Car Accident Laws in North Carolina
There were 1,784 people killed in car accidents in North Carolina in 2022, according to the N.C. Division of Motor Vehicles. Nearly a quarter of the year’s fatal accidents were related to speeding.
If a loved one of yours died in a car accident someone else caused, you may have a legal right to seek compensation for medical bills, funeral expenses, and lost income because of your family member’s wrongful death. It’s important to understand your rights after an accident. Our compassionate attorneys at Hardison & Cochran can discuss a potential personal injury claim or wrongful death claim with you.
Our attorneys can review the circumstances of your accident during a free consultation and explain your legal options. If we handle your case, our law firm will work on a contingency fee basis. We will only charge an attorney’s fee if we recover compensation for you. If we cannot recover compensation for you, we will not charge for our legal representation. Contact us today for your free initial consultation.
North Carolina’s Contributory Negligence Rule
In wrongful death and personal injury claims, an individual who has harmed someone else through negligence, recklessness, or a criminal act may be held financially accountable and required to compensate those who they have injured.
Under the doctrine of contributory negligence, the injured party is barred from recovering compensation if they also contributed to their injury. If they are to blame for the accident in any way, they cannot collect compensation for their injuries.
Only four states — North Carolina, Alabama, Maryland, and Virginia — recognize what’s sometimes called a pure contributory negligence rule.
In a jury trial after a North Carolina car accident, attorneys for the defendant would seek to persuade the jury that the plaintiff did something to contribute to the accident and/or their injury. If the plaintiff was speeding when the car accident occurred, the at fault driver could argue that the cars would not have met if the plaintiff had been following the posted speed limit.
An exception to the comparative negligence rule is the “last clear chance doctrine.” This doctrine allows an injured party who was partly at fault to seek monetary compensation if the other party (the defendant) had the last chance to avoid causing the accident and failed to do so.
Another exception applies when the at-fault driver’s actions were willful and wanton, such as drunk driving with an excessive blood alcohol concentration.
The contributory negligence rule applies when a personal injury case is tried and the jury renders a verdict. It is not as formally applied in negotiations with an insurance company after a car accident.
In negotiations or in court, an experienced attorney with Hardison & Cochran attorney will work to rebut any evidence that your actions in any way contributed to the accident. If we do not believe we can overcome evidence of your negligence, we will explain to you why we are declining to pursue your claim.
Other Important Laws and Regulations in North Carolina
A driver has certain legal duties after being in a car accident. North Carolina law requires that a driver involved in a serious accident to:
- Stop at the scene of the crash if someone has been seriously injured or killed.
- Provide reasonable assistance to any injured person, such as by calling an ambulance.
Failing to do the above may result in the loss of your driver’s license for a year or more.
- Remain at the scene of the crash until a law enforcement officer completes their investigation or authorizes the driver to leave.
- Give their name, address, driver’s license number, and driver’s insurance company to the other drivers and passengers involved in the accident.
- Car owners in North Carolina are required under N.C.G.S. § 20‑279.21 to maintain auto liability insurance coverage worth at least:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury, and
- $25,000 per accident for property damage.
As of January 1, 2025, North Carolina’s minimum liability coverage requirement will increase to:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury, and
- $50,000 per accident for property damage.
If you have a personal injury or wrongful death claim arising from a car accident, N.C.G.S. § 1-52 and N.C.G.S. § 1-53 provide a limited time to file a lawsuit.
In most cases, North Carolina’s personal injury statute of limitations bars filing lawsuits after three years from the date of the injury. The representative of the estate of an individual killed in a car accident typically has two years from the date of death to file a wrongful death lawsuit in North Carolina. In certain cases, more time may be allowed to file a personal injury or wrongful death lawsuit.
Contact Our Raleigh, NC Car Accident Lawyers
If you’ve been injured or lost a loved one in a car accident caused by someone else’s negligence in North Carolina, contact an experienced car accident lawyer at Hardison & Cochran to discuss your legal rights. Phone 800-434-8399 or fill out our online contact form to set up a free consultation. There’s never a legal fee unless we recover compensation for you.
