Charlotte Car Accident Attorneys
Handling All Auto Accident Types
Every year, thousands of people are injured in auto accidents in North Carolina. Many of these crashes occur on the busy roads and highways around Charlotte, such as I-77, I-85, I-277, and I-485. If you were hurt in a car accident in Charlotte, you may be entitled to compensation for medical bills, lost earnings, and other expenses. The Charlotte car accident injury lawyers of Dewey, Ramsay & Hunt, P.A. can help you file a claim or lawsuit to pursue the compensation that you deserve.
At our firm, our legal team is committed to maximizing your recovery. Armed with more than a quarter of a century of combined experience fighting for crash victims and their family members, our skilled auto accident lawyers are ready to provide compassionate guidance and aggressive representation if you or a loved one was hurt in a crash. We can handle all of the insurance paperwork and negotiation on your behalf while protecting your rights and working to hold the at-fault driver accountable.
Types of Car Accident Injuries Our Lawyers Handle
Unfortunately, there is a high likelihood of being injured if you are involved in a car crash. North Carolina car accident statistics show that in 2016 alone, nearly one-third of all crashes resulted in injuries, with approximately 82,600 out of 267,000 crashes injuring drivers, passengers, or others.
Our lawyers handle all types of personal injury and wrongful death claims arising from car crashes in North Carolina. Common car accident injuries that we can help you file a claim for include:
- Amputation and dismemberment
- Ankle and foot injuries
- Brain injuries and concussions
- Broken bones
- Bruises and contusions
- Burn injuries
- Chest and abdominal injuries
- Crush injuries
- Cuts and lacerations
- Eye injuries and vision loss
- Facial injuries
- Hearing loss
- Hip injuries
- Internal bleeding
- Knee and leg injuries
- Shoulder and neck injuries
- Seatbelt injuries
- Spinal cord injuries and paralysis
- Sprains and strains
- Whiplash injuries
- Wrist and hand injuries
Do You Have a Car Accident Claim?
Human error is the cause of most car accidents. For example, a driver might make errors when following road signs or operating the vehicle. In other cases, a manufacturer’s error can create a defect that causes a vehicle to become unsafe. In other cases, negligent road maintenance can cause hazards to develop in the roadway. Fatigue, intoxication, distraction, and failure to obey traffic laws are all common factors in avoidable crashes.
Whether you are driving a car, are riding as a passenger, or are a pedestrian who is involved in an accident with a car, you may have grounds to file an injury claim in Charlotte.
Some common causes of car accidents that can lead to personal injury claims include the following:
- Defective roadways
- Defective vehicles or car parts
- Distracted drivers
- Driving under the influence of alcohol, marijuana, or other drugs
- Failures to follow posted traffic signs and/or traffic lights
- Falling asleep at the wheel
- Following too closely (“tailgating”)
- Hazardous weather conditions
If you are the victim or family member of a victim of a car accident, you may be entitled to compensation for:
- Pain and suffering
- Loss of income
- Medical expenses
- Vehicle damage
Fault & Liability for Car Crashes in North Carolina
Each state follows either a “fault” system or a “no-fault” system for car accidents. North Carolina is a fault state, sometimes called an “at-fault” state. This has important consequences for auto accident victims.
Under North Carolina’s fault liability system, there are a few ways an accident victim can pursue compensation for medical bills and other losses. If you were hurt in an accident, you might wish to file a car accident claim with your own insurance company or file a lawsuit against the driver who caused the crash, depending on the circumstances. The at-fault driver is typically responsible for the injury victim’s losses, but fault must be determined by a careful examination of the evidence surrounding the accident.
North Carolina follows a legal doctrine known as “contributory negligence,” which can create obstacles for accident survivors. Under this doctrine, a crash victim cannot recover compensation if he or she contributed to causing the accident. For example, a driver who is deemed 10% at fault will be prevented from recovery, despite playing a minimal role in the crash. Because of North Carolina’s strict contributory negligence laws, which insurance companies often use to deny liability and avoid paying claims, it is absolutely crucial for North Carolinians to have aggressive legal representation if a crash occurs.
An attorney can also provide guidance if other insurance issues arise, such as a scenario where the at-fault driver is uninsured or underinsured. In this type of situation, compensation may be available through the injury victim’s own Uninsured Motorist (UM)/Underinsured Motorist (UIM) policy.
Ready to heal? Call our Charlotte car accident attorneys to assess your case and determine next steps at (704) 377-3737. We offer compassion during a stressful and emotional time.
What is Medical Payments Coverage?
Medical Payments Coverage is an optional coverage that an individual can purchase from their automobile insurance provider, and in the event that they are in a crash and suffer an injury, their insurance provider will cover their medical bills up to the insurance limits purchased. For instance, if a person purchases $1,000 in medical payments coverage, their insurance will cover up to $1,000 in medical bills related to the crash. This is a great coverage to have and acts as an extra layer of protection for individuals injured in motor vehicle crashes.
Will Medical Payments Coverage Affect My Insurance Premium?
No, making a claim for Medical Payments should not affect your insurance premium. It may affect discounts through your carrier such as a no claim discount, but it will not affect your premium.
Who is Responsible for Paying for My Medical Bills Related to this Crash?
You are the person ultimately responsible for paying for the medical bills associated with your injuries from the motor vehicle crash, but those bills are one type of your damages. The insurance company for the at-fault driver’s responsibility to compensate you for those costs. The personal injury system is designed to compensate injured plaintiffs for the injuries they suffered, past tense. Therefore, plaintiffs do not receive compensation until after they are done treating. We therefore ask all of our clients to utilize their health insurance whenever possible.
Who Pays to Fix My Car?
It is the responsibility of the at-fault driver’s automobile insurance to repair your car. If the damages to your car exceed 75% of its fair market retail value, your car would be deemed a total loss and you would have two choices: You can choose to keep your car and receive what is called the salvage value (the fair market value of your car at the time of the crash minus the salvage value), or sign over the car title to the insurance company and accept the fair market value of your car at the time of the crash.
What Happens if I Owe More than My Car is Worth?
If your current loan is greater than the value of your car, you may have to pay the balance if you do not have something called Gap Insurance. If you have Gap Insurance, you may be protected from just such a circumstance.
If I’m Hit and Injured by a Common Carrier, Who is Responsible for Damages?
If the accident was the direct result of negligence on the part of the operator, the common carrier company can be held liable and subject to pay damages to the injured party.
What Protocol will Best Protect Me Following an Auto Accident?
If you’ve been injured in an auto accident, you need to collect and document as much information as possible about the accident.
Information you need to collect includes:
- Other drivers’ names, numbers, and addresses
- Other drivers’ license numbers and insurance information
- Registered owners of all vehicles
- The exact location of the accident and position of vehicles
- Was there suspected drug or alcohol use?
- Passenger names and contact information
- Pedestrians or witness contact information
- Were any other drivers’ or passengers injured?
- Was medical assistance rendered at the scene?
- What were your personal injuries or suspected injuries at the time of the accident and upon medical evaluation?
- Time of day and weather conditions
- Apparent damage to each vehicle involved
- Did the other driver admit responsibility?
- Were police on the scene? If so, was anyone issued a ticket?
- Under what circumstances is a driver considered to be negligent?
The law considers negligent behavior to occur when a person fails to act as a reasonable person would. This definition can be vague and interpreted with a variety of meanings. A jury trial in a court of law can help determine if reasonable standards of conduct were not followed. Speeding, failure to follow traffic rules, aggressive driving, and reckless driving can all be considered examples of negligence.
What is a Notice of Loss?
“Notice of loss” is a provision in most insurance contracts that require a policyholder to notify the insurance company in the event of an accident, complete with property damage and injury estimates. Hiring an experienced auto accident attorney to handle your case immediately after your accident can protect your rights. Your attorney will make sure every attempt is made to allow the insurance company to offer a fair settlement before filing suit. If you fail to notify the insurance company of the accident in a timely manner, you may forfeit your rights.
Determining whether you are receiving a fair settlement can be difficult. The Charlotte accident law firm of Dewey, Ramsay & Hunt, P.A. can help you determine what you are entitled to before agreeing to any settlement or signing any documents. We can also represent you in dealing with your insurance company and any additional parties that might be involved.
“No lawyer was willing to help me, but Dewey, Ramsay & Hunt showed up and showed out. Not only did this law firm keep me up to date with what was going on with my case, but when I felt down or needed to vent, they listened.”- Sharon