Lincolnton Car Accident Lawyer

Lincolnton Car Accident Attorney

Car accidents can have devastating effects on your life. Incidents involving motor vehicles happen frequently, ranging from minor property damage to catastrophic injuries and death. Severe damages are never easy to emotionally and financially navigate, but it can be even harder when you are not to blame for the accident. After a crash, it is important to contact a Lincolnton car accident lawyer to support you through an insurance or personal injury claim.

Compensation will not fix everything you suffered in an accident. However, it can provide you with much-needed stability and support. It can enable you to cover lost income and medical costs, allowing you to make these payments until you are healed.

Many people may fear that hiring an attorney will limit the compensation they earn. While attorneys do get paid a percentage of the case award, you are much more likely to recover the maximum damages and have a successful claim with an attorney by your side. Even if you have a claim where it seems simple to prove who was at fault, an attorney can provide you with significant help and address any issues that you may not have expected.

Legal Representation for Those Injured in Lincolnton Car Accidents

In addition to being better for your claim, working with an attorney in Lincolnton can help you deal with the legal aspects of it. It isn’t easy to navigate the process of a claim and the often frustrating task of negotiating with insurance providers. This is made much harder when you have a painful or life-altering injury. An attorney can provide guidance and legal support while handling complex negotiations for you.

If you were in an accident in Catawba, Caldwell, or Burke Counties, the Law Office of Lyndon R. Helton, PLLC, can help. For more than 23 years, our team has proudly served injured individuals in these and the surrounding communities. With experience in personal injury and car accident claims, our firm has the resources and understanding needed to support you. We take the time to understand your needs for a claim.

With a background in insurance defense, our firm is uniquely qualified to understand how to handle car insurance claims and navigate the tactics used by insurance providers. We know what insurance agencies look for after accidents, and our attorneys can protect your rights and financial interests.

What Are the Common Causes of Vehicle Accidents in Lincolnton?

The causes of car accidents are important to understand so you can drive more defensively and be aware of negligent or dangerous actions as a driver. Additionally, the cause of an accident is essential to determining the party who was at fault. Most often, this is another driver. However, there are situations where a public or private entity is liable for an accident. Once you have determined the liable party, you can hold them accountable for your damages.

Common causes of car accidents include:

Distracted Driving

This is the top cause of car accidents across the country. When someone takes their eyes or their mental focus off the road for even a few seconds, it can result in an accident. A distracted driver can miss changes in the speed of traffic, a light change, pedestrians or cyclists in their lane, or even animals on the road.

Distracted driving covers many types of behavior, including:

• Texting
• Using navigation apps
• Personal grooming
• Changing the music
• Eating
• Drinking
• Talking with passengers

When a driver is distracted and their inattentiveness causes an accident, they can be held liable.

Driving While Intoxicated (DWI)

Driving under the influence of drugs or alcohol is illegal, and doing so is harshly prosecuted. A DWI is dangerous for all on the road, as it lowers the reaction time and cognitive ability of a driver. This increases the chances of an accident occurring. When someone is at fault for the accident and DWI, they will face criminal charges in addition to any civil claims.

Speeding

When drivers exceed the speed limit, they limit the amount of time they have to react to road changes, reduce the distance they have to slow down, and increase the chances of a collision. They also increase the resulting severity of a collision. Posted speed limits exist to ensure that drivers are operating at safe speeds for the traffic level, road design, and location of the road.

Other Traffic Violations

In addition to speeding, other actions that break traffic laws and interrupt the flow of traffic can cause an accident. Illegal turns, ignoring stop signs and lights, or failing to yield the right-of-way are all traffic violations that could cause an accident.

Aggressive Driving

Aggressive driving includes actions such as:

• Tailgating
• Swerving through lanes
• Cutting off others on the road
• Preventing other cars from passing
• Road rage

These actions can increase danger on the road and make an accident more likely.

Vehicle Malfunctions

Car malfunctions can cause an accident, particularly when essential systems like the brakes, suspension, or tires fail. In some cases, the driver or owner is at fault for failing to address a broken part of their vehicle.

If poor maintenance caused the issue, the company that completed the maintenance may be liable. The malfunction may have also been the fault of a defective vehicle component. A product liability claim may be necessary to hold the manufacturer or distributor liable for a faulty product.

Road Conditions

Inclement weather and badly maintained roads can cause accidents. Although drivers are not responsible for the weather, they are responsible for how they react to it. If drivers do not adjust their speed for low-visibility or slippery road conditions, this can result in an accident. Poor road conditions, like ineffective drainage or potholes, can also cause accidents. While these may be the fault of drivers, they may also be the fault of the agency responsible for their maintenance.

Depending on the unique cause and circumstances of the accident, multiple parties could be liable. However, just because a driver was negligent does not always mean that they are at fault. Their behavior must have partially or totally caused the accident for them to be considered liable for damages.

What If I Am Partially at Fault?

North Carolina personal injury law is very harsh on injured parties. It operates under contributory negligence laws for fault, meaning that, if you are found even 1% at fault for an accident, you are barred from insurance or civil compensation.

This is why it’s crucial that you secure the representation of qualified legal counsel. Although you may think that the situation has clear fault, the insurance company will work hard to find any reason why you may be partially at fault so that they can deny you all compensation. An attorney can be helpful in potentially preventing these issues and defending against them.

Car Accident Lawyer FAQs

Q: How Much Can Someone Sue for a Car Accident in North Carolina?

A: The settlement you receive from a car accident claim in North Carolina will be proportional to the damages you suffered in the accident. This includes the exact values of economic damages like:

• Lost income
• Medical treatment
• Long-term rehabilitative care
• Prescriptions
• Property damage

It also includes noneconomic damages, like physical pain, mental anguish, and loss of quality of life.

Your settlement will rely on how serious your injuries are and the value of your losses, which are unique to your situation. An attorney can help you estimate a likely settlement.

Q: Is North Carolina a No-Fault State for Accidents?

A: No, North Carolina is not a no-fault state for automobile accidents. Instead, the state uses the fault standard. When you are in a car accident, you file insurance claims to cover your damages with the insurance provider of the at-fault driver.

If the driver does not have the required insurance coverage, or the claim does not recover all your losses, you may be able to file a personal injury claim in Lincolnton. Personal injury claims are based on the negligence or misconduct of another party.

Q: How Long After a Car Accident Can You Sue in Lincolnton, NC?

A: After a car accident, you have three years to file a personal injury claim in North Carolina. This is the statute of limitations for civil injury claims if a car insurance claim does not cover your losses.

If you are filing an insurance claim, you likely have much less time. Each insurance provider has its own deadlines, which may range from several days after the accident to a month or two after the incident. If you do not file your claim within the deadline, you may lose your right to any compensation.

Q: How Is Fault Determined in a Car Accident in North Carolina?

A: An investigation of a car accident determines the cause and the at-fault party. Law enforcement, insurance providers, and attorneys are likely to investigate. To prove that a party is at fault and liable for damages, the following must be true:

• The party owed the injured party a duty of care.
• The party breached this duty of care.
• The injured party would not have been injured if the breach had not occurred.
• The injured party suffered economic and noneconomic damages as a result.

Contact the Law Office of Lyndon R. Helton, PLLC, for Legal Support

You want to find the right attorney with experience and success in car accident claims. The qualified team at the Law Office of Lyndon R. Helton, PLLC, works hard to provide you with quality legal care in the face of such a difficult situation. Contact our firm today to see how we can help.