Types of Car Accident Claims in North Carolina (2024)

Car accidents are one of the most commonly reported causes of accidental injuries and deaths in the Catawba, Burke, and Caldwell Counties and throughout North Carolina each year, and these incidents occur in many different ways. If you or a loved one recently experienced a car accident that you believe occurred due to the actions of another party, you likely have grounds for legal recourse against them and may be able to recover compensation for your damages.

Before you can seek compensation for your losses, you must identify the party responsible for the accident and prove how they caused it. It’s possible for accidents to occur in many different ways, and a car accident attorney in Hickory, NC, can help their client gather the evidence needed to prove fault and to secure compensation for their damages.

Commonly Reported Types of Car Accidents

Most of the car accidents reported in the state each year happen because of negligence, or failure to use reasonable care behind the wheel. Common examples of negligence that can cause car accidents include:

• Distracted driving. This is one of the most commonly cited causes of accidents throughout the country. Cell phone use and any other distractions can easily cause serious accidents, and your attorney can help gather the evidence needed to prove an at-fault driver was not paying attention when they caused your recent accident.
• Speeding. This is another common contributing factor to the total number of accidents reported in the state each year. Additionally, speeding also increases the risk of serious or fatal injuries when an accident occurs.
• Traffic violations. All drivers are expected to heed traffic signals and navigate their vehicles responsibly. Running red lights, performing illegal turns, failing to yield the right-of-way, and other traffic violations are commonly reported causes of accidents throughout the state each year.

It is also possible for car accidents to happen because of intentional and unlawful misconduct behind the wheel. When drivers cause accidents by breaking the law, they face not only liability for the damages they inflict on others but also criminal prosecution from the state. The most commonly cited forms of illegal misconduct resulting in vehicle accidents include:

• Driving under the influence (DUI) of alcohol or drugs. This is a commonly prosecuted criminal offense that may lead to fines, jail time, loss of driving privileges, and more.
• Reckless driving. This can include behavior such as excessive speeding, tailgating, and road rage. When drivers cause accidents in this manner, they can face penalties that will increase based on the severity of the damage they have caused.

No matter how your recent accident happened, you have the greatest chance of securing maximum compensation for your damages with an experienced attorney’s help on your side. Your attorney can secure various forms of evidence to help prove exactly how your accident happened and identify the driver responsible for your damages. Their legal representation can also be crucial for success with an automobile insurance claim and a subsequent personal injury claim, helping you to maximize your total recovery.

FAQs

Q: Is North Carolina a No-Fault State?

A: The state is not a no-fault state, meaning the fault rule applies to every car accident. The driver at fault for an accident faces liability for all damages they inflict on others with their negligence or illegal actions behind the wheel. Additionally, the fault rule requires all drivers to have automobile insurance with liability coverage, which will pay for damages they cause to others if they cause an accident.

Q: How Long Will It Take to Settle a Car Insurance Claim?

A: You have a limited time in which to file your insurance claim after a car accident, sometimes as little as a few days. It’s imperative to have an experienced attorney help with this claim. As long as fault is clear and you have a good attorney helping with the claim filing process, it may only take a few weeks for you to receive your settlement check from the insurance company.

Q: How Much Compensation Can I Claim in a Personal Injury Case for a Car Accident?

A: If you are unable to fully recover your losses through insurance after a car accident, you have the right to pursue a personal injury claim against the driver who caused the accident. Success with your claim could mean securing compensation for all the economic losses you suffered, such as vehicle repair costs and medical expenses that insurance can’t cover, as well as compensation for income you were unable to earn after the accident. You also have the right to claim pain and suffering compensation.

Q: How Much Pain and Suffering Compensation Can I Claim?

A: North Carolina law does not place a cap or limit on pain and suffering compensation in car accident claims. A plaintiff has the right to seek as much as they believe to be appropriate to reflect the severity of their damages, and your attorney can provide helpful guidance when it comes to determining a fair amount to include in your claim.

Q: What Is the Statute of Limitations for a Car Accident Claim?

A: If you plan to file a personal injury claim in response to your recent car accident, the statute of limitations or time limit for filing the claim is three years from the date the accident occurred. Failure to file your claim within this time limit means losing the chance to recover compensation from the at-fault driver. Finding an attorney to help build your case as soon as possible after your accident will significantly improve your chances of success with the case.

The attorneys at Helton, Cody & Associates, PLLC, have years of experience handling a wide range of personal injury claims on behalf of clients in Burke, Catawba, and Caldwell Counties, including those arising from car accidents. We know how to confront insurance carriers for our clients and how to maximize their recoveries through personal injury claims. If you are ready to pursue compensation for the damages you recently suffered in a car accident, contact us today and schedule a consultation with our team to learn how we can help.