Asheville Car Accident Lawyer

What to Do After a Car Accident in North Carolina

The state of North Carolina has very specific laws about what drivers must do after an accident. Any driver involved with the collision must call law enforcement in the event of injury, death, or any damage valued at more than $1,000. The failure to report is a misdemeanor offense. 

The police investigation into the accident may be crucial in how a potential car accident lawsuit shakes out. The police report can be drawn on in court. Any citations issued certainly point towards who may or may not have been at fault. 

Even if calling in the police wasn’t required by law, it would still be the right step to take. Every piece of evidence helps when building a case for breach of duty. After law enforcement has been notified, the next step is to ensure everyone’s safety. This involves moving vehicles off the road if possible and providing medical attention to anyone injured. It’s also beneficial to exchange contact information with other involved parties and collect witness statements, as these details can be critical in the legal process. 

Additionally, documenting the scene through photographs and notes about the conditions surrounding the accident—such as weather, road conditions, and any visible damages—can serve as supplemental evidence. Remember, recalling facts can become challenging over time, so capturing the scene immediately is ideal. These efforts not only provide clarity during insurance negotiations but also lay the foundation for a well-supported legal claim if needed. 

Breach of Duty in Car Accident Cases

All drivers owe a duty of care to other drivers. However, not all accidents are necessarily someone’s fault. A personal injury lawsuit requires demonstrating to the court that the other driver breached their duty. 

What is a breach? It’s the failure to exercise a reasonable standard of care in how you drive your car. What is reasonable? That’s a subjective standard decided by the court in each particular circumstance. To illustrate how a breach might be understood in specific cases, let’s consider a hypothetical example. 

You’re driving down I-40 and traffic is, while not jammed up, running slow. It’s tough to go more than a steady 40 mph. You reach a point where the traffic suddenly slows down because of an accident further ahead. You get rear-ended by the car behind you. There’s substantial damage to your vehicle. Is there a breach? 

The court, in assessing a reasonable standard of care, will want to know how fast both cars were going. Did you stop suddenly when it might not have been necessary? Was the other driver following too closely—maybe trying to push the envelope at 50 mph when that really wasn’t appropriate for traffic conditions? Were there any weather issues, like rain, further complicating the situation? 

It’s at least possible that nobody is at fault—both drivers were operating at a respectable speed for the conditions and the distance between cars was appropriate. In short, both you and the other driver were acting reasonably. 

If you believe the other driver was not reasonable, then that must be demonstrated in court. The police report will be one source of evidence. Gathering the information of other drivers who witnessed the collision and the lead-up to it is also necessary.

Navigating Strict Contributory Negligence in North Carolina

Understanding the intricacies of North Carolina’s strict contributory negligence law is essential for anyone pursuing a car accident claim in the state. This legal concept means that if the injured party is found to hold any level of fault, even as little as 1%, they are barred from collecting any damages. This is why a thorough legal analysis and a robust defense that negates any alleged shared fault are critical when building your case. Our dedicated attorneys at Hensley Cloninger & Greer, P.C. are well-versed in devising strategies tailored to North Carolina's unique legal landscape.

By gathering substantial evidence, such as witness testimonies, expert reconstructions, and comprehensive police reports, we strive to demonstrate the other party's total liability. This approach mitigates the risk of contributory negligence impacting your case’s success. Engaging with a qualified attorney early in the process can help identify potential risks and make a significant difference in achieving favorable outcomes, ensuring that you can retain the right to seek full compensation.

Common Causes of Car Accidents

Car accidents remain a leading cause of injury and death worldwide. While each accident has its unique circumstances, several common causes consistently contribute to these unfortunate incidents. Understanding these causes can help drivers take proactive measures to reduce the risk of accidents. Here are some common factors that lead to car accidents.

To reduce the risk of being involved in a car accident, it's essential for drivers to remain attentive, follow traffic laws, and adapt to changing road conditions. Defensive driving practices and responsible behavior behind the wheel can help mitigate these common causes of accidents and make our roads safer for everyone.

Common Injuries Resulting From Car Accidents in North Carolina

In North Carolina, car accidents are a significant cause of various injuries that can drastically affect individuals' health and quality of life. Victims often experience a spectrum of injuries from minor to severe, with lacerations, broken bones, and burns cited as some of the most common occurrences. These injuries result from the sometimes violent nature of vehicle collisions, which also commonly lead to neck and back injuries, including the painful condition known as whiplash. The force of impact during an accident can jolt the body in such a way that it causes persistent pain and issues with mobility, severely diminishing the victim's ability to enjoy everyday activities.

One of the most dangerous outcomes of auto accidents is spinal cord injury, along with traumatic brain injury (TBI). Even in the absence of direct head trauma, TBI can still happen because of the forceful shocks that occur during collisions, which can smash the brain into the inside of the skull. The results might range from minor concussions to severe cognitive and motor deficits. Additionally, spinal cord injuries can cause partial or total paralysis, necessitating intensive medical care and rehabilitation.

Additionally, chest and internal injuries are not uncommon, often resulting from the impact with steering wheels, seat belts, or airbags. These injuries can be life-threatening and require immediate medical attention. Lastly, psychological trauma, including post-traumatic stress disorder (PTSD), can manifest following the distressing experience of a car accident, impacting mental health and requiring professional treatment.

Why Should I Hire A Car Accident Lawyer In Asheville?

Here are some important reasons to hire a car accident attorney if you or a loved one was recently injured in a car crash:

1. A car accident lawyer has the specialized knowledge and experience to navigate the legal system on your behalf.
2. An attorney can gather evidence and build a strong case to ensure you receive fair compensation for medical expenses, property damage, and other losses.
3. A lawyer can negotiate with insurance companies to obtain the maximum settlement possible.
4. An attorney can also represent you in court if necessary.
5. Hiring a car accident lawyer allows you to focus on recovering from your injuries instead of dealing with legal matters.
6. An experienced car accident attorney will have a successful track record of obtaining favorable outcomes for their clients.

Choosing to hire a car accident lawyer can make all the difference in getting the justice and compensation you deserve. Contact our car accident lawyers in Asheville, NC today for a free consultation, and to learn more about what we can do to protect your rights and your future. Our familiarity with Asheville’s legal environment and local insurers allows us to craft strategies that efficiently tackle the complexities of your case, maximizing your potential for a favorable result.

We understand that the aftermath of an accident can be physically and emotionally draining. Our goal is to provide not only exceptional legal support but also peace of mind. Trusting your case to seasoned professionals enables you to focus on recovery and reconstruction of your everyday life, knowing that your case is in competent hands.

What Is Strict Contributory Negligence in North Carolina?

Most states allow courts to portion out the blame—that is, to assign a certain percentage of fault to different parties in a personal injury case. Most states then allow the plaintiff to collect in proportion to their share of fault (if you are ruled 10% at fault, you can collect 90% of the final damages). 

North Carolina is not like most states. We are one of five states where if the plaintiff bears any responsibility—even 1%—then no damages can be collected. 

This makes for a challenging legal environment for the plaintiff. But you can still win if the facts are on your side and your lawyer has both experience and tenacity. It takes experience to understand how to conduct an investigation and what questions to ask of witnesses. It takes tenacity to fight for your interests in every last detail of the case because there is no room for error. 

The 30+ years that Hensley Cloninger & Greer has been in practice speaks to our experience. Our extensive list of victories speaks to our tenacity. Just because a fight is hard to win, doesn’t mean it can’t be won. You just need the right legal team on your side. 

Call (828) 383-8414 or contact us online to set up a free consultation.