Seeking Recovery After a Car Accident
If your car accident was the result of another driver’s careless actions, the at-fault party should be held accountable. Raleigh, NC car accident lawyer, Jason Michael Burton, is dedicated to making sure that injured victims and families who have lost loved ones in car accidents receive the compensation that they deserve. Our experienced car accident attorney can help you figure out who is at fault in your auto accident claim with the purpose of securing compensation from the at-fault party or their insurance company. The insurance company’s goal is to settle for the least amount possible, which is why you need our trusted lawyer by your side.
Since 2012, Mr. Burton has helped secure more than $40 million in settlements and verdicts for victims harmed by the wrongful conduct of others. He also has been honored as a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys, as well as a Litigation Rising Star by North Carolina Super Lawyers magazine, and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum. If you have suffered an injury or lost a loved one as a result of a collision involving a careless driver, contact the Burton Law Firm today to find out more about how our attorney can help.
Understanding Car Accident Cases in North Carolina
In North Carolina, as well as Virginia, fault rules apply to personal injury or wrongful death lawsuits arising out of motor vehicle accidents. What this means is that a victim injured in a collision has the right to make a claim against the driver who caused the accident. Our car accident attorney can help you establish liability, and the at-fault driver (or more often their insurer) will be responsible for paying out on a compensation claim. The most common types of car accidents include rear-end collisions, speeding accidents, failure to yield accidents, distracted driving accidents, drunk driving accidents, and more.
Hit-and-run accidents are also common, which means that victims may not know the identity of the at-fault driver. When this happens, victims may be entitled to damages from their own insurance or under insured motorist protection policies if they have this coverage.
Determining fault in a car accident case will depend on the circumstances of the collision. If a driver has broken a safety rule or law, such as the DUI statute, they may be automatically liable for injuries resulting from the violation. However, most claims require a thorough investigation to uncover how the driver acted negligently. Our attorney can prove liability if a driver did not act as a reasonable and prudent person would have under the circumstances, causing the accident and the victim’s injuries. Victims pursuing these claims in North Carolina must also show that their own negligence did not contribute to the collision.
Timing is important in both personal injury and wrongful death claims arising out of a motor vehicle accident. Victims have three years from the date of the crash in which to file a claim in North Carolina, while victims in Virginia have a two-year statute of limitations. In both states, families pursuing a wrongful death case have two years from a victim’s death before claims are barred.
The following types of damages may be recoverable after a car accident:
- Wrongful death damages if the victim was killed
- Punitive damages in cases involving wrongdoing on behalf of the defendant
- Property damage
- Past and future lost wages
- Loss of earning capacity
- Past medical expenses
- Future medical expenses
- Incidental expenses
- Past pain and suffering
- Emotional trauma
- Future pain and suffering
- Physical impairment
The Factors to Consider When Choosing a Lawyer
Our car accident attorneys understand the law and how it affects your personal injury claim, which is why it is important to choose an attorney that has experience in this area. The more knowledge and experience your personal injury attorney has, the more likely it will be that you will have a good result at the end of your case.
You also want to retain an attorney who can evaluate your medical needs so they can better understand how the injury has changed your life. A lawyer should also be interested in you both as a person and a client. You should not have to wait for long periods of time to speak with your personal injury attorney regarding your car accident case.
Plus, they should also have experience with cases that are similar to your car accident case. After working on the same cases for a while, a skilled attorney will begin to notice patterns. These patterns will help to develop a case strategy that will benefit you and protect you from making common mistakes in your car accident claim.
Also, a lawyer is supposed to zealously represent clients. This means that your attorney should stand up and fight for you without backing down or giving in to manipulative techniques used by insurance companies or other powerful corporations.
Lastly, you should retain an attorney who has experience negotiating settlements and conducting trials. If your case does proceed to trial, your personal injury attorney should advance all the costs of the trial and you should not have to pay any fees unless you receive a settlement check.
North Carolina Car Accident Laws
As our esteemed personal injury lawyer understands, the complicated car accident laws in North Carolina can seem daunting. However, having a clear grasp of these regulations is imperative for anyone involved in a motor vehicle accident in the state. Whether you are a driver, a passenger, or even a pedestrian, these laws affect your rights and responsibilities following an accident.
Determining Fault
One of the primary components of North Carolina’s car accident laws is the principle of contributory negligence. Unlike many other states that follow a comparative negligence system, North Carolina is one of the few that operates under a strict contributory negligence rule. This means that if a person is found to be even slightly at fault for the accident, they may be barred from recovering any damages. It’s a stringent rule, and it underscores the importance of having an experienced car accident attorney to represent your interests.
Statute of Limitations
Timing is of the essence when it comes to car accident claims in North Carolina. The state imposes a strict statute of limitations on personal injury claims. Generally, victims have three years from the date of the accident to file a personal injury lawsuit and three years to file for property damage. Missing this window can result in your loss of rights to seek compensation. Thus, it’s essential to act promptly and consult with our motor vehicle accident lawyer so that your claim is filed within the stipulated timeframe.
Uninsured and Underinsured Motorist Coverage
North Carolina law encourages all drivers to have uninsured motorist coverage as part of their auto insurance policy. This provision protects you if you are involved in an accident with a driver who does not have insurance or lacks adequate coverage. An uninsured drivers policy allows you to seek compensation for your injuries and damages through your own insurance policy. Underinsured motorist coverage, although not mandatory, is also highly recommended as it can bridge the gap when the at-fault driver’s insurance is insufficient to cover your losses after a crash.
Duty To Report Accidents
If you’re involved in an accident in North Carolina, the law requires you to report it to the local police or the state Highway Patrol if it results in injury, death, or property damage exceeding $1,000. This report plays a vital role in the claims process, serving as an official record of the incident. Retaining our Raleigh auto accident lawyer can help streamline the reporting process, so that all relevant details are accurately captured.
Common Causes of Car Accidents
- Distracted Driving
When operating a motor vehicle, a driver’s attention should be on the road. Unfortunately, many drivers find it difficult not to avert their attention to other things when behind the wheel. Cell phones are a major contributor to accidents caused by distracted driving. Texting, talking, checking notifications, and using apps can all contribute to a dangerous driving environment.
The dangers of distracted driving include running red lights, failing to stop or yield, traveling over the line, and more. However, there are other sources of potential distraction that often lead to accidents. Interacting with passengers and other vehicles, adjusting the radio, eating, and grooming are all common activities that people engage in when their full attention should be on the road. If you’ve been injured by a distracted driver, contact our competent Raleigh car accident lawyer.
- Impaired Driving
This category includes driving under the influence of alcohol or other substances, as well as driving when tired. Drowsy driving contributes to a large number of accidents every year – an estimated 100,000 of them. Even when tired drivers manage to stay awake behind the wheel, a lack of sleep can cause many impairments that make driving safely next to impossible. Slowed reaction time, decreased concentration, and impaired decision-making are all symptoms of sleep deprivation.
- Reckless Driving
Failing to follow traffic laws is not only illegal, but it can also lead to collisions that cause catastrophic injuries. Reckless driving is a classification of major moving traffic violations that indicate a disregard for safety. Speeding, road rage, running red lights, failing to yield the right-of-way, and changing lanes improperly are all examples of behaviors that are often considered reckless driving. Any one of these on their own is dangerous, but many times reckless drivers commit multiple offenses prior to causing a crash.
Safe driving should be every driver’s default operating mode. Unfortunately, some people exhibit carelessness for the lives of others when they get behind the wheel of their vehicle. If you’ve been injured and want the at-fault driver to be held responsible for the damage they’ve caused, our car accident attorney can provide clarification on what your options are.
Raleigh Car Accident Infographic
Raleigh Car Accident Statistics
There are many causes of car accidents such as distracted driving, reckless driving, and road construction. According to the North Carolina Department of Transportation, there were over 7,000 car crashes in 2019 in construction work zones alone. North Carolina is a fault or tort-based state which means that if you are hurt in a car accident, you can recover damages from the driver that caused the accident or is considered to be at fault.
If you are hurt in a car crash in North Carolina, you can receive compensation for your injuries from your insurance carrier, the at-fault driver by filing a lawsuit, or the at-fault driver’s insurance carrier. Deciding who is at fault is not always clear, because it is not always the driver of the other car. A key responsibility of our accident attorney is establishing negligence and proving liability.
Raleigh Car Accident FAQs
What Should I Do After An Automobile Accident?
If you have been in a crash, there are several essential steps to take after a car accident in North Carolina. Automobile accidents occur unexpectedly and the physical impact can come from any angle. You should get medical help immediately after suffering personal injury during an automobile accident. Provide emergency responders with information regarding the accident and how it happened.
Also, contact the police after the car accident and collect any evidence available to you. Do not, under any circumstances, admit liability to anyone. Do not communicate with any insurance company until you speak with our personal injury attorney. You should also take detailed notes so you can remember the accident exactly how it occurred.
Motor vehicle collisions can cause a range of trauma including whiplash, brain and spinal cord injuries, and physical disabilities. If you have been catastrophically injured, it is important to discuss your case with one of our specialized personal injury attorneys.
How Can a Car Accident Lawyer Help Me?
Our car accident attorney is a type of personal injury lawyer who helps people who have been injured in a car crash. We handle claims arising from all types of accidents, including those involving cars, trucks, motorcycles, and pedestrians.
Car accidents can happen for any number of reasons, from distracted driving to drunk driving. If you are injured, you may need the help of our lawyer to get the compensation you deserve. Our legal team can help you file a lawsuit against the other driver involved in the accident. This means that you could receive compensation for your medical bills, lost wages, and pain and suffering.
Why Is A Car Accident Lawyer Needed?
Accidents can cause serious injuries and damage to your vehicle, so you need someone on your side who knows the law and can help you get the compensation you deserve.
If you’ve been in a car accident, you may be wondering if you need a lawyer. The answer is yes. Here are three reasons why. First, dealing with the insurance company can be frustrating and confusing. Our auto accident lawyer will handle all the communication with insurance companies and make sure you get the settlement you deserve. Second, accidents often lead to serious injuries. Our attorney can help make sure you get the care you need while building medical records that could be pivotal for your case. Third, car accidents can be expensive. Our legal team can help you avoid paying for damages out of pocket by holding the at-fault party accountable for your damages.
What Should I Do if My Accident Was Minor?
Don’t assume too quickly that the car accident was minor. If, after taking time to assess any injuries to you or anyone else and the damage to any vehicles involved, you realize it is truly a minor accident, exchange your information (name, address, driver’s license number, and insurance company) with the other driver or put it in writing and slip it under a windshield wiper. It might make sense to take a picture so you can verify to the police that you did notify the other party. However, it is a best practice to report all collisions to the authorities.
What Does It Mean That North Carolina Is A Tort Or Fault-based State For Car Accidents?
Basically, a fault or tort-based negligence law means that if you’re injured in a car accident that was caused by someone else, you have the right to collect damages from that person, including from their insurance. On the other hand, if you were at fault, the injured party may be able to collect damages from your car insurance company.
Car accidents can range from no damage to significant property damage and catastrophic injury, to wrongful death. The purpose of these policies is to hold the person who is at fault liable for the injuries they caused.
Burton Law Firm, Raleigh Car Accident Lawyer
219 N. Boylan Ave. Raleigh, NC 27603
Contact Our Raleigh Car Accident Lawyer Today
At Burton Law Firm in Raleigh, North Carolina, we understand the hardships accident victims face following auto accidents. Our experienced accident lawyers are committed to helping you handle personal injury claims. We will help you receive the medical care and financial compensation you deserve.
Dealing with insurance adjusters can be challenging, especially when they try to minimize your compensation. Our legal team excels in negotiating fair settlements, considering all aspects of your accident injuries, including physical pain, emotional distress, and non-economic damages such as loss of consortium and enjoyment of life.
In North Carolina’s contributory negligence laws, the stakes are high. Even partial fault can affect your claim, but our experienced auto accident attorneys are adept at handling these challenges. We pursue legal action against negligent drivers, including those impaired by alcohol, to secure maximum compensation for you.
Our initial consultation allows us to understand your situation, including the extent of your medical bills, severe injuries, and any permanent disability or mental anguish you may have suffered. With our extensive experience, we’re equipped to handle a range of cases, from truck accidents to collisions with drunk drivers.
At our firm, your recovery—both physical and financial—is our priority. We strive for a fair settlement that covers all your needs, so you can focus on healing without the burden of legal claims and financial worries.
Client Review
“Mr. Burton is a very knowledgeable and trustworthy attorney. He gave me honest feedback on my case in a professional and friendly manner. I would absolutely refer him to anyone who needs a good attorney to help you through the court system, he will be by your side from beginning to end!”
Megan Halloran
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