How Does Negligence Affect My Car Accident Claim?
Negligence is one of the most important aspects of a personal injury claim, like a car accident case. Under North Carolina’s personal injury law, someone is considered negligent if they fail to act in a way that someone else would have in their same situation. So whether they acted recklessly or they failed to act, they could be held accountable for the injuries they caused.
In order to prove negligence in personal injury, you have to prove certain elements:
- The Defendant had a Duty of Care: they had a responsibility to behave safely
- The Defendant Breached Their Duty of Care: they failed to act responsibly
- The Plaintiff Was Hurt: you, the plaintiff, were hurt in the car accident
- The Defendant Knew They Could Hurt You: the defendant knew that acting recklessly behind the wheel could hurt other drivers, passengers, or pedestrians
- The Defendant Directly Hurt You: as the plaintiff, you will need to show that the crash never would have happened if the defendant had upheld their duty of care.
There is a social agreement whenever you get behind the wheel of your car — you will do your best to drive safely and responsibly, minimizing the likelihood of a crash. However, whenever someone drives recklessly, they break that social agreement and should be held responsible if they hurt other drivers.
What If I Was Partly At Fault for the Accident?
North Carolina follows one of the strictest fault systems in the country, known as contributory negligence. Under this rule, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This means that even a small amount of blame assigned to you could prevent you from recovering damages for medical bills, lost wages, or property damage.
That said, there are a few limited exceptions to North Carolina’s strict contributory negligence rule, including:
- Gross Negligence by the Other Driver: If the other driver acted recklessly or with extreme disregard for safety (such as driving under the influence or engaging in road rage) you may still be able to recover compensation despite being partially at fault.
- Last Clear Chance Doctrine: This legal principle allows you to recover damages if you can prove the other driver had the last clear opportunity to avoid the accident but failed to do so. For example, if you made an error but the other driver had time to avoid the crash and didn’t act, you may still have a case.
If you believe you may have been partially at fault for an accident, consult with an experienced attorney. Insurance adjusters often use North Carolina’s contributory negligence law to deny claims, even when the policyholder was primarily at fault, and your car accident attorney can deter these efforts.
What Should I Do After a Car Accident?
A car accident can turn your life upside down in seconds, leaving you shaken and unsure of your next steps. However, it’s important to remember that what you do immediately after the crash can make a huge difference in the outcome of your insurance claim. Here’s a step-by-step overview of recommended steps after an accident:
- Ensure Everyone’s Safety: Move to a safe location if possible, such as the side of the road, but only if it’s safe to do so. Then turn on your hazard lights to alert other drivers and avoid further accidents. If anyone is injured, call 911 immediately, and don’t attempt to move injured individuals unless they’re in immediate danger. If it’s a minor accident and no one is hurt, call the non-emergency line to report the crash.
- Call the Police: Even if the accident seems minor, it’s important to have an official police report. This document will be a key piece of evidence when filing a claim or pursuing compensation. When the officers arrive, provide a clear and factual account of what happened. Avoid admitting fault or speculating about who caused the accident. Stick to the facts.
- Document the Scene: Gather as much evidence as possible while you’re at the accident scene. Use your phone to take photos or videos of the damage to all vehicles involved, any visible injuries, and road conditions. If there are witnesses, ask for their contact information, as witness statements can be invaluable during the claims process.
- Exchange Information: Exchange information with the other driver(s). This includes names, phone numbers, and addresses; insurance company names and policy numbers, and driver’s license numbers and license plate numbers. Do not discuss fault or make statements like “I’m sorry,” as these could be used against you later.
- Seek Medical Care: Even if you feel fine, it’s essential to get checked out by a medical professional. Injuries like whiplash or internal trauma may not show symptoms immediately but can worsen over time. Prompt medical documentation is also critical for proving the extent of your injuries in a legal or insurance claim.
- Notify Your Insurance Company: Contact your auto insurance provider as soon as possible to report the motor vehicle accident. Provide accurate details but avoid admitting fault. Insurance companies often record calls, and anything you say could impact your auto accident claim.
- Consult a Personal Injury Attorney: Filing insurance claims and determining fault can be challenging, especially if the other driver disputes liability. An experienced car accident attorney can handle negotiations with insurance companies, gather and organize evidence to support your case and advise you on whether to accept a car accident settlement or pursue further legal action.
- Keep Records of Everything: Keep detailed records of all accident-related expenses, including medical bills and prescriptions, car repair estimates and receipts, and lost wages if severe injuries prevent you from working. You’ll need to share this information with your auto accident attorney.
Why Hire Edwards Injury Law For Your Car Accident Claim?
At Edwards Injury Law, we don’t just handle cases: we fight for people, their futures, and their dignity. If you’re looking for a legal advocate who will fight relentlessly for maximum compensation, here are reasons you can trust us with your car accident claim.
- Unwavering Dedication to Clients: At Edwards Injury Law, we’re guided by one core belief: you should never settle for less than you deserve. From day one, we make your goals our priority. Our founding attorney, Kevin Edwards, is committed to providing compassionate, transparent, and effective legal representation. We’re not just here to resolve your case; we’re here to help you rebuild and thrive.
- Proven Results and Real Experience: Results matter. At Edwards Injury Law, our track record speaks for itself. For example, we secured a $125,000 settlement for a client seriously injured in a car accident caused by a negligent driver. Beyond recovering the policy limits, we convinced the insurance company to pay underinsured motorist coverage, even though it wasn’t listed on our client’s policy.
- Veteran-Owned and Community-Driven Firm: As a veteran-owned law firm, our foundation is built on service, discipline, and commitment. Our experienced car accident lawyers understand what it means to stand up for those in need, and we’re proud to serve the Charlotte, North Carolina, community and beyond.
- Leadership Through Service and Justice: Our personal injury law firm is built on values like social justice, teamwork, and a champion’s mindset. Our car accident attorneys don’t simply represent our clients – we fight to empower them. By focusing on your long-term health, financial recovery, and well-being, we aim to leave you in a stronger position than when you came to us.
- Modern Approach with Cutting-Edge Technology: The legal industry is evolving, and Edwards Injury Law is built to meet today’s challenges head-on. Our experienced lawyers embrace technology to level the playing field and provide strategic advantages for our clients. From leveraging digital tools to simplify communication to using technology to make your case stronger, we stay ahead of the curve to deliver results.
At Edwards Injury Law, we measure success by the difference we make in your life. We take pride in being a client-first firm, offering compassionate guidance, active listening, and clear communication at every stage of your claim.
