Charlotte Car Accident Lawyer

Charlotte Car Accident Lawyer

If you have been in an automobile accident, you may need the help of a Charlotte car accident lawyer. A crash attorney could be the right resource to help resolve your case and provide you with the support you need during this difficult time. Whether you were involved in a car accident, truck accident, motorcycle accident, or pedestrian accident, you may be able to seek compensation.

In Charlotte, North Carolina, where the risk of car accidents is ever-present due to its dense population, seeking the guidance of a seasoned car accident lawyer is critical for those involved in automobile incidents. From rear-end collisions to hit-and-run accidents, understanding the legal process and one’s rights is crucial.

With the support of an experienced attorney, victims can navigate the complexities of their case, negotiate fair settlements, and ensure accountability for negligent actions, ultimately striving towards just outcomes in the aftermath of a car accident. Car accident lawyers can answer the legal questions you may have and help you understand the full extent of your legal options.

What to Do After a Car Accident

Driving may be one of the most dangerous things you do on a regular basis. The threat of car accidents is ever prevalent, especially in Charlotte, a city with a population of more than 874,000 people. With the number of drivers on the road, there is an increased likelihood of car accidents.

If you are involved in an auto accident, it’s important that you remember the following steps:

• Stay at the scene of the incident. If an individual was injured or killed during the accident, it is important that all parties remain at the scene unless they require immediate medical attention. Any party that flees the scene of the accident could be charged with a hit and run, which could damage their finances, freedom, and reputation. Hit-and-run charges can result in serious fines and possible jail time.
• File a police report. While at the scene, you should immediately call 911. Wait for the police to arrive and then file a police report. This official documentation of the accident may be used as evidence later on in the case.
• Exchange information. It’s important to exchange contact and insurance information with all other parties involved in the accident. You should also get the contact information of any witnesses who could be contacted at a later date regarding the case.
• Get the necessary medical attention. When calling 911, you should also request medical attention. It’s crucial that any injuries you experience are documented and addressed by a professional. It is common for accident victims to feel no initial symptoms and forgo medical attention, only to start experiencing symptoms days later. As an accident victim, you’ll want to ensure your injuries and damages are promptly addressed both for your well-being and because they may factor into your settlement later.
• Document the accident. If you are able to do so, take photos and videos of the scene. These photos may serve as evidence of the incident, showing what happened and the damages that occurred.
• Speak with an attorney. Finally, perhaps the most important step is to contact an accident attorney. It’s important that you do this before speaking with an insurance company’s representative, as admitting any fault to an insurance provider can prove to be detrimental to your case. It is highly recommended that you do not speak with anyone before meeting with an attorney.

Common Causes of Car Accidents

Car accidents in Charlotte, North Carolina can be caused by several different things. Some of the commonly seen causes of car crashes include:

• Driving distracted. Drivers can be distracted by all sorts of things. The most common distraction may be one’s cell phone, but things like eating while driving, talking to other passengers in the car, or adjusting the radio or temperature can also be distracting. While operating a vehicle, it is important that drivers remain alert and aware of their surroundings at all times. Driving distracted puts everyone on the road at serious risk.
• Speeding. Driving over the speed limit can be dangerous and can put others on the road in immediate danger. Drivers commonly speed when they are late to work, rushing, or just not respecting the posted speed limit. Driving over the speed limit can be considered reckless driving, lead to a serious accident, and should be avoided at all times.
• Drunk driving. Drunk driving is a serious offense. Sadly, there are numerous instances of drunk driving accidents in North Carolina each year. Driving while intoxicated can lead to serious injuries or even death. Therefore, it’s important for drivers to always drive responsibly. If they are too drunk to drive home, they should take an Uber or have a designated driver. Those who are charged with a DUI may also be sued if they cause an accident.
• Driving while under the influence of drugs. Driving after taking drugs is a serious offense that can lead to a substantial fine, jail time, license suspension, and a mark on your driving record. It puts everyone on the road in serious danger, and the chance of an accident is heightened.
• Inclement weather. The weather plays a role in the safety of all drivers on the road. Poor weather conditions such as rain, snow, hail, or high winds can significantly impact a driver’s ability to maintain control of their vehicle. It is not uncommon for bad weather to contribute to a car accident. However, drivers also have a responsibility to adjust to the weather. For instance, they should slow down while in heavy rain or snow.
• Mechanical failure. There is also the chance that a car could have a mechanical issue, such as a blown tire, transmission failure, or a braking malfunction. It’s critical that drivers routinely have their vehicles checked and maintain proper maintenance to help avoid any of these crucial failures. If a failure happens while on the road, drivers often do not know what to do. They may panic, lose control of their vehicle, and collide with another car.

Common Types of Car Accidents

There are several different types of car accidents. Some of the most common that occur in the Charlotte area are:

• Rear-end collisions. Rear-end collisions take place when an automobile runs into the back of another. This often happens when the rear driver is distracted or following the front vehicle too closely and fails to stop in time. These types of collisions can vary in severity. It’s important for drivers to maintain a safe distance between themselves and other cars and also to pay attention to the road at all times.
• Head-on collisions. Head-on collisions are perhaps the most devastating of all car accidents, and they happen when two vehicles collide front-end to front-end. These types of crashes may be caused by drivers not paying attention or one driver going the wrong way. Due to the substantial force of impact, these accidents can cause serious damage and injuries. They are most likely to lead to death or catastrophic injury.
• T-bone collisions. T-bone accidents happen when one vehicle runs head-on into the side of another vehicle, making the shape of a T. These accidents typically happen at intersections. If one driver isn’t paying attention or runs a stop sign or red light, they may crash into the side of another vehicle that has the right of way.
• Sideswipe collisions. Sideswipe accidents happen when two vehicles are traveling parallel to each other and collide along the sides of the cars. These accidents are typically less severe than others.
• Hit and run accidents. If there is an auto accident and one party flees the scene, it is considered a hit and run. Fleeing the scene of a car accident is illegal in North Carolina, so it’s important you always remain at the scene of the crash.

Common Types of Injuries

Auto accidents can be very dangerous incidents and cause serious injuries. Perhaps the most common injury resulting from an auto accident is whiplash. Whiplash happens when the head is rapidly jerked forward and back due to the substantial impact of the crash. It can cause soft tissue damage in the neck.

Whiplash symptoms often do not appear until a few days after the accident, which is why it is important for victims to seek medical attention immediately, even if they feel no symptoms. While whiplash is often thought to be a minor injury, it can have significant repercussions for the victim.

Spinal cord or back injuries are some of the most serious types of injuries that result from car accidents. These injuries can lead to severe long-term pain and possible paralysis, resulting in a long-term disability. Brain injuries are also quite serious. Traumatic brain injuries or concussions can have long-term effects and require a substantial amount of medical treatment. Brain injuries can cause memory loss, slurred speech, loss of concentration, and even death.

Victims may also suffer burns from a car accident. These burns can vary in degree, with some being minor and others requiring skin grafting and potential surgeries.

Broken or fractured bones are also common among car accident victims, including fractured arms, wrists, ribs, and ankles. The severity of these injuries can vary from minor fractures that heal fairly quickly to major fractures requiring surgical repair.

Damages That Can Be Recovered

You should receive compensation for all the damages you suffered as a result of the defendant’s actions. A car accident settlement may cover a variety of damages, such as:

• Medical expenses. Medical bills associated with injuries suffered from the accident could be recovered. These can include hospital bills, prescription costs, doctor visits, physical therapy, rehabilitation, surgical procedures, and any other medical costs related to the injury.
• Lost wages. If the injuries suffered force the victim to take time off work, those lost wages could be recovered as part of the settlement amount.
• Property damage. Any damages to the property of the victim, including their vehicle, could be recovered. If the victim’s car experienced significant damage or was “totaled,” an insurance adjuster will likely assess the value of the car and pay the victim.
• Pain and suffering. Pain and suffering damages can include the physical, mental, or emotional trauma that the victim endures as a result of the accident. For example, if the accident causes the victim to have serious distress or PTSD while on the road, that may be factored into the settlement calculation.
• Punitive damages. Punitive damages are not awarded in every case. They are used as a means to punish the responsible driver for their egregious or reckless actions. A judge may also award them as a way to discourage any future drivers from engaging in similarly harmful activities. The amount of punitive damages they order the defendant to pay can vary depending on the circumstances of the case.

Negligence

North Carolina is an at-fault state. This means that the driver who is responsible for the accident could be held responsible for paying for the damages and injuries of everyone else involved.

A driver is deemed negligent when they breach their duty of care owed to the others on the road. The duty of care can encompass all obligations placed on the driver. These can include obeying the speed limit, keeping a safe distance between cars, and paying attention to the road while driving.

Negligence can vary from case to case, depending on the specific circumstances of the accident. For example, if a driver was driving the posted speed limit on a road in clear weather, they may be exercising reasonable care. If that same driver was driving the posted speed limit during a snowstorm while the road was slippery, it may be considered negligence. The driver could be deemed to be going too fast for the weather conditions and held responsible for an accident.

When an Accident Leads to Wrongful Death

Unfortunately, some car accidents can result in death. When a death is involved, it can add another layer of complexity to the case. A wrongful death claim can be filed by the surviving family members of the deceased, which could be either the spouse or the children. The following types of evidence can be useful during a wrongful death claim:

• The death certificate that lists the time and cause of death.
• The medical records of the deceased. These can show evidence that the injuries from the accident contributed to the cause of death.
• Police or autopsy reports. These can show that the death was investigated by the police or a professional medical examiner.
• Tax returns or pay stubs. These can be helpful in calculating the value of the financial loss felt from the death and determining the settlement amount.
• Physical evidence. This can include photos, videos, or witness statements from the accident.

Surviving family members could be compensated for the following expenses:

• Funeral and burial expenses
• Pain and suffering the deceased suffered before they died
• Loss of companionship, comfort, assistance, or guidance from the deceased
• Medical expenses such as care, hospitalization, and treatment related to the injury
• Lost income from the deceased
• Possible punitive damages

Statute of Limitations

The statute of limitations is the legal timeframe in which victims must file a legal claim for injuries and damages they experienced from an accident. The North Carolina statute of limitations for personal injury is three years. This three-year time period starts from the date the injury occurred. This means that if you were involved in a car accident that led to personal injury, you have three years from the date of the accident to pursue legal action.

Failing to file a legal claim within the three-year period could cause you to lose your ability to receive financial compensation for your injuries or damages suffered. However, there can be certain exceptions to this statute. Although they are less common, they can be helpful to know:

• Discovery rule. The discovery rule simply states that the statute of limitations starts from the time the injury was discovered or should have been discovered. If you believe you may qualify for the discovery rule, you should speak with an experienced attorney.
• Wrongful death. If the auto accident caused a wrongful death, the surviving family members of the deceased have two years to file a legal claim.

Most Dangerous Roads in Charlotte

When driving along these roads or intersections, it’s important to remain aware and alert at all times. Some of the most dangerous roads and intersections in Charlotte include:

• The intersection of North Tryon Street and West Trade Street. This intersection is near several tourist destinations in Charlotte and is always packed with travelers either on foot or in their cars, making it incredibly busy. Along with all the tourists, the Charlotte Convention Center, the Spectrum Center, and Bank of America Stadium are near this intersection, contributing to possible distractions.
• Wesley Heights Way and Trade Street. This intersection can be dangerous, as it is home to the city’s transit system. Drivers need to pay extra attention to the transit system and their surroundings to avoid accidents.
• East Independence Blvd. East Independence Blvd is one of the busiest highways in the city. With many residential and commercial areas along the highway, there is typically excessive traffic, making it potentially dangerous.

What Factors Make a Road Dangerous?

There are several different factors that can contribute to the danger of a road or intersection. When traveling along a road or intersection in Charlotte, it’s important to look out for these signs:

• Traffic density. Roads and intersections that are susceptible to high amounts of traffic can have an increased likelihood of accidents. This is typically the case for major interstates and highways. Dense traffic moving at high speeds can be a recipe for serious collisions.
• Sharp turns. Roads that have sharp turns require vehicles to slow down to a safe speed in order for a driver to properly make the turn. If drivers are unaware or are unprepared for an upcoming turn, it could lead to a serious accident.
• Poor traffic signage. If the traffic signs along a road or intersection are missing or confusing, it can make a road even more dangerous for drivers. For example, if a stop sign is hidden by a tree or if a yield sign is not visible, that could lead to a serious accident.
• Less than ideal road conditions. Poor road conditions can include things like potholes, construction debris, or uneven roads. These can all contribute to the danger of a road. Poor road conditions paired with bad weather can make a road even more treacherous.

How a Car Accident Lawyer Can Help

A car accident lawyer can be a vital resource to have on your side if you’ve been involved in a car accident. They can help in several ways, such as investigating the case. This can include analyzing the police report, speaking to key witnesses, speaking with insurance companies, and checking medical records. An attorney can assess your case and help ensure that you get the fair compensation you deserve.

The legal system can be difficult to navigate without the help of an experienced attorney. There can be strict legal deadlines that must be met on time. A qualified attorney can ensure that all the necessary paperwork is completed before the deadline and is correctly filed with the court. Any incomplete or incorrectly filed legal documentation could delay your settlement or jeopardize your case.

An attorney can also help you negotiate with the other party. With most car accidents, settlement negotiations can be a tedious process and are usually the longest part of the case. They often require an experienced attorney who has the acumen and skill set necessary to properly negotiate with the other party. An attorney can help fight to make sure you get the settlement you deserve and that you aren’t bullied by the responsible party’s insurance company.

Having an accident attorney on your side can also provide you with the comfort of knowing that they can provide you with informed legal advice. Many questions will arise as you work through your case, but with an attorney, you can rest assured that they will be answered.

Choosing the Right Lawyer

When deciding which lawyer to choose, it’s important to keep some key items in mind:

• Choose a lawyer with a good reputation and ample experience in North Carolina car accident cases.
• Read reviews. You should always do your research on Charlotte car accident lawyers and the firm they represent. This can include reading online reviews or searching out word of mouth feedback.
• A lawyer with good listening skills is key. A reliable lawyer understands the importance of listening to their clients’ concerns and desires and can work to achieve the desired result.
• You may also want to pick a lawyer with effective communication skills. A lawyer will be responsible for not only communicating with you during the case but also communicating with the other parties, including the other drivers, witnesses, insurance companies, and the courts.

Factors That Can Impact the Settlement Amount

There are a multitude of factors that can influence the settlement amount in a car accident case. Some of the most common factors are:

• The cost of medical care. Generally speaking, the greater the medical expenses are in the case, the larger the final settlement amount could be.
• The severity of the injuries or damages. Similar to medical expenses, the more severe or permanent the injuries are, the greater the settlement amount may be. Major injuries could include brain damage, loss of limbs, or spinal cord damage. Some minor injuries may include torn ligaments, broken bones, or concussions.
• The amount of lost income. The amount of income that was lost because of the time taken to heal from injuries or deal with the legal proceedings of the case will influence the amount of the settlement.
• The degree of fault. If it is found that the responsible driver displayed an egregious amount of negligence or recklessness in their actions, it could increase the total settlement amount and possibly lead to punitive damages.
• Insurance coverage. North Carolina state law requires all drivers to carry the minimum amount of insurance coverage. However, some drivers may have no insurance. Others may have a limited amount of coverage, which may not be enough to compensate you for your damages or injuries. In these types of situations, it’s important to consult with your attorney to explore other legal avenues to receive fair compensation.

Mistakes Made in Car Accident Cases

If you are involved in a car accident that was someone else’s fault, you deserve to be compensated for your damages or injuries. To receive the compensation you deserve, you must follow the process of filing a claim. This legal process can be tedious, and victims understandably want the process to be completed as quickly as possible.

This desire for an expeditious case can sometimes lead victims to make critical mistakes, such as hastily agreeing to a settlement that’s much too low to cover their damages. Some common mistakes made during a car accident case can be:

• Admitting fault. As a car accident victim, it’s important to never admit fault to anyone. Even saying something as simple as “I’m sorry” could be used against you in court. Car accident cases can involve several insurance companies, and they are trained to take as little responsibility for the accident as possible. Their goal may be to pay out the smallest amount they can. To do so, they may use anything you say against you to assert that you share liability for the accident. Victims need to be careful about what they say and who they talk to. As a general recommendation, you should not discuss the details of your case with anyone besides your attorney.
• Not filing a police report. You may have been in an accident where the other driver told you that a police report isn’t necessary, but you should always make sure a police report is filed to protect yourself. The police report can be a key piece of evidence used in your case, and it can also be important for the insurance portion of your claim.
• Agreeing to a settlement too early. Agreeing to the first settlement offer is almost always a mistake. Most insurance companies try to pay out as little as possible, so their first offer will likely be lower than what you deserve. You should not accept the first offer, agree to anything over the phone, or sign anything in writing without consulting your attorney. As a general rule, you should not participate in any settlement negotiations without legal counsel to avoid making this mistake. If anyone contacts you about the settlement, you should direct them to speak with your attorney.
• Talking to the other party’s insurance company. You must remember that the other party’s insurance company is not on your side; they are not protecting your interests, and they do not work for you. They may attempt to contact you, but you should never speak with them without your attorney present.
• Not engaging the help of an attorney. Perhaps the biggest mistake one can make is to not seek the help of an experienced accident attorney at all. Auto accident claims can quickly become complicated. Trying to handle an accident claim on your own can prove to be detrimental. You may encounter serious pitfalls along the way or come across questions that you may not know the answer to. Speaking with an attorney is always recommended following an auto accident.

FAQs

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

A: The amount that someone can sue for in a car in North Carolina can vary depending on the specific circumstances of the incident. There is no minimum or maximum amount that one can pursue. Settlement amounts can vary from case to case with some cases as low as a few thousand dollars to some well over a million dollars.

You have the right to seek the highest amount of financial compensation for the damages and injuries suffered from the accident. Generally speaking, the greater the damages, the greater the settlement may be.

Q: What Is the Average Car Accident Settlement in North Carolina?

A: The average car accident settlement in North Carolina can vary from case to case. Each car accident case is different, and things such as the victim’s injuries, the degree of property damages, and the degree of negligence are all factors that can influence the settlement amount. For an understanding of your car accident case settlement potential, you should speak with an experienced car accident attorney who can review your case.

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

A: Fault is determined by analyzing all available evidence of the car accident and identifying who caused it. Some common evidence can include witnesses, police reports, photos or videos of the scene, vehicle damage, and medical records.

If you have been involved in a car accident, it’s important that you do not speak with an insurance representative before speaking with a qualified attorney. Insurance agents are trained to try to get you to admit fault. If you do so, they may hold it against you in your case.

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

A: No. North Carolina is not a no-fault state for car accidents but rather an at-fault state. This means that the driver determined to be at fault for the accident could be held fully liable for all damages.

The responsible driver’s insurance company will be responsible for paying medical bills, property damages, lost wages, and any other applicable damages to all other parties. North Carolina does implement contributory negligence, which means that those who contributed even 1% to the accident cannot secure compensation.

Q: What Should I Do After an Auto Accident in North Carolina?

A: After an auto accident, it is important that you remain on the scene and call 911. Once the police arrive, make sure a police report is filed. You should also get the necessary medical attention you need. Even if you feel fine, it is a good idea to be examined by a medical professional. If possible, you should take photos and videos of the scene and exchange contact information with all other parties involved and any witnesses.

The Legal Support You Need

Car accidents can lead to devastating injuries that cause physical, mental, and emotional trauma for all parties involved. It is important that accident victims receive the fair compensation they deserve and that responsible drivers are held accountable for their negligent actions.

At The Bollinger Law Firm, our legal team has the experience needed to successfully resolve any auto accident case. Our team can help you through every step of your legal case, from filing your claim to negotiating with insurance companies and representing you in court as necessary. With our team on your side, you can rest assured knowing you are receiving the quality legal representation you deserve. Contact our office today to speak with a member of our legal team about your case.