Mooresville Car Accident Lawyer

Mooresville Car Accident Attorney

One negligent or reckless act by a driver can have catastrophic consequences for anyone caught up in the resulting accident. North Carolina is an at-fault state when it comes to car accidents, which means you can seek compensation from the driver who caused the collision. Having legal representation from a Mooresville car accident lawyer can greatly improve the chances that you receive compensation for your personal injury losses.

Common Causes of Car Accidents in Mooresville

Distracted driving is a leading cause of car accidents in Mooresville and across the country. In 2022, distracted driving caused nearly 4,000 roadway fatalities. When drivers take their eyes or attention off the road or their hands off the wheel, the consequences can be life-altering for nearby drivers and bystanders. The use of smartphones poses a common distraction.

Excessive speed can make it more difficult to react to changing road conditions. Speed is a common factor in car accidents, including deadly collisions. Excessive speed greatly increases the chances that a car crash will be fatal. Speeding and distracted driving can also be a dangerous combination. Government data shows that even short glances away from the road can double the chances that someone is in a car accident.

Driving under the influence is another common cause of car accidents. Those who are intoxicated while driving can face criminal charges. Even when criminal charges are brought, the at-fault driver can also face civil liabilities if they caused an accident. Drivers could be impaired from illegal drugs, alcohol, or prescription drugs. Many drugs reduce drivers’ reaction time.

Drugs like alcohol increase the likelihood that someone will engage in reckless behavior like speeding and aggressive driving. Other common causes of car accidents are driver fatigue, failure to adjust driving habits to road conditions, and obstacles in the road. Whatever the cause of your accident may be, a car accident lawyer can represent you during the insurance claim process and possibly take further legal action against the driver.

Important Steps to Take Following a Car Accident

A car accident can leave you jarred and disoriented. However, your first priority is to take care of yourself and your passengers. Assess whether anyone in the car may be injured and call law enforcement immediately. Tell the dispatcher where the accident occurred, how many vehicles are involved, and how many people may be injured.

If you can safely do so, move to a safe area and wait for EMS to arrive. Even if you do not believe you are injured, consider allowing EMS to perform a physical to assess you for injuries. Sometimes, after the shock of an accident, you may not realize that you were hurt. It is better to have any injuries documented early on.

Gather information from other victims, witnesses, and the driver who caused the accident. In addition, take photos and videos of the crash scene. When the police question you, stick to the details and do not mention accusations of fault. Instead, let the facts of the case speak for themselves. Schedule a doctor’s visit as soon as you can to have a thorough exam performed.

Next, contact a car accident attorney who can handle your insurance affairs on your behalf if needed. If the at-fault driver’s insurance company contacts you, refer them to your attorney. Do not discuss the accident with them, as they may try to trick you into saying things that weaken your claim. Your car accident attorney can engage in discussions and negotiations with the insurance provider so that you’re not taken advantage of.

Proving Liability After an Accident

North Carolina is an at-fault state when it comes to vehicle accidents. This means that the driver who caused the accident is financially responsible for any physical damage or bodily harm they caused. The insurance companies involved will conduct their own investigation. In addition, the police officer who responded to the crash will issue a police report, which may detail who caused the accident.

Determining fault involves examining evidence such as police reports, eyewitness accounts, and other relevant information. Your personal injury lawyer can conduct their own investigation by examining the police report, speaking to you in detail about the accident, interviewing witnesses, and conducting other forms of research.

Sometimes, the at-fault driver’s insurance company may try to allege that you played a small or large role in causing the accident. Your lawyer can use evidence to rebut any effort to do so.

What Will My Settlement Look Like?

The other party’s insurance company may assess the financial liability of their customer and offer a lump sum settlement. In North Carolina, you are not required to accept a car insurance settlement offer when it fails to cover the costs you incurred.

If you believe the settlement amount is insufficient to cover your damages or losses, you have the right to negotiate with the insurance company. Your car accident attorney can carefully review any settlement offer to make sure that it is in your interest. They can also negotiate on your behalf.

There are many factors to consider when evaluating a settlement. You may still require medical treatment for your injuries, so you should not accept a settlement that does not adequately cover your future treatment costs.

Can I Sue the Negligent Driver?

You can sue the negligent driver, but the first route when seeking financial compensation is through the at-fault party’s insurance. There may be times when that insurance policy does not adequately cover the damages you incurred. In other situations, the driver may be uninsured.

Your lawyer can review the case to see if you have a strong case in civil court. If so, your lawyer may draft and file the legal paperwork in court.

Personal injury claims are typically settled outside of court through a settlement. Your attorney will consider all of the expenses related to the accident when coming up with a suitable settlement offer. Pain and suffering can be included in those estimates to account for the emotional harm you suffered.

If the at-fault party offers a fair settlement, accepting it ends the case. The at-fault party may or may not admit guilt as a part of the settlement agreement. Even if they do not admit guilt, the settlement still holds them accountable for their negligent driving.

The Importance of Having Legal Counsel Following a Car Accident

Injured drivers and passengers often face numerous challenges following a car accident. The immediate aftermath can be overwhelming, with the stress of medical treatments, potential loss of income due to missed work, and the daunting task of managing these disruptions while trying to restore a sense of normalcy.

Navigating these difficulties alone can be incredibly taxing and may hinder your ability to focus on recovery. Retaining an attorney can significantly alleviate these burdens. Legal representation not only helps you manage the intricate details of your case but also enhances the likelihood of a fair settlement. Insurance companies and the at-fault party might attempt to shift blame or make misleading claims to reduce their liability.

An experienced attorney can effectively counter these tactics, ensuring that your rights are protected and your voice is heard throughout the settlement process. An attorney can also handle the legal complexities and paperwork, allowing you to concentrate on healing. They can gather evidence, negotiate with insurance companies, and advocate on your behalf, which is crucial in obtaining the compensation you deserve.

This support can be instrumental in easing your stress and providing peace of mind during a difficult time. With a dedicated attorney by your side, you can navigate the aftermath of a car accident with greater confidence and security, ultimately helping you get your life back on track.

FAQs

Q: How Long After a Car Accident Can You Sue in North Carolina?

A: You have three years to sue after a car accident in North Carolina, as the statute of limitations for a personal injury case is three years. Missing this important legal deadline could mean that you are no longer able to use the court system to seek monetary compensation for your injuries.

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

A: Yes, North Carolina is a no-fault state when it comes to car accidents. The driver who caused the accident is financially liable for any damage or bodily injury they cause. Usually, compensation is paid through the at-fault driver’s car insurance. If the policy does not fully cover the costs incurred by the injured party, they may hire an attorney to take direct legal action against the driver.

Q: How Long Does an Insurance Company Have to Settle a Claim in North Carolina?

A: Insurance companies have 30 calendar days after receiving a claim to either pay it out or send a notice of denial, per the North Carolina General Statutes § 58-3-225. The notice must include a specific reason for the denial. However, there is no specific time limit for settling a claim because each case is different, and the time it takes to settle can vary

Q: What Are the Car Accident Laws in North Carolina?

A: North Carolina’s car accident laws include potential civil and criminal penalties for drivers who cause accidents. Criminal penalties are reserved for crimes such as drunk driving and vehicular manslaughter. At-fault drivers can also be held financially liable for damage and bodily injury they cause.

Schedule Your Mooresville Car Accident Lawyer Consultation Today

If another party caused your car accident, you may be able to hold them financially liable for the damage or injury they inflicted. The first avenue to compensation is through the at-fault driver’s car insurance policy. However, to ensure that you are fairly compensated for your injury, your lawyer can explore the possibility of taking direct legal action against the driver.

At Law Office of Lyndon R. Helton, PLLC, we can help you secure compensation from the at-fault party. Contact us for assistance with your car accident claim.