Were you injured in a car accident in Charlotte caused by someone’s recklessness? The Charlotte car accident lawyers at DeMayo Law Offices will skillfully and aggressively pursue compensation on your behalf. We’ve successfully represented thousands of car accident victims, and when you work with us, you can feel confident that your case is in the best possible hands.
The harm that a car wreck inflicts can be far-reaching and long-term, especially if there are severe injuries involved. When you’re the victim of a car accident, it’s not just your physical health that’s at risk.
You may also suffer long-term emotional trauma and financial losses. Contact our Charlotte personal injury lawyers for a free consultation today.
Types of Car Accidents We Handle in Charlotte
The personal injury attorneys at DeMayo Law offer experience in handling a variety of car accident claims in Charlotte, including:
- Accidents with underinsured or uninsured drivers: Our Charlotte uninsured or underinsured driver lawyers offer representation in cases involving accidents with drivers who have insufficient insurance coverage or are completely uninsured, handling the complexities of insurance claims and compensation recovery.
- Car and mechanical defects: Our firm’s car mechanical defects lawyers represent clients involved in vehicle accidents resulting from mechanical defects, including issues with vehicle manufacturing or maintenance, and pursue claims against manufacturers, dealerships, or maintenance providers.
- Distracted driving and texting while driving: Our distracted driving accident lawyers tackle accidents caused by distracted driving, including texting while driving, focusing on proving the driver’s negligence and distraction at the time of the accident.
- Drugged driver accidents: Our drugged driving accident lawyers represent victims of accidents involving drivers under the influence of drugs, addressing the unique legal challenges and liabilities associated with this form of driver negligence.
- Drunk driver accidents: Our drunk driver accident lawyers handle alcohol-impaired collisions, addressing legal complexities including level of impairment determination, establishing negligence, dealing with potential criminal charges against the driver, and securing fair compensation for damages and injuries.
- Hit-and-run accidents: Our hit-and-run car accident lawyers work to identify and hold accountable the at-fault drivers who flee the scene of your accident.
- Rear-end collisions: Our rear-end accident lawyers address issues of fault, negligence, and the complex task of proving liability. At the same time, we ensure our clients receive just compensation for any injuries and damages sustained in these incidents.
- Road defects: Trust our road defect lawyers to handle your claim against governmental entities or contractors responsible for road maintenance and safety.
- Speeding accidents: Our speeding accident lawyers focus on establishing the speeding driver’s liability and will thoroughly address the extent of your damages and injuries.
For a free legal consultation with a car accident lawyer serving Charlotte, call (877) 333-1000
Most Common Causes of Car Accidents in Charlotte
Car accidents happen every single day on North Carolina roads, but the circumstances that lead to these car accidents can vary greatly. One of the most common causes of car accidents today is distracted driving. Distracted driving is technically considered any behavior that takes a driver’s attention off the road.
Centers for Disease Control and Prevention (CDC) estimates that every day, at least nine people are killed in the U.S. by a distracted driver.
Taking your eyes off the road for as little as five seconds to check a text at 55 mph is the equivalent of driving the length of an entire football field with your eyes closed, according to the National Highway Traffic Safety Administration (NHTSA).
In addition to distracted driving, there are numerous other behaviors and conditions that commonly lead to serious or even fatal car accidents:
- Driving under the influence: Operating a vehicle while impaired by alcohol or drugs significantly increases the risk of accidents.
- Speeding: Exceeding speed limits or driving too fast for conditions is a major contributing factor in many accidents.
- Aggressive driving: Behaviors such as improper lane changes, tailgating, and road rage can lead to dangerous situations.
- Unsafe lane changes: Changing lanes without proper signaling or checking for other vehicles can cause collisions.
- Failing to yield: Ignoring yield signs or failing to give way when required can lead to accidents, especially at intersections.
- Tailgating: Following too closely reduces the time available to react and stop, increasing the risk of rear-end collisions.
- Running red lights: Disregarding traffic signals is a common cause of intersection crashes.
- Attempting to block cars trying to pass: This aggressive behavior can lead to high-speed collisions.
- Cutting in front of other drivers: Abruptly changing lanes or merging can cause rear-end or side-swipe accidents.
- Rear-end accidents: Often resulting from tailgating or distracted driving, rear-end collisions are a common type of crash.
- Fatigued driving: Driving while tired can impair reaction times and decision-making, similar to the effects of alcohol.
- Poor weather conditions: Rain, snow, fog, and ice can all lead to hazardous driving conditions and increased accident risks.
- Poor road maintenance: Potholes, unclear road markings, and other maintenance issues can contribute to accidents.
- Construction zones: Areas with ongoing road work often have altered traffic patterns and reduced lanes, increasing the likelihood of accidents.
- Vehicle defects: Malfunctions or failures in vehicle components, such as brakes or steering, can lead to loss of control and accidents.
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Common Injuries Suffered in Car Accidents
Depending on the type of car accident, the injuries a victim may end up suffering can be extensive. According to data collected by the North Carolina Division of Motor Vehicles in 2021, there were 276,026 traffic crashes in the state, accounting for 1,783 deaths and 114,722 injuries.
Tens of thousands of people are being injured on North Carolina roads, and these injuries can result in hundreds of thousands of dollars worth of medical bills alone. Car accident injuries can end up changing an individual’s entire life, and victims may not be able to afford the costs of their injuries without help from an experienced attorney.
Victims involved in serious car accidents may suffer from a variety of injuries, some of which can be severe or life-altering. Common injuries include:
- Traumatic brain injury (TBI): These injuries can range from mild concussions to severe brain damage, affecting cognitive functions, physical abilities, and emotional well-being.
- Concussion: Often resulting from a blow to the head, concussions can cause symptoms like headaches, dizziness, and memory problems and can have short-term and long-term effects.
- Paralysis: Serious spinal cord injuries can lead to partial or complete paralysis, significantly impacting a victim’s mobility and independence.
- Other head, neck, or spinal injuries: These can include whiplash, herniated discs, and other injuries that affect the neck and spine, potentially leading to chronic pain and disability.
- Chest and rib injuries: The impact of a car accident can cause broken ribs and other chest injuries, which can be extremely painful and may lead to complications like punctured lungs.
- Broken bones: Fractures are common in car accidents and can range from simple breaks that heal relatively quickly to complex fractures requiring surgical intervention.
- Dislocations: Joints may be dislocated in the force of a collision, leading to pain, mobility issues, and the need for medical treatment or physical therapy.
- Lacerations: Sharp objects or broken glass in car accidents can cause cuts and lacerations, which may be superficial or deep enough to damage underlying tissues.
- Organ damage: The force of a car accident can cause internal organs to be bruised or damaged, leading to serious medical conditions that require immediate attention.
- Internal bleeding: This can be a life-threatening condition following a car accident, often requiring emergency medical treatment to prevent severe complications.
- Wrongful death: In the most tragic cases, car accidents can result in fatalities, leaving families to cope with the loss of a loved one and the legal implications of a wrongful death claim.
Recovering from these injuries often involves extensive medical treatment, rehabilitation, and, in some cases, long-term care.
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North Carolina Car Accident Laws
Understanding the car accident laws in North Carolina is essential for both residents and visitors, especially if involved in a car accident. Here are some key legal aspects to be aware of:
Liability Car Insurance Limits
In North Carolina, all drivers are legally required to carry car insurance. The minimum coverage includes $30,000 for bodily injury per person, $60,000 for bodily injury per accident if multiple people are injured, and $25,000 for property damage.
Contributory Negligence Rule
North Carolina adheres to the contributory negligence doctrine. Under this rule, if an injured party is found to have any degree of fault in the accident, they are barred from collecting financial compensation from the liable party. This can significantly impact car accident claims, as even minimal fault on the part of the injured party can prevent them from receiving compensation.
Car Accident Statute of Limitations
For personal injury claims arising from a car accident, the injured individual must file a lawsuit within three years from the accident date. Failing to file within this timeframe may result in the loss of the right to sue.
Wrongful Death Claim Statute of Limitations
In cases where a car accident results in a fatality, the statute of limitations for filing a wrongful death lawsuit is two years. This shorter time frame compared to personal injury claims makes it crucial for the deceased’s representatives to act promptly.
These laws play a critical role in how car accident claims are handled in North Carolina, affecting everything from insurance claims to court proceedings. Anyone involved in a car accident in North Carolina needs to be aware of these laws to ensure their rights are protected and they take the appropriate legal actions within the specified time limits.
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What Are the Damages Available for Injuries?
There is no specific amount that every driver involved in a car accident can expect to recover. The damages that are available for the victims of serious car or motor vehicle accidents vary based on several factors, including the specific circumstances of the accident, who was involved, and the severity of the injuries suffered.
Compensation an individual recovers could depend on whether they have a skilled attorney working on their behalf. Insurance companies tend to pay out smaller sums when individuals represent themselves, as opposed to when an attorney negotiates with an insurance company.
While no two car accident cases are ever alike, there are general guidelines that dictate what types of damages a victim may be able to recover following an accident.
Typically, a victim may pursue compensation for the following:
- Current medical expenses
- Future medical bills
- Lost wages
- Loss of future income
- Bodily injury
- Pain and suffering
- Property damage
North Carolina does not cap the amount of damages an individual may recover from a personal injury claim. To calculate what you may be entitled to in the way of fair compensation after a serious car accident, contact the legal team at DeMayo Law Offices for more information.
Defining Bodily Injury and Property Damage
When involved in a car accident where another party is at fault, you are entitled to seek compensation for both bodily injury and property damage through the at-fault driver’s liability car insurance, up to the limits of their policy. Here’s a breakdown of what each type of claim covers:
Bodily Injury
This type of claim allows you to seek compensation for the physical and emotional impact of the accident. Covered aspects include:
- Lost wages and lost future earnings: Compensation for income lost due to the inability to work immediately following the accident and potential future earnings lost due to the long-term effects of the injuries.
- Past and future medical bills: Covers all medical expenses incurred as a result of the accident, including future medical care.
- Prescription medications: Reimbursement for medications prescribed for treatment related to the injuries sustained in the accident.
- Pain and suffering: This encompasses a wide range of conditions, including:
- Physical pain endured as a result of the accident.
- Emotional or mental injuries, such as depression, anxiety, or PTSD.
- Inconveniences and the negative impact on your daily life, like canceling vacations or missing time with family.
Property Damage
This claim type covers damages to your vehicle and other personal property. It includes:
- Depreciation in your vehicle‘s value: Compensation for the loss in value of your vehicle as a result of the accident.
- Repair costs: This covers the expenses for repairing the damages to your vehicle.
- Total loss compensation: If your car is deemed a total loss, you can receive compensation equivalent to its fair market value.
- Loss of use of the vehicle: Compensation for the time you are unable to use your vehicle due to repairs or while searching for a replacement.
- Damaged equipment or tools: This covers the cost of repairing or replacing equipment or tools that were in the vehicle and damaged in the crash.
- Damaged electronics: Compensation for cell phones or other electronic devices damaged in the accident.
- Additional personal property: Covers other personal items that were in the car at the time of the accident and were damaged.
Understanding these categories and what they cover is crucial in ensuring you receive fair compensation for all the damages and losses incurred due to the car accident.
What You Do After an Accident Can Affect the Outcome of Your Case
If you get hurt, there are some steps you need to take immediately following the accident to ensure you can prove liability in an insurance claim and recover the compensation you need.
- Step 1: Go to a safe area and call 911. If you’re able, walk to the side of the road so you’re out of harm’s way. Even if you only have minor injuries, you should still wait for law enforcement to show up at the scene and perform an investigation into the crash. A police report is useful in an insurance claim for determining the at-fault party.
- Step 2: Take photos of the accident scene, including the position of the vehicles after the collision, skid marks, street signs, debris in the road, and vehicle damage. Also, take pictures of any visible injuries to your body.
- Step 3: Speak to witnesses who saw the accident occur and write down their names and phone numbers. You can use their witness testimony down the road to prove the other driver was at fault.
- Step 4: Get information from the at-fault motorist, including:
- Their name and contact information
- Make, model, year, and color of their car
- License plate number
- Driver’s license number
- Car insurance carrier and policy number
- Step 5: Get treatment, even if you think your injury is minor. Many times, the shock of a crash can initially diminish the severity of someone’s injuries. It might take a few days to feel the full effect of the crash. Seeking medical attention right away can help show the insurance company that your injuries stemmed from the accident.
- Step 6: Recall as much information about the accident as possible. Write down the events leading up to it and what you believe caused it.
- Step 7: Keep copies of everything, such as medical records, letters from the insurance company, and additional documentation related to the crash.
- Step 8: Hire a Charlotte car accident attorney from DeMayo Law Offices. They will contact the insurance companies on your behalf. Insurance claims are complex. You need someone experienced to help you through it.
Things You Should Avoid Doing After a Crash
All of the steps above are crucial after sustaining an injury in a car accident; however, it’s equally important to avoid doing some things.
Admitting Fault
Your attorney should speak to the insurance companies on your behalf, but if you do need to talk to an insurance adjuster, it’s important that you don’t tell them, or anyone else, that you contributed to the accident. If contributory negligence exists, you could end up missing out on receiving any compensation.
Agreeing to Give a Recorded Statement to the At-Fault Driver’s Insurance Company
It’s not a legal requirement. Only the policyholder must do so. If your insurance carrier requests a recorded statement, you will have to give one, but be sure to consult with a Charlotte car accident law firm first to ensure you don’t say the wrong thing.
Withholding Medical Insurance Information From Your Doctors
A majority of liability insurance claims take time, and if you haven’t given any of your medical providers a payment method, they could end up sending your bills to collections. Ultimately, if the car insurance company decides to compensate you for your treatment, you can submit the bills your medical insurance paid for reimbursement.
Signing Anything Unless Your Attorney Says It’s Okay
Insurance companies don’t care about claimants. They only care about saving money by trying to find ways to deny a claim or provide a low settlement. If you sign any documents without knowing what they are, you could sign away your rights to the maximum settlement available. Give all forms you receive from the insurance adjuster to your Charlotte car accident lawyer to review first.
What Is the Cost of a Car Accident Attorney?
Following a serious car accident, there is a lot for a victim to digest. There are medical bills to pay for and missing paychecks because of time away from work due to injuries. How can someone afford to pay for everything when it hits all at once?
Car accident victims rarely think they have the money it takes to hire an attorney to help them recover after a serious accident. Most people assume that taking the first offer that an insurance company throws at them is the best option because at least it’s money that can help, even if it doesn’t fully cover everything.
At DeMayo Law Offices, we understand that victims have been put in a very difficult financial position. That is why our experienced car accident attorneys work on a contingency fee basis. What does that mean? It means that we don’t send you a bill, and there are no legal fees until a settlement or a verdict is in your favor.
We also offer victims of car or truck accidents a free, no-obligation initial consultation. During this consultation, our team will review the facts of your case and help you decide on your best options. Let us help you determine if we can help you achieve the outcome you deserve following a serious car accident.
Dedicated to Helping Our Clients Recover
At DeMayo Law Offices, we understand the heavy toll a serious car accident can take on your well-being. The physical pain and emotional trauma you’re experiencing can affect every area of your life. You might not be able to work and worry about supporting your family.
If your injuries are permanent, you might wonder what your future will look like. During this difficult time, you deserve to receive financial compensation for your losses, and we are committed to assisting you in pursuing it.
Since you already incurred enough expenses, we won’t add any additional costs to your plate. Our Charlotte car accident attorneys work on a contingency-fee basis. That means there are no legal fees unless we recover a settlement or favorable jury verdict. If you don’t win your case, you won’t owe us anything.
We also offer a free initial consultation. There will be no risk or obligation to speak with us about your car accident and receive legal advice. We’re happy to meet with you to review your case and determine if it’s something we can help you pursue.
Charlotte Car Accident Frequently Asked Questions (FAQs)
If you’ve suffered serious injuries in a car accident, you likely have legal questions about your rights and options. We’re ready to answer all of your questions at your free case review. Meanwhile, the following information may provide answers to some of your immediate questions.
Do Insurance Companies Give Fair Settlement Offers?
When dealing with an insurance company, it is important to remember that it is, first and foremost, a business. An insurer’s primary interest is to protect its profits, so it will try to settle your case for as little money as possible.
Because of this, it’s important to have an attorney on your side. An experienced car accident lawyer will understand what a fair settlement for your case looks like and will fight on your behalf to get the settlement you deserve.
How Long Will My Case Take to Settle?
The amount of time it can take to settle a case depends on the nature of the accident itself. The circumstances of the accident are important, and a full investigation may be required in order to solidify liability. If the accident is complicated or a commercial vehicle was responsible for the accident, these factors may extend the timeline for resolving a case.
The time it takes to resolve a case may also depend on an insurance company’s willingness to negotiate the terms of a reasonable settlement. If the insurance adjuster does not want to offer a fair settlement, it may be time to take the company to court.
There are a variety of factors that may impact how long a case can take. An experienced law firm will be able to review the circumstances of your case in a free initial consultation and then give you a better idea of what to expect as far as how long your case will take to resolve.
What if I Am Partially At Fault?
If you are partially at fault in a car accident in North Carolina, the state’s adherence to the “contributory negligence” rule has significant implications for your ability to recover compensation. Under this stringent regulation, North Carolina stipulates that if a driver shares any portion of fault for causing an auto accident, then they are completely barred from recovering any form of compensation for the accident.
This rule not only governs the decisions that judges make in court but also guides how insurance adjusters evaluate a car insurance claim as well. However, there are no hard and fast rules for allocating fault after an accident; sometimes, it simply comes down to a matter of your ability to negotiate.
This is why having an attorney on your side following an accident is so important. An experienced attorney will be able to review the circumstances of your case and determine, from the evidence, what your best course of action will be. Our North Carolina law firm offers a free initial consultation in order to review your case, so there is no risk to you.
Why Choose DeMayo Law Offices
At DeMayo Law Offices, Your North Carolina Law Firm™, we have over 150 years of combined experience in the practice of law. We represent clients just like you, and we’ll fight tenaciously for justice in your case. We use aggressive tactics to settle car accident claims before they get taken to trial.
For those that we’re unable to resolve, our Charlotte personal injury lawyers have the knowledge and skillset to file a lawsuit and advocate for our clients in court.
You should work with a law firm that cares about you and the outcome of your case. Our legal team will treat you with respect and always be available to assist you. You will be a priority to us, and we’ll be sure to treat you as such.
Contact us today if you or a loved one was the victim of a Charlotte car accident, and we’ll let you know how we can pursue the monetary compensation you need to get you back on your feet.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
