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When someone is injured in a car accident, they should contact a Winston-Salem car accident lawyer to understand their rights and the rules pertaining to the process they are now involved in with regard to claims for property damage and/or bodily injuries. There are a number of important factors a person needs to be aware of when involved in a car accident in Winston-Salem.

Contributory Negligence

All potential claimants should know that contributory negligence can play a significant role in car accident cases in Winston-Salem. When successful, contributory negligence can permit someone to avoid responsibility for damages they have caused.

The kinds of factors that can move the liability or fault one way or another are those that tend to indicate the injured person was somehow partially at fault, or contributed to, the accident giving rise to the injuries.  In car accident cases, failing to keep a proper lookout or failing to keep the vehicle under proper control are commonly raised as a basis to establish the contributory negligence of the injured person.  Those are just two examples; there are many other factors that could be considered.

Important Parts of the Process

It is important for someone to understand the process, their rights, and what time limitations apply so they can make informed decisions and not fall victim to pressure or bully tactics that insurance companies might use.

Car accident claims are handled in Winston-Salem by using available resources to conduct a timely investigation in order to preserve key evidence.

It is important to contact an attorney early in the case because the insurance company adjusters start calling soon after the crash. Many times, insurance companies offer just a little bit of cash quickly upfront to try to settle a case. That only helps the insurance companies; it does not help the injured person. A person should call an attorney early on just so they know their rights.

Common Causes

In today’s climate, driver distraction is probably the most common cause of car accidents in North Carolina. Driver distraction can consist of anything from talking on the cellphone, reading texts, sending texts, and surfing the Internet while driving. Those activities are probably on the rise and the problem is only getting worse.

Other common causes of driver distraction are conversations with passengers, people putting on their makeup, parents dealing with children located in the back seat, eating while driving, and lighting a cigarette. Anything that takes an individual’s mind and eyes off the road is a distraction.

Distractions When Driving

Right now, almost all driving distractions are all treated pretty equally under criminal and civil laws. However, statutes were recently enacted about texting and driving and other statutes that limit the use of cellphones or require the use of a Bluetooth device in North Carolina and other states in an effort to reduce distracted driving

Studies show that driving while texting is more dangerous than driving while impaired. Right now, the status of the law is that driver distraction is treated equally to other distractions. However, that may change going forward if this trend continues and we continue to see a large number of accidents and fatalities.