After a car accident in Charlotte, you might wonder whether hiring a lawyer is necessary for your auto accident claim. Deciding whether to seek legal representation can be a challenging decision. However, two key North Carolina laws make hiring a Charlotte car accident attorney a smart choice for anyone involved in a car accident. Additionally, accident victims who are represented by experienced attorneys typically secure higher settlement amounts compared to those who handle their claims on their own.
Understanding Liability and Contributory Negligence for North Carolina Car Accident Claims
Two important reasons for hiring an attorney for a car accident that wasn’t your fault are:
Proving Liability for Damages
North Carolina is an at-fault state for car accident claims. Accident victims have the burden of proving each legal element of negligence to win their car accident case. Those elements are:
Duty of Care
The party must have owed you a legal duty of care to be liable for damages. All drivers have a duty of care to follow traffic laws and take reasonable steps to avoid causing an accident.
Breach of Duty
You must prove the other driver’s conduct breached their duty of care. A driver who has breached their duty of care has failed to use the same level of care a reasonably prudent person would have exercised in a similar situation.
For example, a reasonable person would not drive at high speeds through a school zone because of the increased risk of an accident. Likewise, reasonable people follow traffic laws to avoid accidents, such as stopping at red lights and not making illegal U-turns.
Causation
The driver’s breach of duty was the direct and proximate cause of the car accident. In simple terms, the direct cause caused the accident — in this case, the crash would not have occurred if the other driver hadn’t run the red light.
Additionally, you must demonstrate that the driver could have reasonably foreseen that their actions could result in harm. The accident must have been a foreseeable outcome of the driver’s behavior or, at the very least, a substantial contributing factor to the harm caused.
Damages
You must sustain damages to recover money for a car accident claim. Economic damages include medical expenses, property damages, out-of-pocket expenses, and lost wages. Non-economic damages include emotional distress, diminished quality of life, impairments, pain, and suffering.
An attorney has the resources and experience to investigate your car accident and gather evidence proving your legal claim. Additionally, an attorney understands the weaknesses and strengths of legal claims, which can improve your chance of receiving a fair settlement offer.
Defending Contributory Negligence Allegations
North Carolina is one of the few states that has adopted contributory negligence for damages in personal injury lawsuits. This standard is the harshest because it bars victims from recovering damages if they have any fault for causing their injuries. If a jury determined that you were even 1% to blame for causing your car accident, you would be barred from recovering any money for your injuries.
Because North Carolina is an at-fault state for car accident claims, drivers are required to have minimum liability insurance. The minimum required automobile insurance is:
- $30,000 for bodily injury to one person ($60,000 per accident for two or more people)
- $25,000 for property damage
If you prove the other driver caused the accident, their liability insurance company is liable for your damages up to the policy limits. Some individuals purchase higher limits to protect them from liability in the event of an accident.
Insurance companies are in business to make money. They tend to aggressively defend accident claims to avoid paying settlements, especially in cases involving substantial damages. Insurance adjusters often blame victims for contributing to the cause of the car crash.
Hiring an attorney helps protect you from being falsely accused of fault. Your lawyer will handle all communications with the insurance company.
Your lawyer can also gather evidence to defend you against blame and contributory negligence allegations. Attorneys understand the law and have more resources to fight accusations of blame.
Circumstances That May Warrant Hiring a Lawyer After a Car Accident
Some car accident cases may not require the involvement of an attorney. However, depending on your circumstances, you may want to contact an attorney. You should call a lawyer if:
- Your accident involves multiple vehicles, a government vehicle, or a commercial truck.
- Your accident involves a drunk driver or uninsured driver.
- Your child was injured in the car accident.
- You sustained catastrophic injuries, significant disfigurement, or permanent impairments.
- You are unable to work because of your injuries.
- The settlement offer from the insurance company is lower than your damages.
- The accident resulted in the death of a family member.
- The insurance company is acting in bad faith, such as failing to process your claim, requesting unnecessary documents, delaying payment, or advising you not to seek legal advice.
The above list is not exhaustive of reasons to need an attorney after a car accident. It gives you an idea of the complicated issues involved in car accident claims.
The insurance company has a team of professionals who understand these issues and will work to shield the insurance company from liability. You deserve to have a team of lawyers on your side to protect your rights and interests.
Contact an Experienced Charlotte Car Accident Lawyer at Chandler Volta Personal Injury Lawyers Today For Help
For more information, contact an experienced car accident lawyer at Chandler Volta Personal Injury Lawyers to schedule a free consultation.
We proudly serve clients in Charlotte, NC, and its surrounding areas:
Chandler Volta Personal Injury Lawyers
1009 East Blvd Suite 110, Charlotte, NC 28203
(704) 980-9999
