Table of Contents
North Carolina Car Accident Attorney
Table of Contents
Key Takeaways
- Being injured in a North Carolina car accident can change your life, leaving you or a loved one with chronic pain or permanent disability.
- Motor vehicle collisions often result from negligent behaviors such as speeding, driving under the influence, distracted driving, fatigue, poor weather, failure to yield, and general carelessness.
- North Carolina car accident victims can pursue compensation for their damages, including economic, non-economic, and, in rare cases, punitive damages.
- A car accident attorney can manage the complexities of seeking compensation so you can focus on recovery.
In a split second, an auto accident can change your life. One moment, you’re driving safely, and then someone crashes into you and turns everything upside down.
A motor vehicle accident can cause serious pain and financial stress. Along with injuries and medical bills, your family may lose income from missed work. Insurance companies may even try to blame you for your injuries.
The aftermath of a car accident often leaves victims feeling uncertain. The personal injury attorneys at Marcari, Russotto, Spencer & Balaban are here to support you. We will fight on your behalf and act as your voice while you focus on recovery. Contact us today to schedule a FREE case evaluation.
Why Should I Hire a North Carolina Car Accident Lawyer?
An experienced car accident attorney in North Carolina can serve your case in many ways. The days and weeks after a collision can be stressful, and a lawyer can handle all aspects of your claim. For example, our firm can:
- Protect your rights
- Speak with the insurance adjuster
- Investigate the crash
- Assess damages
- Gather evidence
- Handle insurance negotiations
- Take the case to trial if a fair settlement is not possible
When it comes to personal injury cases, experience matters. Our attorneys at Marcari, Russotto, Spencer & Balaban know North Carolina’s laws.
Types of Car Accident Cases We Handle in North Carolina
Marcari, Russotto, Spencer & Balaban is committed to helping injured people in North Carolina. We handle all types of car accident claims, including rear-end collisions, multi-vehicle accidents, drunk driving crashes, hit-and-runs, motorcycle or pedestrian accidents, commercial vehicle crashes, and uninsured motorist claims. No matter how complex the situation, our firm can help.
Why Choose Marcari, Russotto, Spencer & Balaban
Clients often choose Marcari, Russotto, Spencer & Balaban to handle their car accident cases because they trust us for reliable legal representation and favorable verdicts. We are proud of our reputation in the communities we serve for providing strong advocacy, transparency, mutual respect, and dedication.
If you choose our firm, you can expect clear communication. We know no one plans for a car accident, so we make ourselves available around the clock by phone, email, social media, or live chat on our website.
With 200 years of combined legal experience, our attorneys are here for you. We advocate for our clients as if they were family. Let us pursue fair compensation while you focus on recovery. Call us at 855-435-7247 for a free consultation. Our personal injury lawyers work on contingency fees. If we do not recover compensation for you, you do not pay attorney fees.
Testimonials
“Great group and very transparent. I was very nervous about the accident I was in but they took care of everything as they said they would. My settlement was more than fair and they handled it.” — Dan I.
“I was just Injured on April 24th in a pretty bad car wreck, The person pulled out in front of me On a straight two lane road, it’s still hard for Me to understand how this even happened but I do know It was at no fault of mine. Right now I have staples in my head, Severe headaches, I’m having A problem with my left elbow And lower back. As soon as I reached out to these Attorneys They came to my home in Asheville from Charlotte. I was Very impressed with their timing and concern for my wellbeing! So far so good!” — Amanda J.
“I’ve had to use these people 2xs for two different accidents a year apart. My lawyer was great about getting back to me, answered my questions when I had them and keeping informed and updated about my case. If you ever need to file an accident claim I definitely recommend them. I got my money 2 days shy of it being a year [since] my accident.” — Kathryn M.
Meet Our Car Accident Attorneys
Common Causes of North Carolina Car Accidents
Car accidents have many causes. Unfortunately, many result from negligence and are preventable. Common reasons crashes occur in North Carolina include:
- Distracted driving, including visual, manual, and cognitive distractions
- Ignoring speed limits, leading to high-impact crashes
- Driving under the influence of alcohol or drugs
- Reckless behavior and traffic violations
- Poor road conditions, such as potholes, design flaws, or other defects
- Weather that reduces visibility or creates slippery conditions
- Failure to yield to traffic lights and signs
In any accident, identifying the cause is critical because it determines who is at fault and responsible for the damages. Cause is also a key factor when building a personal injury or wrongful death case.
Typical Injuries Resulting from a Car Crash in North Carolina
Motorists and passengers can suffer many types of injuries in a car accident. The most common include:
- Whiplash
- Broken bones and fractures
- Cuts and lacerations
- Burns
- Concussions
- Spinal injuries
- Soft tissue damage
- Traumatic brain injuries
- Permanent or Partial Disability
Some injuries, such as broken bones and cuts, may heal over time, but others can have long-term or permanent effects. For example, a spinal cord injury can cause paralysis, and a traumatic brain injury can lead to lasting mobility, cognitive, and behavioral challenges.
That’s why it is important to see a healthcare provider as soon as possible. Insurance companies might dismiss injuries as minor, but some injuries do not show symptoms right away. Creating a medical treatment record is also helpful for your injury claim because it provides clear documentation.
What to Do After a Car Accident Injury in North Carolina?
Experiencing a car crash is frightening. You may be in shock or unsure what to do. The following steps can help:
- If safe, move your vehicle to a safe place.
- Call the police so they can create an accident report.
- Get medical care right away.
- Collect the other driver’s information, including name, address, phone number, license plate number, driver’s license, and insurance details.
- Gather evidence at the scene, including photos, video, and witness contact information.
- Write down all the details of the crash while they are still fresh.
- Avoid detailed conversations with insurance companies. Provide only the required basic information.
- Call a North Carolina car accident attorney to guide you through the legal process.
Do I Need to Call the Police if I Have an Auto Accident?
Yes. North Carolina law requires you to call the police after an auto accident if there is any injury, death, or property damage of $1,000 or more. Even in smaller accidents, it is still a good idea to get a police report for documentation and to protect your rights.
Your Rights After an Accident
Individuals injured in a car accident have rights under North Carolina law. You have the right to pursue compensation, remain silent with insurers, have legal representation, and seek a fair trial if a settlement cannot be reached.
Knowing these rights early is important. If you speak with insurers after the accident, they can use what you say against you and affect the outcome of your case.
How Do You Deal with Insurance Companies After an Accident?
You want to exercise high caution when speaking with insurers. Even if they sound sympathetic, always remember their goal is to pay out as little money as possible.
- Never admit fault
- Avoid making recorded statements
- Consult with an attorney ASAP
- Do not accept initial settlement offers
- Only share basic information (let your attorney handle communications)
- Keep all documentation, including diagnosis and medical expenses
Insurance companies may try to minimize your insurance claim, but your lawyer can help you pursue fair compensation.
Common Mistakes After a Car Accident
While there are many steps you should take after an accident, there are also things you want to avoid right away.
- Admitting fault or apologizing at the scene
- Failing to seek medical attention
- Not calling the police or getting a report
- Talking to the other driver’s insurance company without legal advice
- Signing documents or medical release forms from insurers without review
- Posting about the accident on social media
Anything said at the accident scene becomes part of the record, so it’s important to be careful. Even if you think you caused the collision, there may be factors you don’t know about. For example, the other driver may have been drinking or texting.
Parties Who Could Be Held Liable for a Car Wreck in North Carolina
Proving liability is central in a North Carolina car accident. Potential at-fault parties can include the other driver, multiple drivers, commercial vehicle operators, car manufacturers, government entities such as those responsible for road hazards, and other third parties.
Could You Recover Compensation if You’re Partly to Blame for a North Carolina Car Accident?
Investigating liability thoroughly is essential in any collision because North Carolina applies pure contributory negligence under its common law. Even being 1% at fault can bar you from recovering compensation. Proving that another party caused your injuries is important. Your lawyer can help challenge accusations of shared fault.
What Damages Can You Recover from a Car Accident Claim?
North Carolina allows injured people to seek different types of compensation, including economic and non-economic damages. In rare cases, punitive damages may also apply. The amount of compensation depends on the specifics of the case.
Economic Damages
Economic damages are tangible losses that can be calculated. Examples include:
- Emergency room expenses
- Medical care costs
- Ambulance fees
- Physical therapy
- Medication
- Property damage
- Lost wages
- Loss of earning capacity
- Future medical care costs
- Home modifications
- Other expenses directly related to the injury
Documentation is important for proving these losses. Keep all medical records, bills, and appointment details.
Non-Economic Damages
Non-economic damages are intangible harms without a clear dollar value, but they are still real losses. Examples include:
- Pain and suffering
- Emotional distress
- PTSD
- Mental anguish
- Disfigurement
- Scarring
- Loss of enjoyment of life
- Loss of consortium
These losses can greatly affect an injury victim’s life, such as limiting relationships, hobbies, or comfort in public places.
Punitive Damages
Punitive damages are rare in North Carolina and are only awarded in extreme cases involving willful misconduct or gross negligence, such as DUI crashes. These damages are meant to punish the wrongdoer, not to compensate the victim.
Can I Still Receive Damages If I Was a Passenger in a North Carolina Car Accident?
Passengers injured in a car accident have the legal right to seek full compensation. The insurance route depends on who is at fault, which could be the driver of the car you were in, another motorist, or a third party. You may also be able to recover compensation from multiple parties if more than one is found liable.
What Is the Average Settlement for a Car Accident in NC?
It is difficult to provide an average settlement amount for North Carolina car accidents because there is no fixed standard. The value of a personal injury claim depends on several factors:
- Severity of the injury
- Who is at fault
- Insurance coverage limits
- Long-term impact of the injury
Meeting with a North Carolina car accident attorney for a free case evaluation can help you understand the potential value of your claim. An attorney can listen to your story and review the specific details of your case.
What Is the Time Limit for Filing a Claim in North Carolina?
North Carolina has a three-year statute of limitations for injury or property damage claims and a two-year limit for wrongful death claims. It is important to consult with a car accident lawyer familiar with North Carolina law as soon as possible to make sure you meet all deadlines.
How Do I Know if I Have a Valid Car Accident Claim?
The basic criteria for a valid car accident claim include evidence of fault (negligence), an injury or loss resulting from that negligence, and damages related to the injury or loss. It is also important to meet all required deadlines.
Other factors may apply, so it is helpful to consult with a personal injury law firm for a personalized review. An attorney can evaluate your claim and explain the next steps.
Schedule Your Free North Carolina Car Accident Consultation
Dealing with injuries, medical bills, and lost income after a car accident is stressful and uncertain. Knowing someone else’s negligence caused this is hard enough, but not knowing what tomorrow will bring can make it even worse.
Our experienced car accident lawyers at Marcari, Russotto, Spencer & Balaban understand the pain and worry you and your family members are going through. We can help by advocating on your behalf with insurance companies and, if needed, going to trial to help you achieve the maximum compensation available for your case.
To schedule a free case review, call our law office today at 855-435-7247 or fill out our online contact form.
Frequently Asked Questions
Yes, you can handle your claim without a lawyer, but the process can be complicated, and you risk missing out on compensation, especially under North Carolina’s strict contributory negligence laws. For example, if an insurance adjuster gets you to suggest that you made a mistake that contributed to the accident, it could prevent you from pursuing compensation.
If the other driver has no insurance, you can file a claim under your own uninsured motorist (UM) coverage. For example, if a driver runs a red light and hits you but has no insurance, your UM policy can help cover your losses. If the at-fault driver has low coverage limits, you may be able to use your underinsured motorist (UIM) coverage, which is optional protection you can purchase for added security. These claims can be complex, so an attorney can help you identify all possible sources of compensation and guide you through the process.
No, it is not advisable to speak with the other driver’s insurance company before talking with your own attorney. Anything you say can be used to reduce or deny your claim. They may try to get you to say something they can use against you to avoid paying. If an insurance company contacts you, provide only basic information like your name and contact details. Avoid talking about the accident or your injuries until you have spoken with a lawyer.
You should see a doctor after a car accident, even if you feel fine, because injuries may not appear until days later. Hidden injuries, such as traumatic brain injury or internal bleeding, might not show symptoms right away. Early medical attention is important for your health and helps create documentation for any future claim. It also supports a stronger recovery and makes it harder for insurance companies to argue that your injuries were caused by something else.
Written By David Spencer
David has been in practice with Don Marcari since 1995 and is the managing partner of the firm’s Raleigh office. He handles the workers’ compensation as well as personal injury cases.
