FAQs

Car Accidents

After a car accident, ensure everyone’s safety and check for injuries. Call 911 to report the accident and request medical assistance if needed. Exchange contact and insurance information with the other driver(s), and gather evidence by taking photos and noting details of the accident. It’s also important to get contact information from any witnesses. Lastly, avoid admitting fault and contact your insurance company to report the accident.

In North Carolina, the statute of limitations for filing a car accident claim is generally three years from the date of the accident. This means you have three years to file a lawsuit for property damage or personal injury. If the accident resulted in a fatality, a wrongful death claim must be filed within two years.
 

If the other driver is uninsured or underinsured, you may be able to file a claim through your own insurance policy if you have uninsured/underinsured motorist coverage. This type of coverage can help cover your medical bills, lost wages, and other damages if the at-fault driver’s insurance is insufficient.
Fault in a North Carolina car accident is determined based on evidence such as police reports, witness statements, traffic laws, and any available video footage. North Carolina follows the doctrine of “contributory negligence,” meaning if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages.
In North Carolina, if you are found to be even partially at fault for the accident (contributory negligence), you may be prohibited from recovering any damages from the other party. This is a strict rule, so it’s crucial to have strong evidence proving that you were not at fault.
After a car accident, you may be entitled to compensation for various damages, including medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages. The specific compensation available depends on the circumstances of your case.
Yes, in North Carolina, you are required to report a car accident to the police if it results in injury, death, or significant property damage (generally considered to be $1,000 or more). A police report can also serve as an important piece of evidence in your claim.
Medical bills after a car accident can be covered through several sources: the at-fault driver’s insurance, your own health insurance, medical payments (MedPay) coverage on your auto insurance policy, or a settlement from a personal injury claim. It’s essential to keep detailed records of all medical treatments and expenses.
It’s advisable to consult with an attorney before speaking to the insurance company. Insurance adjusters may try to minimize the payout or use your statements against you. An attorney can help protect your rights and ensure that you receive fair compensation.
If the insurance company offers you a settlement, it’s important not to accept it without first consulting an attorney. Initial settlement offers are often lower than what you may be entitled to. An attorney can review the offer, negotiate on your behalf, and help ensure that you receive a fair settlement.

Motorcycle Accident

The most common injuries in motorcycle accidents include traumatic brain injuries (especially if the rider is not wearing a helmet), spinal cord injuries, fractures, road rash, and internal injuries. Due to the lack of protection compared to a car, motorcyclists are more vulnerable to severe injuries.

Lane splitting, where a motorcyclist rides between lanes of slow-moving or stopped traffic, is illegal in North Carolina. If a motorcyclist is involved in an accident while lane splitting, it could be difficult to recover damages, as they may be found at fault or partially at fault due to this illegal maneuver.

In North Carolina, motorcyclists must carry liability insurance with at least the following minimums: $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage. This insurance covers damages or injuries the rider may cause to others in an accident.
While North Carolina law requires liability insurance, it does not mandate additional coverage like uninsured/underinsured motorist coverage or MedPay. However, these coverages are highly recommended as they can provide protection in accidents where the other party is uninsured, underinsured, or if medical bills exceed the at-fault driver’s coverage.
The “no contact” rule refers to accidents where a motorcyclist crashes while trying to avoid another vehicle, without actually making contact with it. In North Carolina, it can be challenging to hold the other driver responsible in these cases unless there are witnesses or video evidence to prove that the other driver’s actions caused the motorcyclist to crash.
If your motorcycle accident was caused by a road hazard, such as a pothole, debris, or poor road maintenance, you may be able to file a claim against the government agency responsible for maintaining the road. However, these cases can be complex, and there are specific procedures and timelines that must be followed to pursue a claim against a government entity.
Yes, if your motorcycle accident was caused by a defective part, you may have a product liability claim against the manufacturer, distributor, or retailer of the faulty part. In these cases, you would need to prove that the defect directly caused the accident and your injuries. This often involves technical analysis and expert testimony.
To legally operate a motorcycle in North Carolina, you must have a motorcycle endorsement on your driver’s license. If you are involved in an accident and do not have the proper endorsement, it could affect your ability to recover damages, as the lack of proper licensing may be considered negligence on your part.
Yes, motorcyclists can be at a higher risk for hit-and-run accidents due to their smaller size and visibility on the road. In hit-and-run cases, it’s crucial to gather as much evidence as possible and report the incident to the police immediately. If the at-fault driver cannot be identified, uninsured motorist coverage can help cover your damages.
North Carolina requires all motorcycle riders and passengers to wear a helmet that meets federal safety standards. If you were not wearing a helmet at the time of the accident and suffered head injuries, it could reduce the compensation you’re entitled to, as the insurance company may argue that your injuries were worsened by not wearing a helmet.

Truck Accidents

Truck accidents often result in more severe injuries and damages due to the size and weight of commercial trucks. These cases can be more complex, involving multiple parties such as the truck driver, trucking company, and potentially third-party maintenance providers. Additionally, federal regulations specific to the trucking industry may play a significant role in determining liability.

Liability in a truck accident can extend beyond just the truck driver. Potentially responsible parties include the trucking company, the truck manufacturer (if a defect caused the accident), a maintenance provider (if improper maintenance contributed), or even the cargo loader (if improper loading led to the accident). Identifying all liable parties is crucial for maximizing compensation.

Truck drivers and trucking companies must adhere to both state and federal regulations, including hours-of-service rules, vehicle maintenance standards, and weight restrictions. The Federal Motor Carrier Safety Administration (FMCSA) sets many of these regulations to ensure safety on the roads. Violations of these regulations can be used as evidence of negligence in an accident case.

Federal trucking laws, such as those enforced by the FMCSA, set safety standards that trucking companies and drivers must follow. These laws cover driver qualifications, vehicle maintenance, and hours of service. Violations of federal laws can be critical in establishing liability in a truck accident case, and they may affect the outcome of the case significantly.
If a truck accident was caused by a fatigued driver, it’s important to gather evidence such as the driver’s logbook, electronic logging device (ELD) data, and any surveillance footage. Fatigued driving is a serious issue in the trucking industry, and proving that a driver violated hours-of-service regulations can strengthen your case. An attorney can help investigate and obtain this evidence.
Evidence in a truck accident case includes the police report, witness statements, photos and videos of the accident scene, data from the truck’s black box (event data recorder), driver logs, maintenance records, and any relevant surveillance footage. Gathering and preserving this evidence quickly is crucial, as trucking companies may have their own legal teams working to minimize liability.
Yes, you can often sue the trucking company if the driver was at fault. This is because trucking companies can be held liable for the actions of their employees under the legal doctrine of “respondeat superior.” Additionally, if the company failed to properly train the driver or maintain the vehicle, they could be directly liable for the accident.
Compensation in a truck accident claim can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. The extent of compensation depends on the severity of the injuries, the degree of negligence, and the impact of the accident on your life.
The time it takes to settle a truck accident claim varies depending on the complexity of the case, the willingness of the parties to negotiate, and the amount of evidence involved. Some cases may settle within a few months, while others could take a year or more, especially if they go to trial. An attorney can give you a better estimate based on the specifics of your case.
Expert witnesses are often crucial in truck accident claims. These experts can include accident reconstructionists, medical professionals, and trucking industry specialists who can testify about safety regulations, driver behavior, and the cause of the accident. Their testimony can help clarify complex issues and strengthen your case.
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