In North Carolina, a driver who is even 1% at fault for a car accident can be barred from recovering any compensation. This strict legal doctrine, known as contributory negligence, makes it essential for accident victims to understand their rights and take immediate, decisive action. To address this, Lewis & Keller Injury Lawyers, a personal injury law firm serving the Piedmont Triad, has released a comprehensive legal guide outlining the essential steps to follow after a motor vehicle collision.
The guide underscores that North Carolina is one of the few states that still applies contributory negligence, a rule that insurance companies often use to deny claims. Therefore, the evidence collected at the scene and the statements made immediately after the crash can significantly impact the outcome of any personal injury or property damage claim.
The first step emphasized is securing the scene and requesting emergency services. Drivers should move vehicles out of traffic if possible and call 911 to ensure law enforcement and medical personnel respond. The official North Carolina Crash Report (Form DMV-349) completed by responding officers becomes a crucial piece of documented evidence during liability reviews.
Prompt medical evaluation is also critical. Even if injuries do not seem immediate, conditions like whiplash, soft-tissue damage, or concussions may develop later. Visiting an emergency room or urgent care clinic creates a medical record that links the injuries to the crash, which is vital for any claim.
The guide advises gathering on-scene evidence, including photographs and videos of vehicle damage, debris, skid marks, road conditions, traffic signals, and visible injuries. Victims should exchange contact and insurance information with all involved parties and obtain contact details from any eyewitnesses. This evidence can be indispensable in proving the other party's fault.
A key warning in the guide is to exercise caution with insurance adjusters. Representatives from other involved parties may contact victims shortly after a collision to request recorded statements or offer early settlements. These early offers often do not reflect future medical expenses or lost income. The guide recommends consulting an attorney before agreeing to any recorded statements or signing settlement releases.
Finally, the guide stresses the importance of consulting a personal injury attorney. Managing insurance claims, meeting statutory deadlines, and navigating contributory negligence rules are complex legal procedures. An attorney can help preserve evidence, manage communications with insurers, and pursue appropriate compensation.
The guide is part of Lewis & Keller's commitment to protecting victims across the Piedmont Triad. The firm encourages drivers to keep legal contact information in their vehicles and share these safety steps with family members. For those who have been in an accident, the firm offers case evaluations to help victims understand their rights and explore legal options.
Lewis & Keller Injury Lawyers, with offices in Winston-Salem and Greensboro, has a long history of advocating for injured individuals. Recognized by U.S. News & World Report / Best Lawyers, the firm handles personal injury, auto and commercial truck accidents, workers' compensation, Social Security Disability, and eminent domain cases. They operate on a contingency fee basis, meaning clients pay no legal fees unless compensation is recovered.
