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In 2023, North Carolina’s drivers reported 284,157 traffic crashes, injuring more than 100,00 people. Rebuilding your life after a car accident can be a costly experience that lasts months or even years. The last thing a car accident victim should have to think about is how they are going to pay for their recovery. The attorneys of Maginnis Howard are proud to fight for clients across the Carolinas who have suffered injuries in car accidents. Each case is personal to us, and we have one goal- to get the best outcome for you.
Rear-end accidents account for the single largest category of collisions. The National Safety Council estimates 3.6 million rear-end accidents in 2022 alone. This type of collision occurs when a vehicle hits the back of another vehicle. Frequently, these occur at stop lights or in traffic when motorists fail to use a safe following distance.
Head-on crashes are relatively less common than other categories, making up 4.4% of collisions. However, they accounted for 29% of motor vehicle accident fatalities in 2022. As the name suggests, a head-on collision involves two vehicles traveling in opposite directions that collide directly.
A T-bone crash is an angled crash that generally occurs at intersections. Drivers turning left may not look before turning, and traffic from the opposite direction will collide with the vehicle's passenger side. Alternatively, these occur when motorists fail to stop at intersections where those turning left have the right of way.
Distracted driving is a broad category that includes any activity that takes your full attention away from the road, such as talking on the phone, texting, eating, drinking, changing the music, or looking at directions. The rise of distracted driving crashes is an alarming trend in the United States. The National Highway Traffic Safety Administration (NHTSA) reported 3,308 distracted driving fatalities in 2022.
Alcohol consumption decreases brain functionality and slows your reaction time. These effects on motor vehicle operators can be catastrophic. For that reason, driving a car, truck, or motorcycle with a Blood Alcohol Concentration (BAC) above .08 is illegal in all 50 states.
After an accident, those involved are required by law to pull over and exchange contact information. If an at-fault driver instead flees the scene, it is known as a hit-and-run. Hit-and-runs can have serious criminal consequences, especially if the victim is injured or killed.
The first question in every car accident case is whether the other driver is liable. This means asking whether they violated a safety statute or otherwise acted unsafely. In most cases, such as rear-end crashes, liability is clear. In others, the determination may require retaining expert witnesses such as accident reconstruction engineers and human factors professionals.
Some cases involve the additional hurdle of North Carolina’s contributory negligence rule. This rule provides that if the injured party negligently contributed to their own injuries in any way, they are not entitled to a recovery. While there are exceptions, it is a harsh rule. Insurers often rely on it, even when you have done nothing wrong. Our attorneys discuss both negligence and contributory negligence at every initial meeting.
The most critical aspect in most car accident cases is evaluating the damages. This means looking at how you have been harmed due to the crash. In general, the “elements” of damages that might be recoverable in most North Carolina car accident cases include compensation for:
Punitive damages may also be available in cases involving egregious conduct, such as drunk driving. These are damages given solely to punish the reckless driver.
Most North Carolina automobile insurance policies cover four types of personal injury insurance coverage. The first is no-fault medical payments coverage. Whether or not you were at fault for the accident, this type of insurance coverage will assist with paying medical bills resulting from the crash. Each policy also has automobile liability coverage. This coverage pays an injured third party if the insured negligently causes a collision. So, in most circumstances where a negligent driver has injured you, you will be pursuing a claim against his or her liability coverage.
Each standard North Carolina policy also has underinsured (UM) and uninsured (UIM) motorist coverage. If you are struck by a hit-and-run driver or a driver who does not have automobile insurance coverage, your UM coverage will provide relief. You can pursue personal injury damages for car accidents directly from your own automobile insurer. The UIM coverage supplements when the other party has not purchased enough liability coverage to compensate you for your damages fully.
Maginnis Howard offers a contingency fee arrangement to all personal injury clients. This means that you do not pay any attorneys’ fees unless we recover a settlement or verdict for you. We have three conveniently located offices in Charlotte, Fayetteville, and Raleigh, with veteran car accident lawyers ready to serve you. Contact us today for a free consultation.
