Legal Protections for Traffic Accident Victims in North Carolina

Legal Protections for Traffic Accident Victims in North Carolina

Photo by Claire Anderson on Unsplash

Being injured in a car accident that wasn’t your fault can prove to be both painful and frustrating. Fortunately, the State of North Carolina has laws in place to legally protect victims and gives them the right to hold the other driver liable. However, this isn’t always as simple as it seems, and filing a traffic accident lawsuit could present hurdles to hop over and hoops to jump through. Unfortunately, dealing with your injuries may be all that you as an accident victim can handle.

North Carolina residents who’ve been injured in a car crash and are confused about their legal rights should contact a Charlotte car accident lawyer. While they’re on the mend and tending to their injuries, a legal team will be fighting for their legal right to seek compensation.

Legal Protections for Car Accident Victims in North Carolina

North Carolina has certain legal protections for those involved in motor vehicle accidents. Although under the law everyone is entitled to them, some will require the assistance of a personal injury attorney to ensure that victims retain all of their legal rights. Let’s take a look at some of the things the state has put in place in regard to car accidents and the law.

North Carolina Minimum Insurance Requirements

Although many North Carolina car crashes don’t result in injuries, some do. Thankfully, the state mandates that all registered vehicles carry minimum insurance requirements in the case of bodily harm caused by a crash. This is to ensure that in case of an accident, there is some coverage for any injured parties. Currently, North Carolina’s minimum liability insurance is:

$30,000 for bodily injury per person

$60,000 in bodily injury per accident

$25,000 in property damage coverage

Although these amounts may seem adequate to cover a victim’s damages in a car accident, many times they don’t cover the total damages. Smart drivers opt for more coverage, however, the additional protection will cost significantly more than the minimum required coverage.

How Fault Plays a Role in North Carolina Car Accident Lawsuits

Unlike some other states, North Carolina isn’t a no-fault state. This means that the driver who was negligent and caused the accident that resulted in damages is liable. The severity of injuries doesn’t play a role in the victim’s right to seek compensation, but it does affect how much they can claim for damages.

Unfortunately, the state does follow the rules of contributory negligence. If the accident victim is deemed to be 1% or more responsible for the crash, they lose all rights to file a lawsuit. This highlights the importance of working with a personal injury attorney since the at-fault driver’s insurance company will certainly bring this into play to avoid liability.

The Right To Seek Compensation for Car Accident Damages

In the state of North Carolina, drivers who’ve been injured in a car crash that they were in no way responsible for have the legal right to seek compensation. You’ll have a few options for how to do so. Car accident victims who have severe injuries should never attempt to seek compensation without first consulting with an experienced personal injury attorney. They have the legal know-how to pursue such matters.

Victims can attempt to recover damages by contacting the at-fault driver’s insurance company. However, the most that they’ll pay out, that is, if they decide to do so, will only be for the amount of coverage that their client has on their insurance policy. Most times this isn’t an adequate amount to cover the many damages from a severe accident.

The best option is to file a car accident personal injury lawsuit with the help of a lawyer. Your legal team can help you to gather all of the necessary evidence to prove negligence, causation, and damages. They also have the legal savvy to negotiate with insurance company claim adjusters to ensure that you receive the best possible settlement offer. Insurance companies are often quick to offer a low-ball settlement, but this isn’t in your best interest.

North Carolina’s personal injury lawsuit statute of limitations is set at 3 years from the date of the accident. If you’ve decided to file a lawsuit, it’s best to begin working with a legal team sooner rather than later since the entire process can be time-consuming.

Legal Protections for North Carolina Car Accident Victims Explained

Being compensated after a North Carolina car crash can sometimes be a difficult endeavor. Even with cases that seem cut and dry and the guilty party is obvious, insurance companies can be difficult to work with. Insurance coverage minimums rarely fully compensate the victims, and with the state’s contributory negligence rules, they may even fight that they were liable at all.

If you’ve found yourself on the wrong end of a car crash, hire an experienced personal injury attorney. They have the knowledge and experience to ensure that you receive the best possible settlement so that you can put this tragic event behind you.

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