North Carolina’s Car Accident Laws, Explained

North Carolina’s car accident laws, including the at-fault system and rules against impaired, distracted, or negligent driving, are key to highway safety. When drivers violate these laws and harm you or your family, they have a legal responsibility to make things right.

How you respond when dealing with a fender bender or a serious crash can make a difference between securing a favorable outcome or forfeiting your right to compensation. Here is what you need to know about North Carolina’s car accident laws and how attorneys can help safeguard your rights.

Every vehicle in the state of North Carolina must be insured with a minimum amount of liability coverage. The state also mandates policyholders carry uninsured/underinsured motorist coverage (UM/UIM) to protect them if they are hit by an inadequately insured driver.

North Carolina does not observe no-fault laws, so an innocent driver’s insurance provider is not required to pay for damages. Restitution falls on the insurer of the person who caused the crash. This makes recovery for car accidents without adequate insurance challenging. If you’re involved in a crash with an uninsured or underinsured driver, you have options for seeking compensation:

• File a property damage or personal injury claim using your UM/UIM coverage. Your insurance provider essentially acts as the at-fault driver’s insurer and pays for your damages. North Carolina car accident laws generally prohibit your provider from increasing rates or assessing points against your policy if you need to use this option for recovery.
• File a lawsuit against the at-fault driver. Your accident attorney may be able to negotiate a settlement with the other driver to cover some of your expenses or proceed to trial and force a judgement.

A driver who causes a car accident without insurance may not be able to afford a settlement or court-ordered payment for your damages. In that case, you may need to pursue additional steps, such as garnishing their wages or placing a lien against their home. You may also want to consider using health insurance for accident-related care or medical payments coverage, if you carry it.

An attorney can walk you through the best options for receiving compensation from an uninsured driver and weighing the benefits of taking legal action.

North Carolina follows at-fault accident laws, meaning the person who caused the crash is financially liable for all damages. This is different from no-fault states, where each driver’s insurance provider must pay for their policyholder’s damages, regardless of who caused the car accident. While the no-fault system can make sure all insured drivers are taken care of, it can also let uninsured, at-fault drivers off the hook for car accidents.

North Carolina’s contributory negligence car accident law also complicates compensation. In this state, a person who is even 1% at fault for a collision may be barred from seeking compensation. Insurance providers and negligent drivers rely on this rule to avoid liability. Thorough evidence collection and investigation are essential to building a strong case that disproves your involvement and secures your right to compensation.

It’s illegal in North Carolina to drive a vehicle while visibly impaired or with a blood alcohol content (BAC) of 0.08%. Most drunk driving laws in North Carolina penalize repeat offenders and impaired drivers (those driving while intoxicated, or DWI) more harshly than first-time offenders or those found driving under the influence (DUI).

The state holds a drunk driver criminally responsible, but a victim can pursue a civil lawsuit for personal injury against the individual for the harm caused by the crash. Additional drunk driving laws in North Carolina, known as ‘dram shop laws,’ allow individuals harmed by an impaired driver to hold establishments that sell alcohol liable for contributing to the crash. These legal situations are complicated but necessary to compensate victims for property loss, medical bills, and pain and suffering.

North Carolina’s fender bender law requires motorists involved in a minor crash to move their vehicles out of the flow of traffic. Failing to park your vehicle on the shoulder or another out-of-the-way location can result in fines or other citations. Plus, remaining on the roadway increases the risk of secondary crashes that can injure innocent passersby and complicate your liability and compensation.

Leaving the scene of a car accident is a crime if there are personal injuries or serious property damage. Like drunk driving in North Carolina, hit-and-run accidents can incur serious penalties, including criminal charges and civil lawsuits. A person harmed by a driver who flees the scene may be eligible to collect compensatory and punitive damages, depending on the severity of the wrongful driver’s actions.

Being struck by a vehicle as a pedestrian or bicyclist causes severe injuries that require medical treatment, missed work, and a long road to recovery. That’s why you should contact the police right away to begin an investigation. Once the driver is located, you may be able to file a bicycle accident lawsuit or pedestrian injury claim for compensatory damages.

North Carolina enforces a hands-free law, which prohibits anyone from handling a cell phone or any electronic device while operating a motor vehicle. Thanks to the prevalence of cell phones and electronics, distracted driving isn’t only a trucker problem. More than 3,000 lives are lost yearly to this dangerous behavior. The hands-free rule is designed to discourage cell phone use that frequently causes accidents.

The distracted driving laws in North Carolina are divided into three categories:

• Drivers under the age of 18 are prohibited from all mobile device use while driving except if they are contacting a parent or guardian or calling emergency services.
• Drivers over the age of 18 are prohibited from texting, emailing, or using apps while the vehicle is in motion.
• School bus drivers are required to observe hands-free operation; any violation may result in misdemeanor charges and fines.

If you’ve been harmed by a driver who was texting, talking, or otherwise distracted, you may have the right to pursue a civil lawsuit to hold them responsible for your personal injuries. Our lawyers understand how to collect evidence of cell phone activity or negligent driving to support your claim.

Some car crashes may be subject to special consideration, depending on who caused the accident. North Carolina’s car accident laws are nuanced when the faulty party is a teen driver or a government entity. You should understand how to proceed following these accident scenarios:

Crashes With Teen Drivers

When a teenage driver causes a car accident, North Carolina laws often hold the driver’s parents or guardians responsible. In those cases, the policyholder’s insurance will pay for the damages. If the insurance provider refuses to compensate for injuries caused by the teen driver, you may need to take additional action.

It isn’t legal to sue a minor for car accident injuries, and you can’t file a lawsuit against the child’s parents if they didn’t cause the crash. But those restrictions don’t mean you’re out of luck. The Family Purpose Doctrine may apply to North Carolina car accidents, holding the vehicle owner responsible for damages caused by a family member. This doctrine applies to teen drivers using a parents’ vehicle with permission, but it does not apply to instances where a minor borrows a vehicle without consent. Speak to an experienced attorney to explore your legal options following a crash with a teenage driver.

Government-Related Accidents

A car accident involving a government entity, such as a city bus or state-owned vehicle, observes different rules than a typical crash. The State Tort Claims Act governs personal injury lawsuits against a city or state employee. This law partially waives the state’s immunity against lawsuits, allowing an injured person to take legal action.

The statute of limitations also differs for government-related car accidents. The timeline to file a lawsuit for injuries or damages is significantly reduced when a government agency is involved. Speak to an attorney to understand whether your situation falls under the State Tort Claims Act and what deadlines must be met to secure compensation.

When someone ignores state laws against drunk, distracted, or negligent driving, they should be held accountable for your crash injuries and damages. Understanding the influence of North Carolina’s at-fault laws versus a no-fault system can help you decide whether you have legal grounds to take additional action. 

If you aren’t sure the best path forward, contact the attorneys at Miller Law Group. Our team knows North Carolina’s accident laws and how to help you recover from a car crash without relying on insurance.