When you’re on the road, the risk of a car accident is always present. No matter how carefully you drive or how alert you are, you cannot control the actions of other drivers. In just a few seconds, someone’s inattention or reckless behavior can change your life forever. When you’re hurt by someone’s negligence, you could be owed money to cover your damages and losses.
At Edwards Injury Law, our car accident attorneys understand how stressful pursuing a personal injury claim can be. Even if you feel your accident was minor, you still are owed money to cover your property damage, medical bills, and emotional trauma. Call us to review your case, help determine your next steps, and stand up for your rights. Don’t wait – let us help you take the first step towards recovery.
Call 980-357-4499 to schedule your consultation.
How Common Are Car Accidents in North Carolina?
Automobile accidents happen every day in North Carolina, and the statistics paint a vivid picture of how widespread these incidents are. According to the 2023 North Carolina Crash Facts, there were 284,157 reported traffic crashes in the state last year, marking a 3.8% increase from 2022. These motor vehicle accidents led to 115,009 crash injuries and tragically claimed the lives of 1,686 people.
Breaking down the data reveals important trends:
- Frequency of Accidents: Nearly 780 crashes occur daily in North Carolina. That’s more than 32 accidents every hour. This includes head-on collisions, rear-end collisions, hit-and-run accidents, and more.
- Fatal Accidents: There were approximately 15.56 fatalities per 100,000 people in 2023, highlighting the serious impact auto collisions have on communities throughout the state.
- Injuries on the Rise: Injuries from crashes increased by 4% compared to 2022, reflecting the growing toll these incidents take on car accident victims and their families. In many cases, distracted driving and drunk driving were factors.
With more than 284,000 accidents happening each year, the odds of being involved in a motor vehicle crash are higher than you might think. This is why it’s critical to know your rights and options for seeking fair compensation when a negligent party disregards traffic laws.
What Causes Car Accidents in North Carolina?
Data from the North Carolina Division of Motor Vehicles reports that nearly 30,000 crashes occurred in 2020 alone in Charlotte. With such a high volume of crashes, Charlotte experiences substantially more car accidents than any other city in North Carolina. Even more harrowing, there were over 13,000 reported injuries and more than 100 fatalities resulting from these accidents. By and large, the most common causes of car accidents in Charlotte include the following:
- Speeding, improper lane changes, failure of yield, following too closely, and disregard of traffic signals: A vast majority of accidents in Charlotte are caused by drivers who engage in reckless behavior while on the road.
- Inattention and distracted driving: drivers who are distracted by their mobile device or other external circumstances are more likely to cause a car accident than drivers who are paying full attention to the road. In 2020, over 1,000 accidents occurred because a driver was preoccupied with electronic devices. Over 40,000 accidents were due to inattention, generally.
- Reckless or aggressive driving: road rage is a common cause of accidents in Charlotte, resulting in nearly 13,000 accidents in 2020. Oftentimes, individuals who drive aggressively make reckless decisions on the road, changing lanes quickly or tailgating other drivers.
- Drunk driving: In North Carolina, drunk drivers are responsible for one out of every three automobile accidents. Drivers who are under the influence of drugs or alcohol are a serious danger to everyone on the road and it is important to hold these drivers accountable for their recklessness.
- Operating defective equipment: In some cases, drivers are not necessarily to blame for an accident. Rather, defective equipment or system failures are responsible for crashes. This is a legally complex area of personal injury law but in some cases, the manufacturer can be held accountable for the accident.
Depending on the cause of the car accident, the amount and type of compensation available to the victim(s) varies. Moreover, North Carolina utilizes a contributory negligence system, meaning that if you are determined to be even partly at fault for the accident, you may be unable to obtain compensation at all. An experienced personal injury attorney can help you navigate these situations.
What Kind of Car Accidents Happen in North Carolina?
Car crashes can take many forms. Some involve one car, while others involve two or more cars. The kind of accident you’re in can determine the value of your personal injury claim, especially if more than one party shares fault for your injuries. Each case is unique, but may resemble:
- Head-On collision
- Sideswipe
- T-Bone
- Rear-End
- Hit & Run accidents
- Rollover Accidents
- Pile-up accidents
Not every crash involves another car – you could be in an accident that involves a semi-truck, a motorcycle, a pedestrian, or even a bicycle.
What Kind of Injuries Do Car Accidents Cause?
Car accidents can cause a variety of injuries, all of which range from minor discomfort to severe pain. Even if you feel like your injuries are not that disruptive, you still deserve compensation for injuries like:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash
- Back Injuries
- Contusions and lacerations
- Sprains and strains
- Eye injuries
- Broken bones
- Internal injuries
- Soft tissue injuries
- Limb Loss and amputation
- Post-traumatic stress disorder
Getting evaluated by a medical provider can help your car accident attorney determine the true value of your damages as you try to make a new claim.
What Kind of Damages Can I Get in a Car Accident Claim?
Car accidents can cause serious damage to you, your passengers, and your car. When someone’s negligence has hurt you or your family, you deserve compensation, and under North Carolina law, you are permitted to seek compensation for economic damages, non-economic damages, and, in some circumstances, punitive damages.
Economic Damages Available in a Car Accident Claim
Also known as monetary claims, economic damages are the costs it would take to repair or physically recover after a crash. You can prove you suffered these losses with the right documentation, like bills, receipts, and witness testimony. These are out-of-pocket damages that you might suffer because of the car accident.
Examples include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Damaged property
Non-Economic Damages Recoverable in a Car Accident Claim
Non-economic damages are much more difficult to calculate. These losses are more abstract, which means they can be challenging to determine or identify. These damages are often the result of other damages.
Examples include:
- Physical pain and suffering
- Loss of consortium
- Mental anguish
- Diminished quality of life
- Reputational damage
- Disfigurement and scarring
How do Punitive Damages Work in Car Accidents?
Punitive damages are complicated, but they could be damages you can recover after a crash. When awarded, they are meant to be penalties against the defendant to deter repeated acts of negligence. Punitive damages are not designed to compensate you for your damages, and they are only awarded in cases where extreme or wanton negligence is evident, like drunk driving. Your car accident attorney can explain if your case qualifies for punitive damages.
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, ensuring you minimize 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 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.
FAQs About NC Car Accidents
How Long Does a Car Accident Injury Claim Take?
Not every car accident claim is the same. Some take longer than others. Some claims can be resolved in a matter of months while others can take years. That’s why it’s essential to start working on your claim as soon as possible.
Is there a Time Limit to File a Car Accident Claim in NC?
There is a time limit to schedule your injury accident claim. It’s called the “statute of limitations,” and you have three years from the accident to file your claim. That may sound like a long time, but you will need time to gather enough evidence to build your case and calculate the total value of your claim. Acting quickly is the best way to protect any potential settlement.
Is North Carolina a No-Fault State?
No, North Carolina is not a no-fault insurance state. As an at-fault state, the driver of the at-fault car will be held legally responsible for paying the damages of the injured parties. As the plaintiff, you can seek relief from your insurance company, a lawsuit against the at-fault driver, or through a third-party against the at-fault driver’s insurance company.
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 their policyholder was primarily at fault, and your car accident attorney can deter these efforts.
Call a Charlotte Car Accident Lawyer Today
When you’ve been injured in a car accident, the clock is ticking. Evidence fades, and delays can hurt your chances of securing a fair settlement. This is why it’s so important to prepare and file your personal injury claim quickly.
At Edwards Injury Law, our auto accident lawyers are ready to fight for you. With a proven track record, a passion for justice, and a commitment to putting clients first, we’ll do everything in our power to secure the fair compensation you deserve. For more information or to schedule a free consultation with a car accident injury lawyer, call 980-357-4499 or fill out our contact form.
Related:
Navigating Insurance Bad Faith in Car Accident Settlements
How Pre-Existing Health Conditions Affect Car Accident Injury Claims