Gastonia Car Accident Lawyer

Car Accident Attorney in Gastonia, NC

It can be difficult for North Carolina auto accident victims to recover damages after car crashes. It’s an at-fault state that uses a strict pure contributory negligence law, limiting drivers’ abilities to file personal injury claims. Having a skilled Gastonia car accident lawyer on your side makes it more likely that your claim will be successful.

Trust Butler, Quinn & Hochman, PLLC

If you’re looking for an experienced Gastonia car accident attorney, look no further than Butler, Quinn & Hochman, PLLC. Our team of skilled legal professionals has been practicing personal injury law for years, and in that time, we’ve seen it all. We can help you with even a complicated car accident claim, so don’t hesitate to reach out.

Why Hire a Car Accident Lawyer?

In 2023, there were 284,157 traffic accidents reported across North Carolina, many of which occurred on major interstates like I-84, which passes through Gastonia. A total of 115,009 people were injured in these crashes, and 1,561 people were killed.

Whether your injuries were relatively minor or you need to file a wrongful death claim following a loved one’s passing, you should hire a car accident lawyer to help you navigate the often complex process. Insurance companies are notorious for offering low settlements to drivers who don’t have lawyers. Having a car accident attorney on your side means you’ll have someone to support your rights and interests in negotiations and represent you should your case go to trial.

Understanding Contributory Negligence in North Carolina

North Carolina has one of the strictest contributory negligence standards in the country. Under North Carolina law, if you’re found to be even partially at-fault for the injuries or other damages you’ve incurred, you won’t be able to recover damages from the liable party.

Compare this with most states, which use a comparative negligence rule that allows drivers to recover damages even if they are partially at fault, and it’s clear that North Carolina’s laws do not favor car accident victims. If you plan to file a claim against the driver responsible for your crash, you should consult with a car accident lawyer before filing the initial claim.

Damages and Limits

There are two types of damages you can claim in car accident cases. They are:

1. Economic damages. Economic damages can be calculated using evidence such as medical records and accident reports.
2. Non-economic damages. Non-economic damages are more difficult to determine. They include things like emotional harm, pain, and suffering. Your lawyer can help you ensure that you claim the full extent of your non-economic damages.

In North Carolina, the damages you can claim include:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Disability or disfigurement

In rare cases, you may also be able to recover punitive damages. Punitive damages are only awarded if the at-fault driver’s actions were actively and unusually malicious or reckless. There is no damage cap in North Carolina for economic or non-economic damages.

Statutes of Limitations

The statute of limitations for filing a car accident claim is three years from the date of the crash. In some cases, you must go through the responsible driver’s insurance company’s claim process before filing a civil claim. Your lawyer can help you determine whether this is the case with your accident.

You shouldn’t wait until the last minute to file your car accident claim. If you’ve been injured or sustained property damage in a crash due to no fault of your own, you should hire a lawyer quickly after the accident occurred. Ensuring everyone’s safety and getting medical care should always be your top priorities, but once you have accomplished these essential goals, it’s time to seek legal counsel.

What to Do Immediately After a Car Accident

The steps you take immediately after a car accident can go a long way toward determining whether you’ll be able to successfully file a car accident claim later on. If you get into an accident that is not your fault, you should:

1. Check for injuries and move to a safe place. Everyone’s safety should be your top priority following an accident. Check yourself and any passengers for injuries and move everyone who is not severely injured to a safe location to wait for the authorities.
2. Call 911. Whether or not anyone has sustained injuries serious enough to require paramedics, you should always call 911 following an accident. North Carolina law requires you to report accidents that involve injuries, deaths, or substantial property damage. The accident report filed by the police will also act as crucial evidence in your insurance claim or civil action.
3. Gather evidence. If you’re physically able and it’s safe to do so, take the time to gather evidence at the scene before you leave. Photos and videos of the damage to the vehicles, the surrounding environment, road conditions, traffic signs, and any visible injuries can all bolster your case. You’ll also need to get contact information for the other driver and any witnesses.
4. Don’t admit fault. It’s natural to want to apologize to the other person after getting into an accident, even if it wasn’t your fault. You should avoid doing this because even an innocent, polite apology can be used against you by the liable party’s insurance company. Whether you’re speaking to the other driver or the police, stick to the facts and don’t apologize.
5. Seek medical attention. You should seek medical attention immediately after the accident, even if you’re not sure if you were injured or if your injuries seem minor. Some serious injuries, such as internal bleeding, don’t show symptoms right away, so delaying medical care could jeopardize your health. It could also give the liable party’s insurance company reason to dispute your claim.
6. Notify your insurance company. You should call your insurance company as soon as possible to report the accident. You’ll also need to file a claim with the responsible driver’s insurance company. Again, don’t speculate on fault or provide unnecessary details.
7. Consult a lawyer. If you don’t have a lawyer yet, now is the time to get one. Don’t accept any settlements from the insurance companies until you’ve reviewed them with legal counsel, as insurers often offer low settlements that won’t pay for 100% of your damages.
8. Follow up on medical treatments. You should continue to attend all follow-up medical appointments and keep copies of any bills, prescriptions, or related expenses. A well-documented medical history will strengthen your case.

When in doubt about what to do, ask a car accident attorney for legal advice. Your attorney can be a valuable resource throughout the claim-filing process, particularly if the insurance company attempts to dispute your claim.

FAQs

How Is Fault Determined in a Car Accident in North Carolina?

In North Carolina, fault is determined using a pure contributory negligence rule. What that means is that if your negligence contributed to the accident in any way, even if you were only found to be 1% at fault, you won’t be able to recover any damages. Fault is established by collecting evidence demonstrating negligence.

Am I At Fault if I Hit a Car in Front of Me Because the Driver Slammed on the Brakes Very Suddenly?

You are most likely at fault if you hit a car in front of you because the driver slammed on the brakes very suddenly. You’re supposed to maintain a safe following distance, which means that even if the driver ahead of you stops suddenly, you have enough room to brake safely. That said, the driver ahead of you could be found at fault if they were intentionally brake-checking you or had broken brake lights.

Is North Carolina a No-Fault State for Car Accidents?

North Carolina is not a no-fault state for car accidents. It’s an at-fault state, which means the insurance company of the driver found at fault for an accident is responsible for paying for any damages resulting from that accident, including injuries, property damage, and non-economic damages. You can only recover compensation from the responsible driver if they are found 100% liable.

Whose Insurance Do You Call if You Are Not at Fault?

If you’re not at fault for a car accident, you usually call the at-fault driver’s insurance company to file a third-party claim. However, you’ll also need to notify your own insurance company. Your insurance could provide faster repairs and recover the costs from the other insurer, and they could provide assistance if the other party’s car accident claim process is slow.

Your Gastonia Car Accident Lawyer

If you’ve been in a crash due to someone else’s negligence, you may be able to recover compensation for any injuries and other damages you’ve sustained. Your first step should be to speak with a Gastonia car accident lawyer. The team here at Butler, Quinn & Hochman, PLLC, is here to help. We have extensive knowledge of car accident laws and how to apply them to different cases to maximize our clients’ claims. Contact us to schedule an initial consultation.

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