You might be entitled to financial compensation if you got hurt in a car crash that was caused by a speeding driver. DeMayo Law Offices understands state laws and the procedure for filing an insurance claim or lawsuit against the at-fault motorist. We’ll help you seek the justice and monetary award you deserve for the harm the speeding driver caused. You can count on us to work hard to resolve your case so you can recover and move forward.
We know how much a car crash can impact someone’s life. It can affect your job, daily routine, and personal relationships. If you end up with a permanent disability, you’ll require ongoing medical care and might need assistance performing daily tasks at home. It becomes expensive, paying for all associated costs. Our Charlotte car accident lawyers will ensure the insurance company provides the settlement you need, so you don’t have to pay for anything out of pocket.
We have the experience needed to prevail in your claim. Michael A. DeMayo was recognized as one of the Top 100 Trial Lawyers by The National Trial Lawyers in recognition of the positive outcomes we’ve achieved for our clients. When we take on your case, we’ll advocate skillfully and assertively for your rights.
Call DeMayo Law Offices today to schedule your free consultation. We’ll be happy to meet with you for free to discuss your case and determine the available legal options.
Speeding Often Leads to Severe Injuries and Fatalities
When someone is traveling at excessive speeds along the road, they can’t react quickly to hazardous conditions or effectively maneuver their vehicle to avoid an accident. When you speed, you:
- Have an increased risk of losing control of your car
- Need longer distance to come to a complete stop
- Have less time to react to an emergency
- Have a greater chance of suffering debilitating injuries if there’s a crash
- Can’t rely on the effectiveness of safety features, such as seatbelts and airbags due to the more significant force of an impact
Speeding is just as risky as texting while driving or operating a vehicle under the influence of alcohol. It leads to poor decision-making, reduced reaction time, and puts other people at risk of physical harm. When an accident occurs, there isn’t just the initial impact you have to worry about, there could be subsequent crashes from cars bouncing off each other or stationary objects. Vehicles could rollover, and a pileup could result.
Common injuries associated with this type of accident include:
- Lacerations, wounds, and burns
- Crush injuries
- Ejection injuries
- Loss of limb
- Spinal cord damage or paralysis
- Internal organ injuries
- Traumatic brain injury
- Broken or fractured bones
North Carolina Laws That Impact Car Accident Cases
When it comes to car crashes in North Carolina, there’s a fault system that determines who’s financially responsible for the victim’s expenses and other losses. If the speeding driver was responsible for the accident, they would automatically become liable for the harm they caused. Typically, it would be their auto insurance company that pays a settlement to cover all costs.
Liability auto insurance provides coverage to accident victims when someone else is at fault for their injuries. Every driver in the state must purchase this type of insurance with minimum limits for bodily injury and property damage. When you file a liability claim, you could pursue various damages that you incurred due to the crash. Damages are all losses associated with an injury and subsequent effects on the victim’s life.
Pure contributory negligence is a rule that prohibits injured parties from recovering compensation if they share the blame. If it’s discovered that you’re partially at fault for the accident, the insurance company won’t allow you to receive any settlement amount to cover your damages. Even if you’re only 5% responsible, you can’t hold the at-fault party liable for their actions.
UM auto insurance is available when the at-fault driver doesn’t have liability insurance. Uninsured motorist coverage will provide compensation for various damages that are available in a liability claim. If you discover that the speeding motorist doesn’t have an insurance policy, you could file a claim with your own insurance company.
MedPay (medical payments) is optional insurance coverage. If you chose to purchase it on your policy, you could use it up to the listed limit to cover your medical appointments. The insurance company will provide upfront payment, so you don’t have to pay out of pocket for treatment.
Damages Available in a Liability Insurance Claim
The minimum required limits of liability are $30,000 for bodily injury and $25,000 for property damage. When you file a claim, you can attempt to get compensation for your total damages. Damages come in two separate categories: economic and non-economic.
Economic damages are expenses associated with the accident, such as:
- Medical bills
- Lost wages
- Lost earning capacity
- Vehicle repair or replacement costs
- Out of pocket expenses
Non-economic damages are intangible losses, such as:
- Emotional distress
- Pain and suffering
- Permanent disability
- Diminished quality of life
- Death benefits (for surviving family of deceased accident victims)
Since non-economic damages are difficult to calculate, your attorney and the insurance company will use different factors to come up with a fair settlement amount. Examples include:
- Type of injury and its severity
- If the accident leads to permanent impairment, disfigurement, or disability
- Total medical expenses
- Impact on quality of life
- Length of the recovery period
- Type of medical treatment required
- Coverage listed on all insurance policies
- Total lost wages from inability to earn a living
- Emotional or psychological effects of the injury
- If future medical care is necessary
- Availability of sufficient evidence proving fault
Follow These Steps If a Speeding Driver Caused Your Accident
If a speeding driver caused your accident, there are steps you should take immediately following the crash to help protect your health, your rights, and your full claim to compensation:
Step 1: Report the accident to law enforcement if it caused an injury, fatality, or over $1,000 in property damage. Wait for the police to arrive and perform an investigation. They will let you know when it’s okay to leave.
Step 2: Look around for evidence at the scene. If there’s debris in the road, damage to the vehicles, or anything else that seems significant, take pictures of it.
Step 3: Exchange contact and auto insurance information with the other driver. Be sure to write down their liability insurance carrier and policy number.
Step 4: Write down the names and contact information of anyone who saw how the accident happened. Witnesses can improve your chance of recovering a fair insurance settlement.
Step 5: Seek medical treatment immediately. Don’t wait too long to go to a doctor for an evaluation of your injuries. They might recommend physical therapy, imaging tests, or ongoing appointments to follow up on your recovery progress. Follow their orders. Medical records are important in proving that an injury occurred due to a car crash.
Step 6: Hire a Charlotte speeding accident lawyer from DeMayo Law Offices. We can perform a thorough investigation into the cause of the accident and obtain evidence that proves the other driver was at fault.
Avoid Mistakes That Could Cost You the Compensation You Deserve
It’s not enough to say that the other driver was speeding. You need sufficient evidence to prove it and medical records that show you sustained an injury in the accident. You also have to make sure to follow all deadlines, filing procedures, and avoid saying or doing something that could negatively impact your case.
Insurance companies are never on the injured party’s side. They will look for any excuse to deny an insurance claim or provide a low settlement offer. It’s crucial that you refrain from taking certain actions while they’re reviewing your request for compensation.
Don’t provide a recorded statement. The liability insurance adjuster might ask that you submit one while they’re investigating the claim. However, it’s not a legal requirement that you participate. You don’t want to risk disclosing information that could affect your case’s outcome or indicate you were partly at fault for the accident. Anything you say in a recorded statement could give the adjuster a valid reason to deny the claim.
Don’t sign any forms from the insurance company. They could try to trick you into signing away your rights to the maximum coverage available. If you receive anything in the mail, forward it to your Charlotte speeding accident lawyer for review. We’ll let you know what needs to be completed and can help you with it.
Don’t admit any degree of fault. Under the state’s pure contributory negligence rule, you could end up losing your case if they determine you share blame for the crash.
Don’t skip doctor’s appointments or allow significant time to pass between appointments. Insurance companies will look at these gaps in treatment as evidence that your injury isn’t serious or doesn’t exist at all.
DeMayo Law Offices will fight vigorously to protect your rights and ensure you receive the maximum compensation you deserve. We know how important it is to efficiently resolve your case so you can get back to your normal life. Our legal team will work hard to help you get on the road to recovery.
Our Charlotte speeding accident lawyers are available 24/7 to speak with you. We believe in providing our clients with excellent customer service no matter what. You’ll be able to reach us at a time that’s most convenient for you. You can depend on us to be by your side from start to finish of your case.
If a speeding driver caused your car crash and you need assistance holding them responsible, call us today at (704) 333-1000 to schedule a free consultation.