North Carolina Car Accident Lawyer

North Carolina Car Accident Attorney

If you’ve been injured in a car wreck, you are probably dealing with serious physical and emotional trauma. The aftermath of an accident can be more complicated than the accident itself. Car crashes can lead to long-lasting emotional, physical, and financial consequences. If you’ve been injured due to the carelessness of someone else, a North Carolina car accident lawyer can help.

At the Tatum Law Firm, led by Attorney Brian Steed Tatum, we are committed to seeking just compensation for the harm that our clients have suffered. North Carolina personal injury lawyer Brian Steed Tatum represents clients and their families.

Pursuing a Negligence Claim in North Carolina Car Accident

Every year, thousands of people are injured or killed in North Carolina car crashes. According to the National Highway Traffic Safety Administration (NHTSA), there were 767 traffic fatalities in South Carolina in 2013. Approximately 335 of these deaths were connected to alcohol. In North Carolina, there were 1,260 traffic fatalities in 2013, of which 353 involved alcohol. The NHTSA reports that there are many causes of auto accidents, including aggressive driving, impaired driving, and distracted driving.

An injured party has legal options after a car accident. The accident victim can file a lawsuit against the at-fault party under the theory of negligence. These claims arise when someone’s careless behavior violates the duty to act reasonably to prevent foreseeable harm to other people, such as other motorists using the roads. For a victim to win on a motor vehicle negligence claim, he or she must prove the following four elements:

• The victim was owed a duty by the defendant to use reasonable care;
• The defendant breached this duty;
• The defendant’s breach caused an injury to the victim; and
• The victim suffered damages as a result of the injury.

Using reasonable care means doing what a reasonably prudent or practical person would do in similar circumstances. For example, a driver who causes an accident by driving under the influence did not use reasonable care because an ordinary driver would not take such a risk that endangers others on the road. That driver thus might be held liable in a negligence lawsuit.

If the victim can prove these four elements, he or she may be entitled to compensation from the defendant. Damages can include medical expenses, lost wages, rehabilitation costs, pain and suffering, vehicle repair costs, and more.

The extent of damages will depend largely on the nature and circumstances of the case. Monetary awards can be given to the plaintiff in a lump sum or distributed in equal payments over time. A capable injury attorney will discuss these options with the victim as the case progresses.

There is a time limit for filing a car accident lawsuit, which varies from state to state. For example, in North Carolina, the limit is three years from the date of the accident for both personal injury and property damage claims. If you don’t file within the applicable time limit, the court probably will refuse to hear your case. This is why it is crucial to enlist a skilled attorney before pursuing legal action.

How the Tatum Law Firm Can Help You Recover

No matter the circumstances surrounding your North Carolina car accident, having the right lawyer by your side is essential. At the Tatum Law Firm, we have over 20 years of experience representing our clients with compassion and care. Working with trusted car accident attorneys can make all the difference when it comes to your car accident claim.

Our team has the knowledge necessary to successfully investigate your accident, gather the correct evidence to prove your claim, speak with expert witnesses, and negotiate with both the opposing legal team and the defendant’s insurance company.

We have what it takes to build a strong and solid case that can stand up in court if necessary. Our number one priority is your achieving the justice and fair compensation you deserve, and we are ready and able to aggressively fight for your rights.

Common Car Accidents in North Carolina

A car accident is a direct result of a vehicle crashing into pedestrians, animals, road debris, obstacles, or, most commonly, another vehicle. Collisions can cause various kinds of damage to the vehicles involved, injuries to those inside the vehicles, and, in some cases, even death.

These accidents occur because of things like poor weather conditions, road hazards, mechanical failures, and human error. Common kinds of car accidents seen on North Carolina roadways include:

• Rollover Accidents: These happen when a vehicle tips onto its roof or side, most commonly due to traveling at high speeds, colliding with another vehicle or obstacle, or turning too sharply.
• Sideswipe Crashes: This happens when the sides of two cars driving parallel to one another make impact, often due to incorrect changing of lanes or drifting due to preventable distractions such as texting.
• Side Impact Collisions: Often referred to as a “T-bone,” this kind of accident happens when one vehicle collides head on into the side of another vehicle, forming a “T” shape. This usually occurs at intersections.
• Multi-Vehicle Pile-ups: Commonly known as a chain reaction collision, this happens when three or more vehicles crash into each other in a series of collisions, often happening on highways or because of dense traffic.
• Single Vehicle Wrecks: These accidents occur when one vehicle runs off the road, overturns, or collides with a stationary object.
• Head-on Collisions: These happen when the front end of one vehicle crashes into the front end of another vehicle. These often result in severe injuries or even death.
• Rear-End Collisions: Occurring when the front end of one vehicle collides with the rear end of another, these accidents often happen due to sudden breaking or tailgating.

Common Causes of North Carolina Car Accidents

Car accidents can occur due to a multitude of reasons. Often, they are a combination of environmental factors and human error or even negligence. Common causes of North Carolina car accidents include:

• Drunk Driving: Operating a vehicle while under the influence of drugs and/or alcohol affects your reaction time, coordination, and judgment, increasing the significant risk of causing an accident.
• Reckless Driving: This can include occurrences of weaving in and out of traffic, tailgating, disregarding traffic signs or signals, and aggressive behavior that puts other drivers at risk on the roadways.
• Fatigue: Operating a vehicle while tired can impact your reaction time and alertness, increasing your chances of causing an accident.
• Speeding: Operating your vehicle at high or excessive speeds can increase the severity of any potential accident while decreasing your reaction time. It can also make it more difficult to have control of your car, especially in poor weather or on winding roads.
• Distracted Driving: Distractions such as texting, talking on the phone, adjusting your music, eating, or interacting with other passengers can all take your attention off the road and are the leading causes of car accidents.
• Weather: Poor weather like snow, ice, rain, fog, or strong winds can reduce tire traction and visibility, and affect your control over your vehicle, which can result in an accident.
• Road Conditions: Uneven surfaces, debris, potholes, or poor signage and lighting can cause tire blowouts, collisions, or loss of control, which leads to accidents.
• Traffic Law Disobedience: Violating traffic laws, like failing to yield to other drivers, running red lights or stop signs, or making illegal turns or improper lane changes, can all result in car accidents.
• Mechanical Failure: Malfunctions due to defective brakes, tires, engines, or steering systems can lead to sudden breakdowns and subsequent car accidents.

How Much Is Your Car Accident Claim Worth?

The compensation you may be able to seek following a car accident in North Carolina is dependent upon several factors and nuances involved in your specific case. These factors may include the following:

• Medical Expenses: This includes the complete cost of treatment following a car accident. Hospital bills, doctor visits, prescription medications, rehabilitation, or surgeries are all part of what might affect the value of damages recoverable. In some cases, you can even seek compensation for future medical costs if applicable.
• Lost Income: If the injuries you suffered caused you to need time off from work, you may be able to seek compensation for the wages you would have earned had you not been injured. You may also be able to factor in the loss of any future wages if you will be out of work for quite some time following your accident.
• Severity of Injury: This element is the most significant player when it comes to determining the worth of your car accident claim. Most of the time, the more severe the injury, the higher amount of compensation sought – especially if you will need to have ongoing medical care for the foreseeable future.
• Pain and Suffering: Considered non-economic damages, pain and suffering can impact the value of your claim if you can prove the accident caused significant emotional stress or physical pain.
• Property Damage: If your vehicle was damaged in the accident and needed significant repairs or even replacement, this will affect the value of your claim. Also, if items inside the car were damaged, like cell phones, laptops, or other personal property, you may be able to seek compensation for those things.
• Liability: Your attorney will work hard to prove liability of the at-fault party. The stronger the case that the defendant was at fault, the stronger your claim will be.
• Limits on Involved Insurance Policies: In cases where the at-fault party has limited coverage, there might be an impact on the amount you can recover in your claim.

Because each case is unique and the outcome of your case is dependent on several factors at play, consulting an experienced and knowledgeable auto accident attorney is the ideal way to ensure you receive the highest compensation possible for your claim.

Common Mistakes to Avoid Following an Accident

If you find yourself in the aftermath of a North Carolina car accident, there are certain things you should be aware of to ensure the stability and strength of your case. Unfortunately, mistakes can be made during the emotional time following an accident, and they should be avoided if possible. These include:

• Admitting to fault at the scene of the crash
• Not filing a police report following the accident
• Signing a settlement too quickly
• Talking to the defendant’s insurance company without an attorney
• Not consulting a North Carolina personal injury lawyer

FAQs

Q: How Do I File a Car Accident Claim in North Carolina?

A: After hiring a North Carolina car accident lawyer, allow them to help you file your car accident claim. They can collect and organize the necessary evidence, calculate the value of your claim, and negotiate with the other parties involved for a settlement. If a settlement cannot be agreed upon, your lawyer can proceed with your claim and represent you in a trial.

Q: How Much Can Someone Sue for a Car Accident in North Carolina?

A: In car accident claims in North Carolina, you can sue for the extent of your damages. The compensation that you can seek is not limited by a specific number. The value of your claim can be estimated by sitting down with a knowledgeable attorney who will go over the details of your case and determine the right amount of compensation to seek from the at-fault party.

Q: Is North Carolina a No-Fault State for Accidents?

A: No, the state of North Carolina is a fault state, otherwise known as tort-based. This means that if you were injured or had property damaged in an accident due to someone else’s negligence, you have the ability to recover those damages from the driver who was at fault for the accident.

Q: What Should I Do After a Car Accident in North Carolina?

A: Following a car accident in North Carolina, call the authorities. The police will arrive and file a report of their findings, which can be useful evidence in your case. Then, call 911, even if you don’t feel injured or in pain. If physically able, document the scene and your injuries, exchange contact information with any other party involved, and contact an attorney who can help you file a claim.

Seasoned North Carolina Car Accident Lawyer Can Help

At the Tatum Law Firm, we know that dealing with an accident can be difficult, which is why we are dedicated to compassionately helping our clients. We will investigate your case, talk to the adverse parties, and come up with a plan to pursue a satisfactory resolution.

Experience with personal injury law can make all the difference. Car crash attorney Brian Steed Tatum will fight aggressively for your rights in negotiating a settlement or, if necessary, in the courtroom. For further information or assistance, please do not hesitate to call us at 704-307-4350 or contact us online for a free initial consultation.