North Carolina Car Accident Liability: What Every Driver Should Know

Due to North Carolina’s strict car accident liability laws, crash victims can unknowingly jeopardize their compensation with a simple admission or mistake. That’s why it’s critical for anyone involved in an accident to understand how liability and fault laws are handled in the Tar Heel State.

At Miller Law Group in Raleigh, our attorneys are well-versed in North Carolina’s challenging car accident liability requirements. If you’ve been in a crash and don’t know what to do next, let us help you navigate the steps to protect your right to compensation. Read on to learn more about how to protect yourself and your claim.

Unlike most states, North Carolina observes at-fault accident laws, meaning the driver responsible for the crash pays for the damages.

States with no-fault accident laws require drivers to file claims through their own insurance companies to recoup financial losses. If the accident expenses exceed the policy limits, the injured person or their insurance provider may sue the other party or their carrier for the balance, whether or not the blame was shared. The award may be reduced based on each party’s percentage of liability.

Out-of-state drivers and anyone unfamiliar with North Carolina accident laws can find themselves in a sticky situation if they don’t understand how these different legal statutes work, especially when at-fault accident laws and contributory negligence are at play.

While at-fault and no-fault accident laws sound straightforward, states also observe negligence laws that can alter how compensation is determined. In North Carolina, the legal doctrine of contributory negligence prohibits any driver who contributes to an accident, even as little as 1%, from seeking compensation from the other party.

Some drivers or insurers may try to shift blame to avoid liability. This may seem like innocent finger-pointing, but it can have a serious impact on your claim, especially if their accusations make it into an official record of the crash. Because a faulty driver’s insurance company usually pays the claim, the carrier may also try to pin some of the fault on you, using contributory negligence laws to reduce their financial responsibility.

It’s critical you understand how to protect your interest after an accident to avoid falling victim to these tactics:

• Watch What You Say: Don’t apologize or make any admission that could be construed as guilt or fault. Never admit to speeding before the accident or allude to a traffic violation that could be tied to the collision. Stick to the facts when talking to police, the other driver, or insurance reps.
• Report the Accident: The responding police officer will document the scene and take statements, providing an initial opinion of the cause of the crash. Insurance companies use the report to determine liability, so check it for correctness immediately.
• Take Photos and Notes: If you’re able, make notes about the crash, including the events before and after. Take photos of road markers, license plates, and each vehicle’s condition to help your investigation later and corroborate your claim.
• Consult an Attorney: Going up against a desperate driver or an insurance provider with deep pockets isn’t a challenge you need to face alone. Ask our personal injury attorneys for help. An investigative law firm has resources to substantiate your claim and eliminate any insinuation that you contributed to the accident.

Though North Carolina accident laws are complicated, you do have avenues to seek compensation after a crash, whether or not you contributed. An accident lawyer in Raleigh or the surrounding area can walk you through any of these ways to help maximize your recovery:

File an Insurance Claim With Your Provider

It may be easier to file a claim with your insurance carrier and let them seek repayment from the at-fault driver’s carrier. Going through your provider is also a possibility if the other driver’s insurance is insufficient to cover medical bills or other losses before the accident is resolved. Speak to a lawyer about personal injury liens and subrogation and how they might impact your compensation.

File a Claim With a Third-Party Insurance Provider

Contacting the other insurance company can be complicated, but it can also be the most straightforward path to compensation. North Carolina car accident liability laws mandate that the at-fault driver is responsible, and by extension, their insurance provider must pay.

You may only need to alert the carrier of your intent to file to spur them into action. If you need help getting this process started, ask an attorney for advice on drafting a written notice or to speak to the company on your behalf. Our accident lawyers in Raleigh know the local courts and the big players in insurance, and they can help negotiate a settlement or prepare your case for trial as necessary.

File a Car Accident Lawsuit

Filing a car accident lawsuit may seem drastic, but it may be necessary to recover, especially if you’ve experienced a catastrophic head injury or bodily harm. It’s hard enough to face a serious injury, and even more challenging to face backlash from an uncooperative driver or their insurance carrier. Thankfully, North Carolina car accident liability laws allow you to take the other driver to court. For cases of recklessness or wanton behavior behind the wheel, a trial can also provide an outlet to hold the driver accountable. In severe cases, a judge or jury may award punitive damages to discourage the at-fault driver from repeating their choices.

In a state that recognizes contributory negligence, your award with any of these options may be reduced if you played a role in the crash. That doesn’t mean you don’t deserve to have your experience recognized.

North Carolina car accident liability isn’t a blame game. Proving the circumstances of a crash, including all contributing factors, requires thorough investigation and reconstruction. Law firms have access to resources, expert witnesses, and investigative tools that most people don’t. We can identify the faulty driver and any other contributing factors, from equipment failures to a chain reaction from distracted driving, to make sure every party is held accountable.

It’s critical to understand the difference between at-fault and no-fault accident laws and how to protect yourself in nuanced legal situations. If you didn’t play a role in a collision and someone is trying to insinuate that you did, contact an attorney for assistance. Our team knows North Carolina car accident liability laws and evidentiary requirements. Please don’t hesitate to reach out for a free case review.