Raleigh Car Accident Lawyer

The statute of limitations for legal actions involving negligence is specified in Section 1-52 of the North Carolina General Statutes. If you have been harmed as a result of someone else’s negligence – including in a car crash – you have 3 years from the date of the accident to bring a claim.Wrongful death claims are governed by a separate statute of limitations. North Carolina General Statute § 1-53 states that claims for “the death of a person caused by the wrongful act, neglect or fault of another” must be brought within 2 years. So, if you lost a loved one in a car accident caused by the negligence of another driver, you have 2 years from the date of their passing to file a lawsuit.

Ideally, you will be able to settle your car accident claim favorably well before the statute of limitations expires. However, this might not be possible if you sustained serious injuries for which you continue to receive treatment (the value of a settlement should be calculated once the injuries are stable). Furthermore, the defendant’s insurance company may drag its feet in resolving your claim – or even deny you compensation altogether.

Should either of these situations arise, it is important to take legal action prior to the approach of the statute of limitations. You will be barred from filing suit after the time limit, and you do not want to miss the opportunity to recover the compensation you deserve.

North Carolina does not impose any caps on the damages a plaintiff can recover for injuries and losses sustained in a car accident. As such, you can and should pursue recovery for all of the economic and non-economic losses you have suffered.

However, drivers in North Carolina are only required to carry $30,000 in liability insurance coverage per person and $60,000 in liability insurance coverage per accident. Many drivers ignore the law and do not carry any liability insurance at all.

For these reasons, it is important to work with a Raleigh car accident lawyer who can do an exhaustive search on your behalf to identify (a) the insurance coverage available to you and (b) the coverage available under the at-fault driver’s policy. Additional insurance coverage may be available if multiple parties are liable for damages, potentially enabling you to recover more in compensation.

North Carolina is a “fault” state. If you are injured in a car accident as a result of another driver’s negligence, the other motorist and his or her insurance company is liable.

Drivers are considered negligent when they breach the “duty of care” they owe to others. The duty of care encompasses all of the obligations that are placed on a driver when operating a motor vehicle, such as obeying the speed limit, leaving a safe distance between other vehicles, etc.

When drivers (a) breach the duty of care through negligence and (b) this breach is the proximate cause of injury to others, they are liable for the damages they have caused. What constitutes negligence depends on the specific facts and circumstances of the car crash.

For example, a motorist who is driving the speed limit on an open road in clear weather is exercising the necessary care. However, if that same motorist is driving at the posted speed limit in inclement weather on a slippery road, this would likely be considered negligence. Were an accident to occur in the latter scenario, the driver going too fast for conditions would probably be found liable for the crash.

Negligence is governed by common law rather than specific statutes. Years of court decisions go into determining what constitutes a deviation from the acceptable standard of care in a given scenario. Ultimately, when a car accident case goes before a jury, it is up to the jurors to decide whether the actions of the defendant rise to the level of negligence.

When it comes to car wrecks, “fault” really means cause. In other words, fault for a car accident is established by determining (a) who caused the crash and (b) how that individual’s actions led to the collision.

Unfortunately, fault for car accidents is often far from clear cut in North Carolina. We are one of only four states in which the archaic, draconian, common law theory of contributory negligence still exists.

North Carolina’s contributory negligence rule bars recovery in personal injury cases where the plaintiff is found to be at fault. To be clear, ANY degree of fault on the part of the plaintiff – no matter how minor – disqualifies the victim from obtaining compensation.

Predictably, this means insurance companies will do anything they can to find you even 1% at fault for causing the collision. If they do, the insurer can deny your claim.

Contributory negligence comes up in every personal injury case we handle. It is imperative to consult an attorney as soon as possible if you are accused of sharing any fault for a car accident.

Although the contributory negligence standard puts plaintiffs at a major disadvantage, it is not impossible to overcome. North Carolina General Statutes § 1-139 requires that the “party asserting the defense of contributory negligence has the burden of proof of such defense.” So, the defendant and/or his insurance company must present evidence of negligence on the part of the plaintiff. In North Carolina, “preponderance of the evidence” (defined by the North Carolina Judicial Branch as “[evidence] as a whole which shows the fact is more likely than not”) is the burden of proof that must be met to prevail in a civil case.

To avoid liability in your car accident claim, the defense must prove that negligence on your part contributed to the accident. Unfortunately, this is not difficult to do; even something as simple as driving slightly over the speed limit, not signaling a turn, etc. could lead to a collision.

However, thorough collection of the evidence and aggressive representation by a car accident attorney can make an enormous difference in countering any contributory negligence arguments raised by the defense.

Bottom line: Don’t give up if the insurance company says that you were partially at fault and denies your claim. Instead, you should speak to a Raleigh car accident lawyer as soon as possible.

The average car accident settlement in North Carolina can vary widely depending on factors such as the severity of injuries, property damage, medical expenses, and liability considerations. Settlements may range from a few thousand to hundreds of thousands of dollars. Consulting with legal professionals who are familiar with local cases can provide a more accurate estimate based on the specifics of your situation.

No, North Carolina is not a no-fault state for car accidents. North Carolina follows a fault-based system, which means that the at-fault driver’s insurance typically covers the damages of the injured party. However, North Carolina law also requires that drivers carry liability insurance to cover their own negligence.

In North Carolina, fault in a car accident is determined based on the legal concept of “contributory negligence.” If a plaintiff is found even slightly at fault for the accident, they may be barred from recovering damages. This strict standard means that if you’re deemed responsible, you might not be eligible for compensation. Establishing fault often involves gathering evidence, witness testimonies, police reports, and expert analysis.

Pain and suffering in the context of a car accident refers to the physical and emotional distress experienced by an injured party due to the accident and its aftermath. In North Carolina, eligible individuals can seek compensation for pain and suffering, in addition to medical expenses, property damage, and other losses. Determining the value of pain and suffering can be complex, taking into account factors like the severity of injuries, impact on daily life, and long-term effects.