Wake Forest Car Accident Attorney

At Wallace Pierce Law, we understand that it can be difficult to know what to do after a car accident, even when you aren’t at fault. Don’t risk settling for payouts that don’t cover your obligations and suffering. Our team can help you get a fair settlement.

Schedule your first consultation online or at (919) 887-7892 today and get started on the path to financial recuperation.

North Carolina Car Accident Claims

Every state governs its own car insurance procedures, requirements, and claims. North Carolina, however, has an especially complex and multi-layered system that requires accident victims to take several key steps to access the financial relief they need. While insurance companies would like to think they make it easy to recover that relief, as a rule, they will instead try to underpay or completely deny claims.

In Case of an Accident

Call 911

Call 911 as soon as possible after you have been involved in a crash. North Carolina state law dictates you must call the police if: any party to the accident is injured, there is significant property damage, or there is minimal property damage but the liability is in dispute. If you or someone else has been hurt in the accident, the police will let you know whether you should wait until they get to the scene or if you are allowed to leave due to medical necessity. You will also want the police to come to the scene of the accident if the other driver doesn't have insurance, you believe the other driver was under the influence, or you think the other driver's story is evasive, contradictory, or incomplete.

What Type of Car Insurance Do You Have?

After the accident and after you have gone to the hospital to take care of any injuries or to get an evaluation, there are several things you and your legal team must do to make and prove a claim with your insurer and the insurer of the at-fault driver. The team at Wallace Pierce can help make sure you get started on the right track and can stay on top of the deadlines and paperwork that can make or break your case.

North Carolina Fault by Access and Fault by Circumstance Car Liability

The mistake that so many people make when they have been in an accident is assuming that they can begin a claim with the at-fault driver’s insurance company. Since that company knows that it will ultimately have to pay out the claim, they may either try to deny liability or at the very least, minimize the extent of the damage they owe you. Your own insurance, however, can ultimately be the one that pays out the claim, once you can prove fault. Like many states, you can show fault by either access or circumstance, but North Carolina recognizes additional types of fault under North Carolina Statute Annotated § 20-4.01.

In cases of access, you must prove that the other driver was:

• A driver with a valid license over the age of 18

The driver must also have neglected the traffic laws, been intoxicated, or intentionally caused an accident just to collect from the insurance.

In cases of circumstance, you must prove that the other driver was:

• A driver over 18 with a valid license

Contact Our Team as Soon as Possible

Also in proving access to fault, you can explain the other driver’s driving record. If they have a habit of similar infractions, then you can more easily prove the driver’s propensity for dangerous driving. If you elect to sue the other driver as a plaintiff, instead of simply making a third-party-insurance claim, you must plead your case under North Carolina’ works against a third-party claim (although not an uninsured claim) to limit the driver’s liability, leaving the victim to pay out of pocket.

 If you are found to have any liability in the matter at all, then understatutory law, you cannot collect. These rules can make it especially difficult to collect any amount for injuries, let alone to figure out how much might be reasonably expected. Send the correct documents to the correct company by the proper deadlines.

The smallest mistake can mean your claim is denied, no matter how much documentation or evidence you marshal on the matter. The team at Wallace Pierce Law can guide you through the important insurance claims process.

Schedule an initial consultation with an experienced car accident attorney at Wallace Pierce Law today by submitting an online contact form, or by calling (919) 887-7892.

What Is Contributory Negligence?

At its core, this common law doctrine means that unless you can prove the other driver was 100 percent at fault in the matter, meaning even as little as 1 percent of the responsibility is your own, you can be considered contributorily negligent and can be denied any compensation for the crash and your injuries. This makes it so essential to carefully document every fact and all the evidence of what actually happened on the road.

To build the strongest insurance claim possible, it is often useful to have the following pieces of information:

• Snap as many photos as possible of the accident scene, the damage, the other driver (if you can), the lighting and weather, and any marks on the road.
• Write down a narrative of events as soon as possible.
• Write down all the information you receive from the police and all of the report number.
• Get the name, phone number, address, and insurance provider of the other driver as soon as possible. If you can also get their social security number, it can further expedite the insurance claims process.
• However, unless the insurance adjuster is required, you don’t need to give an official statement of events to the insurance company.
• See an independent doctor as soon as possible to document the extent of your injuries. Follow all of the medical instructions you receive to avoid any accusations that you are just malingering or trying to unnecessarily inflate the claim.

Even minor errors during the claims process can limit the funds you can ask for compensation for. As an experienced car accident attorney at Wallace Pierce Law can explain, you ultimately ultimately reach varying degrees or find complete success, under North Carolina’s doctrine.

We have helped clients address several types of minor and severe car accident injuries and are prepared to help you with your claim for damages related to:

• Head injuries
• Spinal cord injuries
• Whip lash and soft tissue injuries
• Bone fractures
• Internal bleeding
• Scarring and disfigurement
• Minor to serious lacerations
• Burns and road rash
• Injuries to the organs or internal systems
• Injuries to the extremities that necessitate amputation
• Cognitive injuries
• Post-traumatic stress
• Severe emotional distress
• Anxiety and depression

FAQ: Wake Forest Car Accident Attorney

1. What should I do immediately after a car accident in North Carolina?
After a car accident, your first step is to call 911. North Carolina law requires you to report the accident if there are any injuries, significant property damage, or if liability is disputed. The police will help assess the situation and create an official report, which will be crucial for your insurance claim. If you or others are injured, follow the police instructions regarding medical treatment. Ensure you document the accident scene, exchange information with the other driver, and get witness statements if possible.

2. What type of car insurance do I need in North Carolina?
North Carolina is a fault-based state, meaning the at-fault driver's insurance typically covers damages in an accident. However, your own insurance can also help pay for damages if the at-fault driver is uninsured or underinsured. The type of coverage you need includes:

• Liability insurance: Covers damages to others if you're at fault.
• Personal Injury Protection (PIP): Pays for your medical expenses after an accident, regardless of who is at fault.
• Uninsured/Underinsured Motorist Insurance: Protects you if the other driver lacks adequate insurance.

3. What is the role of contributory negligence in a car accident case?
North Carolina follows the doctrine of contributory negligence, which means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages. This strict rule makes it critical to prove the other driver was entirely responsible for the accident. Our team at Wallace Pierce Law can help ensure that you document the accident thoroughly and build a strong case to avoid any allegations of partial fault.

4. How can I prove the other driver was at fault for the accident?
To prove fault in a North Carolina car accident, you need to:

• Document the scene: Take pictures of the damage, weather conditions, traffic signs, and skid marks.
• Get witness statements: If possible, gather contact information from any witnesses who can corroborate your version of events.
• Obtain a police report: The police will file a report that may include an assessment of fault.
• Review the accident details: Collect the other driver’s insurance and contact details. If you can, get the driver's driving history or evidence of prior infractions.
• Seek medical evaluation: Have an independent doctor assess your injuries as soon as possible to establish a link between the accident and any medical conditions you may have.

5. What is the difference between "fault by access" and "fault by circumstance"?
In North Carolina, fault can be established in two ways:

• Fault by access: This involves proving that the other driver had access to the accident scene through their actions, such as driving under the influence or intentionally causing the crash.
• Fault by circumstance: This refers to proving that the other driver failed to follow traffic laws, leading to the accident.

North Carolina law allows you to prove fault either by access or circumstance, but gathering sufficient evidence to support your claim is key.

6. How do I file a car accident claim in North Carolina?
Filing a car accident claim involves several steps:

• File a police report: If the police do not come to the scene, file a report on your own.
• Contact your insurance company: Notify your insurer and provide them with all necessary documentation and evidence.
• Notify the at-fault driver’s insurer: If possible, initiate a claim with the at-fault driver’s insurance company.
• Gather evidence: This includes photos, witness statements, and your medical records.
• Follow deadlines: Ensure all claims are filed promptly to avoid missing critical deadlines.
• Work with a lawyer: Our team at Wallace Pierce Law can guide you through this process and ensure you don’t miss any important steps or deadlines.

7. What are the most common injuries resulting from car accidents?
Car accidents can lead to a wide range of injuries, from minor to severe. Some of the most common injuries include:

• Head injuries (concussions, traumatic brain injuries)
• Spinal cord injuries
• Whiplash and soft tissue injuries
• Bone fractures
• Internal injuries or bleeding
• Burns and road rash
• Lacerations and scarring
• Post-traumatic stress disorder (PTSD), anxiety, and depression

If you’ve suffered any of these injuries, our attorneys can help you seek compensation for medical bills, lost wages, pain and suffering, and more.

8. How long do I have to file a car accident claim in North Carolina?
In North Carolina, you typically have three years from the date of the accident to file a personal injury lawsuit. However, you should contact a lawyer as soon as possible to ensure that all claims are filed within the required time frame and to avoid missing important deadlines.

Entrust your case to the experienced car accident attorneys at Wallace Pierce Law by calling us today at (919) 887-7892 . Schedule an initial consultation today, or visit us in Raleigh, Durham, or at our satellite locations in Durham or Cary.