FAQ

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…

What do you do after a semi truck accident? Semi-truck accidents can be terrifying, especially if you’re in a much smaller passenger vehicle. Unfortunately, people in smaller vehicles are much more likely to suffer serious injuries in a collision than a truck driver due to the large truck’s size and weight. If you’ve been hurt in a semi-truck accident, you may be facing months of recovery, medical bills, and missed time at work - not to mention the pain and discomfort of your injuries. You may have questions about how to handle the expenses during this difficult time. The best…

Who is liable in a truck accident? Although any traffic accident can lead to serious injury or death, those involving large trucks are particularly deadly. According to the Insurance Institute of Highway Safety (IIHS), there were 4,119 people killed in large truck accidents in 2019, and most of them were in passenger vehicles. About 67 percent were in smaller vehicles, and another 15 percent were pedestrians or riding on bicycles or motorcycles. These disproportionate numbers are mostly due to large trucks being much heavier and harder to stop than passenger vehicles. A truck can simply do more damage to a…

What does a truck accident lawyer do? Due to their size, weight, and lengthy stopping distance, commercial trucks can cause devastating damage to anything in their path if they get into a collision. Truck drivers are usually well-protected in the truck cab, but people in passenger vehicles are often seriously hurt or killed. As a result, if you or a loved one have been involved in an accident with a truck, you may be in pain, unable to work, and swamped with healthcare bills you can’t afford to pay. If this happens, don’t wait - contact a truck accident lawyer…

What Is My Trucking Case Worth? An 18-wheeler can weigh up to 80,000 pounds, about 40 times heavier than the average car. This enormous disparity in size and weight means that when accidents occur, they are often more destructive, leading to more severe injuries. Most large trucks on the road are owned by companies that are heavily insured, meaning settlements for truck accident injuries can be significantly higher than injuries sustained from a standard car accident.  This article will give an overview, but for a more in-depth explanation, check out our free truck accident eBook. Key Factors Influencing the Value…

How can a lawyer help me after a motorcyle accident? Our job is to level the playing field. If you're in an accident the insurance company is the actual party that will immediately begin an investigation, and they will be looking for some way to show that you may have been partially at fault. In North Carolina we have the contributory negligent rule, which means if a motorcycle driver is even 1% at fault, and they can prove that, then they don't have to pay you anything - even if their driver is 99% at fault. One misstatement by you…

Can I Recover Compensation for Motorcycle Accident Injuries if I Was Not Wearing a Helmet in Charlotte? The general answer is yes. However, there can be complications. A brief review of the law and how it helps motorcyclist, even if not wearing a helmet while riding their bike.   North Carolina’s Motorcycle Helmet Law   North Carolina law requires all motorcycle riders and passengers to wear helmets that comply with Federal Motor Vehicle Safety Standard (FMVSS) 218. This law is in place to ensure the safety of riders and reduce the risk of severe head injuries in an accident.  The Legal Implications…

Do I have a case if I was in a no-contact accident due to a car forcing my motorcycle off the road? Depending on the circumstances, yes, you could potentially have a case in this situation. First, let’s take a look at how no-contact accidents transpire, then we’ll discuss the challenges of proving your case. Sometimes motorcycle accidents occur when a bike goes off the road and crashes, often into a stationary object like a tree or fence. On the surface, this may appear to be a single-vehicle accident - a term for a wreck that happens when the driver…

How are motorcycle accident claims different from car accident claims? Motorcycle claims have many things in common with car accident claims, but there are several significant differences as well. It’s important to understand the additional concerns before filing an insurance claim for your motorcycle accident, so you can be prepared for potential issues. First, we’ll discuss the differences, then we’ll look at ways to improve your chances of receiving a fair settlement from the insurance company.   Difference #1: You’re More Likely To Get Hurt - Seriously Unfortunately, riding a motorcycle carries a higher risk of injury than riding in…

Can I sue after a motorcycle accident? For many people, riding their motorcycle through the North Carolina scenery can be a freeing and stress-relieving experience. Unfortunately, sometimes the joy of the ride can be shattered by an accident, and if this happens, you could be seriously hurt. In fact, if you’re in a motorcycle accident, you have about an 80 percent chance of injury or death versus only 20 percent if you’re in a car crash. This is mostly due to the additional safety features found in cars, including seatbelts, airbags, and the larger vehicle’s strong metal frame. As a…

How can I ensure I will be able to cover the cost of my recovery from severe injuries from a motorcycle accident? Motorcycle accident injuries can be devastating, both physically and mentally. There are some steps you can take to reduce the 80% chance of injury or death in the event of a motorcycle accident in North Carolina, like riding carefully and wearing a helmet. (Helmets reduce the risk of death by about 37 percent.) However, serious injuries can still occur. You may spend time in the hospital, requiring surgery, medication, physical therapy, or some combination of the above. Medical…

How often are motorcycle accidents fatal? According to NHTSA data from 2019, 34% of motorcycle accidents are fatal. This translates to 5,014 motorcycle fatalities that year, with another 84,000 injuries. For the vehicle miles traveled in 2019, motorcycle fatalities were nearly 29 times more common than passenger car fatalities. In a motorcycle crash, there is an 80 percent chance of injury or death (426 per 100,000 vehicle miles traveled), versus only 20 percent for passenger vehicles. What Does This Data Mean? Although motorcycles are more likely to be involved in accidents than closed vehicles, this doesn’t account for the large…

What is the number one cause of motorcycle accidents? There are many contributing factors in motorcycle accidents, which are very common. Unfortunately, they are also very deadly. In 2019, motorcycles were about 3 percent of registered vehicles in the US, but about 14 percent of all traffic deaths were attributed to crashes involving motorcycles. Another 84,000 motorcycle riders were hurt in bike crashes that same year. This overrepresentation of motorcycles in fatal crashes is likely due to motorcycles lacking some of the protective features of passenger vehicles. Often motorcycle drivers are not the cause of the accident, and motorcycle riders…

I was a passenger involved in a motorcycle accident. What do I do next? Being involved in any kind of traffic accident can be a scary and stressful experience, especially if you or someone else involved in the accident is injured. Unfortunately motorcycle accidents have higher rates of injuries and fatalities than car crashes, with 5,014 people killed in motorcycle accidents in 2019 alone. Based on vehicle miles traveled for that year, motorcyclists were 29 times more likely to die in a crash and 4 times more likely to be injured than those riding in cars. Injuries caused by a…

Motorcycle FAQ Interview with Herb Auger What is the most common type of motorcycle accident? Motorcycle accidents happen for a number of reasons. Over the years we've had accident claims ranging from distracted drivers to excessive speed, drivers failing to yield the right of way, drivers who misjudge distance, drivers without a clear view or don't look to see the motorcyclist, and of course, drivers who may be tailgating them. Read More How can you avoid accidents on a motorcycle? Drive safely. Drive defensively. Stay on the road and avoid driving on the shoulder. When driving on curvy or hilly…

What are the damages from a motorcycle accident? Oftentimes, motorcycle accident victims have serious injuries and the question is usually not how much the case is valued at, but how much insurance is available. Assuming that amount exceeds the value of your injuries, the insurance company will evaluate your claim, the reasonableness of your treatment, the length of your treatment and we'll also give our own evaluations and work with them to try and come to a reasonable settlement without going to court. If the claim cannot be reasonably resolved, then of course we'll sit down with a client and…

What are my rights if I missed time from work due to a motorcycle wreck? Your employer can let you go. They can fire you if you don't show up for work. They are under no obligation to keep you if you're in a motorcycle accident unrelated to your job - though if you were on the job that's different. However, if you miss time from work due to an auto accident and you receive a note from your doctor writing you out of work for that time period, you could file a claim against the insurance company of the…

How do I recover from a motorcycle accident? Well, not everyone has health insurance. Health insurance is not mandatory in North Carolina on your vehicle. Some states have “no-fault.” If you're in a wreck, no matter whose fault it is, that vehicle has health insurance to pay your medical bills. North Carolina does not have no-fault, they have medical payment coverage, which is usually $1,000.00 or $2,000.00 (if a client has that coverage) but it only pays your bills up to that amount. And, a lot of insurance companies will not write medical payment coverages on motorcycle policies. So health…

Who is at fault in a motorcycle accident? It's no different from any other motor vehicle case - whether it's a truck, a car, or a motorcycle. Following motorcycle accident law, enforcement will interview both drivers, get their versions, and the officer will probably draw a diagram of the scene and interview any witnesses. Based on the statements, he will give his opinion as to who is at fault. If the statements from the two parties are contradictory, the officer will note that he was unable to determine fault. The insurance company doesn't have to follow enforcement’s opinion, since he…

What should I do after a motorcycle accident? In any kind of vehicle or motorcycle accident, the very first thing you should do if you're hurt is seek medical attention. That's number one. Under no circumstances should you give any statements, especially to the insurance company representatives. Once you're medically stable and able, contact an experienced motorcyclist lawyer who will conduct an investigation and work with you to meet or speak with the insurance company and protect your interests. What will the insurance company do if I make a claim? There seems to be a bias against motorcycle riders. I'm…

How can you avoid accidents on a motorcycle? Drive safely. Drive defensively. Stay on the road and avoid driving on the shoulder. When driving on curvy or hilly roads, reduce your speed in order to maintain control of your bike. Stay in your lane, and remember that other vehicles might have a hard time seeing you - especially if you keep moving back and forth between lanes. Know the limits of your bike, some bikes don't handle well when making turns at high speeds. Be aware of road and weather conditions. And based upon proven statistics, avoid peak traffic times…

What is the most common type of motorcycle accident? Motorcycle accidents happen for a number of reasons. Over the years we've had accident claims ranging from distracted drivers to excessive speed, drivers failing to yield the right of way, drivers who misjudge distance, drivers without a clear view or don't look to see the motorcyclist, and of course, drivers who may be tailgating them. The most frequent cause, in my experience, is the driver of the vehicle who doesn't see the motorcycle or misjudges the speed it is going. This is usually when they make a left turn in front…

What Is a Wrongful Death Claim? A wrongful death claim is a civil suit brought when someone dies as the result of another’s negligence or intentional act. Although intentional acts are included, a wrongful death suit is separate from a criminal proceeding, such as a trial for murder or manslaughter. Wrongful death claims don’t seek to punish the defendant through the criminal court but instead seek financial damages from the defendant (or in many cases, the defendant’s insurance company). However, in some cases the same defendant may face both criminal and civil suits - for example, O. J. Simpson was…

How do I know if I qualify for a wrongful death case? Losing a loved one is an incredibly difficult experience in any situation, and for some, it can be made more stressful with financial worries. Often there are medical bills left behind, and if the deceased was the primary earner for the family, the loss of income can also be an issue. Worse, many life insurance policies barely cover funeral expenses, and then the surviving spouse has to work out how to pay the mortgage or support their children on a drastically reduced income. Often people have questions about…

What happens when you file a wrongful death suit in North Carolina? No one wants to be in the situation of having to file a wrongful death suit after the loss of a loved one. Unfortunately, sometimes circumstances arise where a person has died, and their loved ones believe another party is to blame. The deceased may have been the primary earner in the family, and their death might have left a surviving spouse and/or children with a mountain of bills and little to no income. Sometimes, people just want to get to the bottom of the events of a…

Will I have to go to court for my wrongful death case? This question is complicated and involves many factors, but the short answer is maybe. Let’s take a closer look at wrongful death cases and the considerations that go into deciding if you want to pursue one. We’ll also look at the circumstances where you might have to go to court if you are in any way involved in a wrongful death case. Wrongful Death In The State Of North Carolina First, we’re sorry for the loss you’ve experienced that’s led you to consider a wrongful death suit. Losing…

How is negligence proved in a wrongful death case? Losing a loved one is a terrible tragedy, but for some people, it may be made worse by the worry that their loved one’s death could have been prevented. Unfortunately, sometimes the actions of a person or entity can lead to an accident or other situation in which a person is killed. When this happens, family members may be left in financial difficulty, they may be concerned that the responsible party should face consequences for their actions, or both. These are the most common situations where people consult a wrongful death…

Common Workplace Injuries FAQ Worksites are supposed to be safe, but thousands of people nationwide still sustain injuries when doing work tasks. Regardless of how an injury happened or whether an employer followed the rules, workers' comp benefits should be available to those hurt on-the-job. A personal injury attorney in Charlotte, NC can help you to determine if your injury is considered work-related, which would mean you are entitled to benefits. Auger & Auger Accident and Injury Lawyers provides representation to clients who sustain all different kinds of workplace injuries. We offer a free evaluation of your case, and can…

What is Diabetic Ketoacidosis? Diabetic ketoacidosis is a serious complication of diabetes that occurs when your body produces high levels of blood acids called ketones. How does someone get Diabetic Ketoacidosis? Diabetic ketoacidosis develops when your body is unable to produce enough insulin. Insulin normally plays a key role in helping sugar (glucose) — a major source of energy for your muscles and other tissues — enter your cells. Without enough insulin, your body begins to break down fat as an alternate fuel. Ketoacidosis caused Invokana® In May 2015 the FDA issued a warning stating that anyone who took type…

How often do your cases end up going to trial? Herb: I’d probably say less than ten percent.  Most cases do get resolved.  The cases that don’t get resolved are usually problematic where the insurance company thinks there’s a prior condition that the client may have had a long time ago that may really be the problems they’re having right now. It may be unreasonable expectations by the client or the insurance company.  But most cases, at some point, do get resolved. A lot of people don’t like to take the risk of a jury, but sometimes you have to.…

The first time clients call in after they’ve had an accident, what are the most common questions they have? Herb: Do I need a lawyer?  A lot of people ask, do I need a lawyer?  Why do I need an attorney?  Or, can I handle this on my own?  After we speak with them, give them advice for fifteen minutes, a lot of them are like wow, we didn’t know that.  Can you help me? They didn’t know that they could get depreciation on their vehicle and the insurance company never told them that they could file for loss of…

Is settlement money for a personal injury claim taxable? Herb: No, personal injury settlements are not taxable.  When people come in for their settlement check, I always tell them keep a copy of your settlement sheet.  We always give the client a breakdown at the end of the case showing how much the insurance company paid, our fee, and medical expenses we paid on the client’s behalf from the proceeds.   I recommend that they keep this form with their tax records for the year of settlement in case the IRS ever audits them.  The IRS may ask where that deposit…

Filing a Personal Injury Claim for Your Child in Charlotte In Charlotte, if your child is harmed due to another person's carelessness, you have the right to hold the responsible party financially accountable for your child's injuries and related damages. Filing a Personal Injury Claim on Behalf of Your Child Minors cannot file personal injury claims on their own, so the responsibility falls on the parents or legal guardians. While it's natural to feel anxious or frustrated in such situations, it's crucial to stay composed and seek legal counsel promptly. An experienced child injury lawyer can assess the case and…

Can I Sue for A Dog Bite in Charlotte, NC? Navigating the Complexities of Dog Bite Litigation in North Carolina  At our Charlotte law office, we frequently encounter clients seeking answers about their legal rights following a dog bite. The common question we hear is, "Can I sue for a dog bite?" The answer is a definitive YES, but it's crucial to understand the complexities of North Carolina's dog bite laws. Dog bites are more common than one might think, with nearly 4.5 million occurrences each year in the United States. In Charlotte, the laws surrounding dog bites provide a…

How To Navigate Medical Bills After an Accident Prioritize Immediate Medical Attention The first and most crucial step after an auto accident is seeking prompt medical treatment. Even if injuries appear minor or absent, immediate attention is essential, as some conditions may not manifest immediately. Timely medical care not only ensures your well-being but also establishes a documented link between the accident and your injuries, a crucial factor in insurance claims.  Dealing with Other Driver’s Insurance Although the other driver's insurance carrier is responsible for your medical bills, they will not pay until the final settlement of your total injury…

Understanding Contributory Negligence in North Carolina North Carolina follows a legal principle known as 'contributory negligence.' Under this doctrine, if you are found to be even slightly at fault in an accident — as minimal as 1% — you generally lose the right to claim compensation for your damages. This rule places North Carolina among only a handful of states that still operate under this rather stringent law.  However, there are notable exceptions within this framework:  The Last Clear Chance Rule This rule provides a significant exception. It states that if you were in a dangerous situation (a place of…

How Social Media Can Make or Break Your Case If you’ve been in a car accident and are seeking compensation for your injuries, a simple post on Instagram or Facebook could jeopardize your entire case. Social media can serve as a goldmine of evidence for insurance companies looking to dispute your claims.  The Role of Social Media in Legal Cases  In the legal world, social media posts are considered discoverable evidence. This means anything you've shared online could be used in court. It's not just about what you post; content from friends and family can also impact your case. For…

Understanding the Statute of Limitations for Car Accidents in North and South Carolina In simple terms, the statute of limitations is a deadline for filing a lawsuit. If you wait too long after an incident, such as an auto accident, and miss this deadline, your case could be dismissed, no matter how strong it is or the extent of your injuries.  North Carolina Statute of Limitations  In North Carolina, the statue of limitations for most car accident lawsuits based on negligence is 3 years from the date of the incident to file your claim. It sounds like plenty of time,…

What to Expect During a Deposition A deposition is a key discovery tool used in litigation to collect facts under oath from parties to the lawsuit, witnesses, treating physicians, and other experts. Think of it as a pre-court interview that helps both sides gather evidence. It’s a moment where the story of each witness is recorded, setting the stage for what might unfold at trial.  What Happens During a Deposition?  Depositions usually occur in a lawyer’s office with the person being deposed, attorneys from both sides, and a court reporter who transcribes the questions and answers. This transcript can be…

What is the difference between premises liability and general liability? This is a common question. Premises liability refers to circumstances where an owner or manager of a property failed to maintain the physical premises of a property, and someone was hurt as a result. Examples of Premises Liability in North Carolina There are a wide variety of situations in which premises liability can occur. This is not an exhaustive list, but should give you an idea of some common ways in which premises liability may happen: Slip and falls. If you fall and get hurt on someone else’s property, that…

Who is responsible for an injury in a premises liability case? In most situations, the owner or manager of the property is responsible for injuries in premises liability cases. Premises liability refers to a situation where a person is injured on another’s property, due to the owner or manager’s failure to keep the property in a reasonably safe condition. This may apply in public places like malls, stores, parks, nightclubs, etc. The owner has a duty of care to ensure the premises are safe for the property’s guests, as well as its employees. It is also true if you invite…

I was injured on someone's property due to their negligence. Do I have a case? Possibly. It really depends on how well you can demonstrate in court that their negligence caused your injuries. There are also other factors to consider, such as whether your actions contributed to the injury at all. Even if the property owner’s negligence did cause your injury, if the plaintiff (in this case, the property owner or manager) can prove you also caused some of the circumstances of the incident, you will not receive any damages. There are also certain other circumstances in which the court…

What is the difference between premises liability and negligence? People often have questions about negligence in personal injury cases and issues of premises liability. What do you do if you were hurt on someone else’s property? Or because another party was negligent in some way? How can you cover your expenses? If you believe you’ve been injured as a result of either premises liability or negligence, it’s a good idea to consult with a personal injury lawyer to determine if you have a case. But for now, we’ll go over the difference between the two legal concepts and some examples…

Can someone sue if they get hurt on your property? Both business owners and homeowners sometimes have questions about what happens if someone gets hurt on their property. Under premises liability law, an injured person may have a case against the property owner or occupier if their injury was caused by an unsafe situation on the property. As with other kinds of personal injury law, the most important issue is establishing fault. If you were negligent in fixing a hazard or failing to warn others about it, the court might agree that you are liable. Generally, fault is interpreted based…

What is a premises liability policy? Many people who own or manage a business, or any property that’s open to the public, have concerns about premises liability. This is a legal term for when someone is injured due to an unsafe situation on a property - for example, when a customer slips on a wet floor and falls inside of a shopping mall.  In court, these claims are decided based on fault, and in some cases, the injured party may not be able to provide sufficient evidence that their injury was solely the fault of the property owner. (North Carolina…

Who is responsible for a golf cart accident? North Carolina is a beautiful state to play golf in, and as a result, there are many golf courses - and golf carts. These small, motorized vehicles can be handy for getting around a golf course and sometimes other areas like parks or resorts, but accidents involving these carts also result in around 15,000 injuries each year. Although golf carts are not associated with the high rates of fatalities found in larger, higher-speed vehicles, in some cases, golf cart accidents may be fatal, like a tragic 2020 crash in Holly Springs. As…