Tag Archive for: What To Do After A Car Accident

The number of car accidents in Charlotte, North Carolina each day is high. So, if you’re in a car accident in Charlotte, North Carolina, knowing what to do is crucial. Charlotte is a metropolitan city with both experienced and inexperienced drivers rushing from place to place. According to CharlotteNC.gov, roughly 73 crashes per day occur in and around Charlotte. What is even scarier than the number of car accidents each day, is how often individual who were not at fault have trouble getting compensated for their injuries. The negligence rules in North Carolina can make it challenging to win what appears to be the most obvious car accident case. Who is responsible for a car accident in North Carolina? The answer is of course: “It depends”.

Is The Other Driver Responsible For My Car Accident?

A personal injury lawyer in Charlotte, North Carolina is tasked with proving negligence on the part of the other driver in the accident. Keep in mind, the other driver does not have to prove their ‘innocence’. If you are pursuing the other driver for compensation, the burden of proof lies 100% on the plaintiff’s side. Our firm only represents plaintiffs in car accidents. Our goal in any accident claim is to prove one or all of the following:

  • The other driver owed you a duty of reasonable care given the circumstances;
  • The other driver failed to yield the right of way;
  • The other driver was distracted or impaired, and that impairment or distraction was the direct cause of the accident;
  • You suffered injuries as a direct result of the other driver’s failure to meet the applicable standard of care;

Your personal injury attorney is attempting to prove the four prong test of Negligence when pursuing an award for you in a car accident claim. Generally speaking, the other driver’s insurance company will look to refute one or more of the four prongs of Negligence. If they successfully do so, they will win the claim or case. Our firm continues to fight diligently against insurance companies like State Farm, National General, AllState, Geico, and many others, who attempt to escape liability in situations where their driver was at fault. Quite often they do so by claiming Contributory Negligence on your part, when you did nothing to actually cause the accident.

What Is A Nuisance Settlement?

A nuisance settlement is essentially a low offer made by an insurance company to make the claim go away. While not every case is worth a lot of money in personal injury compensation, you should be careful not to agree to a small settlement from a car insurance company simply because they convince you that you can not win your case. They are not to be trusted in this setting, and their goal is to pay as little as possible to make the claim go away.

What Should I Do If I’m In A Car Accident?

In another post, we wrote about what to do if you’re in a car accident; you can read more by clicking on that link. However, generally speaking, you need to:

  • Document the scene by taking photos;
  • Get the name and phone number of any witnesses;
  • Call the police to the scene so that you can generate an accident report—this is your primary piece of evidence to prove the accident occurred;
  • Seek medical treatment;

Can A Lawyer Help With A Minor Car Accident?

Yes. While we may think of personal injury lawyers as courtroom lawyers in high-dollar lawsuits, the reality is that personal injury lawyers work on numerous smaller claims every day. Our practice is built on our ability to work diligently and faithfully on all clients we represent, whether their car accident resulted in surgery or just a trip to the emergency room to be checked out after the accident. If you’ve been in a car accident, consulting with a personal injury lawyer is free and it’s your best and fastest source of free information to help guide you in the next steps to take following the accident. When you consult with us on the phone or in person:

  • You’ll understand your options moving forward with or without a lawyer;
  • We may be able to help you identify facts which help your claim, by examining your police report and the police report codes it contains;
  • You will feel better because you’ve spoken with a professional;
  • You can turn the stress over to someone who is eager to help;

If you’ve been injured in a car accident in North Carolina, call us to speak with an attorney at 704.749.7747

You can also click HERE to request we call you. We hope you will choose to Recover With Us.