. About 37 percent of these encounters involve a firearm, while others may include horn honking, crude gestures, or tailgating. (Tailgating is a frequent cause of accidents.) It’s important to be very careful in these circumstances, as they can escalate quickly. While a car accident can be serious and leave you badly injured, it’s possible the situation…

Does Insurance Cover an Uber or Lyft Accident in Charlotte, NC? The short answer is that it depends on how the driver was engaged with their rideshare company at the time of the accident. North Carolina recognizes three categories for determining insurance policy responsibilities for rideshare company accidents: The driver is off duty, not working for Uber/Lyft  The drive logged in but doesn’t have an active ride  The driver is actively driving a passenger for Uber/Lyft The amount of insurance involved and the level of liability shared by Uber/Lyft and their insurers will typically increase as a driver progresses from…

How to Get Reimbursed for Lost Wages After a Car Accident in Charlotte, North Carolina?  It is essential to focus on your recovery, but keeping detailed records of the work you have missed is crucial to establish your case for back pay, paid leave, and further compensation after your car accident. Our clients often miss extended periods of work due to serious injuries, making the documentation process crucial for determining compensation.  Whether you are an employee or self-employed, documenting missed workdays and potential opportunities is vital. Factors Influencing Lost Wages Compensation  Several factors contribute to the calculation of compensation for…

What to Do If You’re Injured as a Passenger in a Car Accident in Charlotte   If you've ever found yourself injured as a passenger in a car accident, you're likely familiar with the whirlwind of confusion and stress that follows. It is essential to understand your rights and the steps you should take to ensure you're compensated for your injuries.  Your Rights as an Injured Passenger  First off, breathe a sigh of relief knowing that, as an injured passenger, you have several avenues for compensation, regardless of who's at fault. Whether it's the driver of the car you were…

Should You Seek Medical Attention After an Accident? A Critical Decision: Seeking Medical Attention Care Post-Accident If you've been involved in a car accident in Charlotte, NC, a pressing question might be, "Should I get medical attention?" The answer is obviously yes, but not for the reasons you may think. Seeking and receiving medical attention shortly after your accident establishes the fact that your injury is severe. If you wait too long to seek medical attention, insurance companies will downplay your injuries and use that as a negotiating tool to try and offer you less compensation. Further, especially in Charlotte's…

Understanding the Process: Consulting an Accident and Injury Attorney The Commitment of Auger & Auger Accidents and Injury Lawyers At Auger & Auger, we are dedicated to guiding individuals through the complexities of consulting with an accident/injury attorney. Recognizing the challenges of facing unforeseen incidents, this guide explains what one should anticipate when seeking legal counsel in the aftermath of an accident or injury. Our Approach: Respect and Compassion From the outset of your engagement with Auger & Auger Accidents and Injury Lawyers, expect to be treated with the highest level of respect and compassion. Our objective is to simplify…

How Long Does an Accident Claim Take? The Unpredictable Nature of Car Accident Claims "How long will it take to resolve my accident claim?" Unfortunately, there's no one-size-fits-all answer. The duration of the claim process is subject to a variety of factors, including the specifics of your injuries and the necessary medical treatments. The Individuality of Each Claim Every accident claim is unique. While our aim is to resolve your claim swiftly, we never compromise on the quality of your settlement. On average, claims can take about a year to resolve, including those that require litigation. However, this timeline can…

The Worst Thing You Can Do to Ruin Your Car Accident Injury Case For over three decades, Auger & Auger has specialized in handling accident and injury claims. Throughout this time, we've observed a recurring mistake made by individuals before they even consider seeking our assistance—often when it's already too late to rectify. This crucial error is engaging in discussions with insurance carriers without first consulting with a knowledgeable car accident attorney. Why Talking to Insurance Carriers First Can Harm Your Case Insurance adjusters are trained professionals skilled in building rapport. They may seem friendly and supportive during initial conversations,…

Understanding Punitive and Compensatory Damages: A Guide to Your Legal Rights In legal disputes and courtroom battles, the term "damages" often surfaces, carrying significant weight in determining the outcome for those who have been wronged or injured. However, not all damages awarded by the court are created equal. Broadly categorized into two distinct types—Compensatory and Punitive—each serves a unique purpose within the legal system, impacting plaintiffs and defendants in several ways. In short, compensatory damages are aimed at making an injury victim whole, and Punitive damages are to deter the at-fault party and others like them from taking such actions…

What Not to Tell a Claims Adjuster: A Guide to Protecting Your Rights The Silent Rule in Legal and Insurance Engagements The warning "anything you say can and will be used against you" is not just for criminal proceedings; it applies when you're up against insurance adjusters after a car accident. Insurance companies, aiming to minimize their financial outlay, can use your own words against you, making it crucial to tread carefully in your communications with them. The Preliminary Advice: Seek Legal Counsel Before diving into what should and should not be shared with an insurance adjuster, it's paramount to…

What are the most common injuries caused by car accidents in North Carolina? Accidents can cause many different types of injuries, including brain injuries, broken bones, muscle strains, and mental health issues. All of these injuries can have serious and long-term consequences. It is important that you know about them and are prepared to take appropriate action if you are ever in a car accident to protect your rights. Contacting an experienced North Carolina car accident attorney will help ensure your rights are protected when seeking compensation for your injury treatment costs and other losses. The following are some of…

How an Automobile Accident Attorney in NC Can Help When you suffer an injury in an auto accident in NC, you may be tempted to handle your claim on your own. You may have concerns about legal fees and talking to an attorney. However, with 35 years combined experience handling car accident injuries, we at Auger & Auger Accident and Injury Lawyers understand the importance of communication and qualified representation. First, we work on a contingency basis—this means we receive no payment until we have won a settlement for you. More importantly, we listen to you and explain what to…

What to do if You Are Seriously Injured Auto Accident Injury in Charlotte What to do: If you have been seriously injured in an auto accident you probably have already received emergency medical attention. However, the immediate medical care of a hospital is only the first step to recovering from a serious auto injury. As soon as you are able you should contact your family medical doctor to review your injuries. Your family doctor is familiar with your medical history and any of your past injuries. In addition you may want to seek a specialist doctor for the injury you…

What to Do after a Car Accident Car accidents can be traumatic, confusing, and stressful. At Auger & Auger, we understand how challenging the aftermath of such a crash can be to drivers and their passengers. As personal injury attorneys with more than four decades of combined experience, we have helped thousands of car accident victims throughout North Carolina facing every imaginable consequence that can follow. No matter what type of car accident you are involved in, handling yourself calmly and intelligently at the scene can be challenging but remains vitally important. You will need to engage in basic steps…

What should I do right after I’ve been in a car accident in North Carolina? Herb: After a car accident in North Carolina, as long as you are not severely injured, I recommend that you obtain the names and telephone numbers of any witnesses at the scene.  I have noticed that on a lot of our client’s cases, the police do not have the witnesses listed on the police report because the witness either do not want to get involved or did not have the time to wait around for the police to arrive.  Even though responsibility for causing the accident may…

In a 50/50 fault accident, can I get any settlement at all? Herb: Maybe, but in North Carolina, it is very difficult.  The other insurance company is not going to voluntarily pay if it is contributory negligence, so you will be required to go to trial to prove your case.  You need a unanimous jury of 12 people to find the other person 100% at fault.  This is a very difficult burden to overcome. Difficult, but not impossible.  Under the Last Clear Chance doctrine, if you can prove that you placed yourself in a position of peril, but the other…

What Should I Do or Not Do After an Accident if I Plan to File an Injury Claim? Herb: The person involved in the car accident should never speak with the insurance company.  Have someone else file the claim and make the calls for you.  Better yet, if injured, wait until you retain a car accident attorney to help you and let be your mouthpiece.   There is no reason for you to speak with the insurance company. If you have to make the call, I’d recommend that you not give a recorded statement.  Whatever you say on the recording will…

How should I report a car accident claim to the insurance company? Herb: The best way I’ve found, usually is to have a family member that wasn’t in the wreck call and file the claim.  Generally, you don’t want the person injured doing that.  It’s not going to help.  The only thing it can do is hurt in case they say the wrong thing or the person on the phone happens to be the claims adjuster and says, you know, this person doesn’t sound hurt or misinterprets what they say. It is better to have someone else in the family…

How long after a car accident can you make a claim for it? Herb: In North Carolina you have three years to file a lawsuit based in negligence or you’ll be forever barred from doing so.  The sooner you file the claim, the sooner the insurance company can set up the claim, get a copy of the police report, speak with the other driver, speak with their insured, and assign it to a claim rep.  If it’s a Thursday and you wait until Monday, that case may not get assigned to someone until Wednesday.  Then they have to speak with…

How does a car accident lawsuit work? Herb: Generally, most clients and insurance companies want to work things out without going to court.  Once you file a lawsuit, it gets expensive on both sides.  It’s time consuming and you’re at the hands of a jury that you never know what they’re going to do.  Most cases settle without having to file a lawsuit.  However, if we cannot resolve the case with the insurance company, we’ll file a car accident lawsuit.  When you file a lawsuit, it’s generally against the driver of the other car.  In North Carolina, you sue the…

What can I do to support or help my claim? Herb:     If you are injured, don’t delay in getting medical treatment.  And be careful what and who you talk to about the accident. Beware of facebook and any postings.  The insurance company and their lawyers can get them, if they want to.  They could misconstrue a post or photo and blow it out of proportion. If you can, keep a journal.  There are plusses and minuses to that, but if you keep a journal, that can help. Especially in a larger case when you’re trying to show the daily activities…

How long does an accident claim take? Well, claims are not settled usually until you finish your treatment and you've been released from care. So generally they don't settle until that point. Of course, if you want to take a small number and settle right away and not wait till your treatment is complete, you can do that. We don't recommend that, and if that's the case you are probably not even going to have a lawyer involved. Some insurance companies will come to your door and try to offer you a few hundred dollars, a day or two after…

North Carolina Auto Accident FAQ Do I have to call the police? What information do I need after a car wreck? When should I call an attorney? What can an attorney do for me? When should I call the insurance company? Should I see a doctor? Who pays my medical bills? What if the at-fault driver did not have insurance, or I have been the victim of a hit-and-run? What can I collect for the damage to my car? What do you charge? Do I have to call the police? Yes. When police are called to the scene of an…

Why should I go see a doctor after being involved in a North Carolina car accident? You’ve been in a car accident. You might be hurt, but you can’t tell for sure. What should you do?  The fact is that it is always a good idea to see a doctor. Even if you don’t feel hurt, symptoms for conditions like a traumatic brain injury (tbi) or whiplash can take days to materialize. The earlier you get a diagnosis and start treating your condition, the better.  Obtaining a medical exam as close as possible to the date of the accident is…

What do I do if I was in an accident while driving a rental car? Getting in a car accident is stressful enough, but getting hit by someone driving a rental car just adds to that stress. So what do you do if someone hits you in a rental car? To start, you will stay as calm as possible. You will do what you usually do in an accident: call the police, go to the doctor ASAP, contact an attorney, and seek compensation to recover your losses from any injuries.  But there may also be a few additional steps to…

How can I protect my children during a car accident in North Carolina? Getting in a car accident with your children in the car can be very scary, especially if your children are young. It is important to remember that they are victims of the accident, just like you or any other passenger. You need to protect their rights as well as your own.  To prevent such accidents, make sure your children fit into their car seats and always wear their seatbelts. According to Safe Kids Worldwide, more than one in three children who died as an occupant in a…

What should I do after being in a hit and run accident in North Carolina? In the event of a crash, the involved drivers are supposed to pull over, determine the necessity of emergency medical attention, and share contact information to report the accident to their respective insurance companies. If a driver flees the scene of an accident in North Carolina, it is considered a hit-and-run. Victims of such incidents need to know how to protect their rights and seek monetary recovery.   If you or someone you loved has been injured in a hit-and-run accident, reach out to a North…

What happens if I am in a car accident in a work zone in North Carolina? Work zones present many dangers that drivers may fail to consider before it is too late. Thousands of work zone crashes occur every year, with hundreds resulting in fatalities. According to the Work Zone Management Program of the U.S. Department of Transportation Federal Highway Administration, 842 individuals were killed in 762 work zone accidents in 2019 alone. 690 of those fatalities involved regular drivers and passengers.   If you or someone you loved has been injured in a wreck in a construction zone, reach out…

I was in an accident caused by an uninsured driver in North Carolina. What can I do? If you have been involved in an accident and discover the at-fault driver was uninsured at the time of the crash, you may be wondering about your options for recovery. Navigating insurance claims with North Carolina state law can be a challenge, which is where a personal injury law firm can come in and provide assistance.  The circumstances of your accident may increase the complexity of your personal injury claim. When you seek help from a Charlotte car accident lawyer, you can rest assured…

How do I deal with an aggressive North Carolina driver? When aggressive drivers lose their temper and take unsafe actions behind the wheel, people’s lives are put at risk. Instances of road rage are terrifying to witnesses — even more so when you are the victim. Accidents involving aggressive drivers can result in serious injuries, medical expenses, property damages, lost wages, pain and suffering, and more.  If you are looking for legal assistance after getting hurt in a collision with an aggressive driver, you can schedule a free consultation with a North Carolina car accident lawyer. They will evaluate your…

What can I do to avoid being in a car accident in inclement weather in North Carolina? Though driving safely in North Carolina should always be a priority, it may never be more important than when driving in inclement weather. According to the National Highway Traffic Safety Administration (NHTSA), about 25% of car accidents are weather-related, especially when the pavement is wet, whether it’s due to rain, snow, sleet, ice, or fog.  It is interesting to note that of the crashes due to wet roads, a majority of the accidents occur during rainstorms, as opposed to wet roads due to…

I was in a car accident that resulted in a severe head injury. What should I do? Being in a serious car accident can lead to many types of severe injuries, from broken bones to internal bleeding. One common injury that results from major car accidents is head injuries, which can range from mild concussions to an injury extreme enough to cause a coma or even brain death. According to the North Carolina Department of Health and Human Services, car accidents caused up to 17% of the total TMI (Traumatic Brain Injury) deaths in the state in 2019. If you’ve…

Should I have a dashcam in my car in North Carolina? As technology has become more and more advanced, more motorists are becoming interested in having a dashboard camera, or dashcam, in their vehicles. However, is it a good idea to install a dashcam in your car?  There is some important information to weigh before deciding for or against adding a dashcam to your personal vehicle. Our experience as Charlotte car accident lawyers has found that they can be helpful in a broad range of situations, but they aren't a cure-all for complex injury claims. The value you get out…