Car Accident Laws in Mooresville, North Carolina
One of the first things you need to do if you have been involved in a car accident is to contact a car accident lawyer. An automobile accident attorney will be able to tell you what your rights are under the law and how to proceed with your claim.
The laws surrounding vehicle accidents can be very complex and confusing, so it is important that you have an experienced lawyer on your side.
At-Fault Insurance in Mooresville Car Accidents
North Carolina is an at-fault insurance state. This means that the driver responsible for the accident is also liable for the damages caused.
Contributory Negligence in Mooresville Car Accident Cases
In Mooresville, North Carolina, and across the state, contributory negligence law will apply to your car accident case. This means that if you are found to be even partially at fault for the accident, you would not be able to recover any damages from the other driver.
For example, if you were at an intersection and saw another driver running the stop sign, yet you still proceeded to go through the intersection and hit the other driver, even though you had plenty of time to stop to avoid the crash and the right of way, you could not make a claim against the other driver.
This is why it is so important to have an experienced car accident lawyer on your side who can help you navigate the complex laws surrounding auto accidents.
Elements of Negligence in Mooresville Car Accident Cases
To succeed in a car accident case, you must prove that the other driver was negligent. Negligence is defined as the failure to use reasonable care, which results in injury or damage.
There are four elements that you must be able to prove to succeed in your car accident case:
The first element is duty. You must show that the other driver owed you a duty of care. For example, all drivers have a duty to drive safely and to follow the rules of the road.
Breach of Duty
The second element is breach of duty. You must show that the other driver breached their duty of care. For example, if the other driver was speeding or texting while driving, they would have breached their duty of care.
The third element is causation. You must show that the other driver’s breach of their duty of care caused your injuries. For example, if you were in a car accident and suffered a broken arm, you would need to show that the other driver’s breach of their duty of care caused your broken arm. A medical provider is needed in order to link causation to the car accident. That means that your doctor must reflect in their records that your injuries were caused by the car accident.
The fourth and final element is damages. You must be able to show that you suffered damages due to the other driver’s negligence. For example, if you suffered a broken arm in a car accident, you would be able to recover damages for your medical bills and lost wages for the time your injuries prevented you from working.
Statute of Limitations in Mooresville, NC Car Accident Cases
It is important to note that there is a statute of limitations in Mooresville, North Carolina, for car accident cases. This means you only have a certain amount of time to file your claim. The statute of limitations in North Carolina is three years from the date of the accident in most cases. However, there are exceptions.
If you do not settle or file a lawsuit within three years of the date of the accident, you will not be able to recover any damages. So, if you have been involved in a car accident, it is important that you contact a car accident lawyer as soon as possible to discuss your case, including the statute of limitations.
How Much Does a Mooresville, NC Car Accident Lawyer Cost?
Most car accident lawyers work on a contingency fee basis, which means that they will only get paid if they can recover damages for you. Contingency fees are typically a percentage of the total amount of damages recovered.
So, if you recover $100,000 in damages, the lawyer would get paid a percentage of that, and you would get to keep the rest after paying any expenses incurred in bringing your claim, medical providers with a valid lien or any healthcare plans with a right of reimbursement. The exact percentage will vary depending on the lawyer you hire.
The best way to determine how much it will cost to hire a car accident lawyer is to schedule a free consultation. During the consultation, the lawyer will evaluate your case and estimate how much it will cost to hire them.
What Should I Do After a Car Accident in Mooresville?
If you have been involved in a car accident, it is important that you take the following steps:
- Get medical attention as soon as possible. Even if you don’t think you are injured, it is important to get checked out by a doctor.
- Do not leave the accident scene.
- Call the police and file a report.
- Get the contact information of any witnesses to the accident.
- Take pictures of the accident scene, your injuries, and any damage to all vehicles involved.
- Contact a car accident lawyer as soon as possible to discuss your case.
- Do not give a statement to the other driver’s insurance company.
- Do not sign any documents without first consulting with an attorney.
When Should I Hire a Lawyer?
Ideally, you should hire a lawyer as soon as possible after the accident. This will allow them to start working on your case right away, and they will be able to preserve any evidence. If you wait too long to hire a lawyer, recovering damages may be more difficult as evidence may be lost.
Compensation You Can Recover After an Auto Accident in Mooresville, NC
The amount of compensation you can recover after a car crash will depend on the severity of your injuries and the amount of damages you have incurred. Some of the types of compensation you may be able to recover include:
Economic damages are those that have a specific monetary value attached to them. This would include:
- Medical expenses
- Lost wages
- Property damage
Non-economic damages do not have a specific monetary value attached to them. This would include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages are available in rare cases and are designed to punish the at-fault driver for their actions. To recover punitive damages, you must prove more than mere negligence. You must prove that the at-fault driver acted wantonly or recklessly.
Wrongful Death Damages
If you have lost a loved one in a car accident, you may be able to recover wrongful death damages. These damages are available to the surviving spouse, children, or parents of the deceased.
To recover these damages, you will need to prove that the at-fault driver was negligent and that their negligence led to the death of your loved one.
How Much is My Claim Worth?
The value of your claim will depend on several factors, including:
- The severity of your injuries
- The amount of economic damages you have incurred
- The amount of non-economic damages you have incurred
- Whether or not punitive damages are available in your case
If you have lost a loved one in the accident, the value of your wrongful death claim will depend on several factors, including:
- The age of the deceased
- Their relationship to you
- Your financial dependence on the deceased
- The value of their lost earnings
To estimate how much your claim may be worth, it is best to speak with an experienced car accident lawyer.
How Our Mooresville Car Accident Lawyers Can Help You
At The Law Offices of Jason E. Taylor, our experienced auto accident attorneys will fight for you to get the compensation you deserve. We will work with you every step of the way to make sure that you are taken care of and that your rights are protected. We will:
Investigate the Case
We will conduct a thorough investigation of the accident to gather all of the evidence we need to establish a strong case on your behalf.
We will gather all of the evidence we need to prove that you were injured in the accident and that you are entitled to compensation.
Calculate Your Damages
We will work with experts to calculate the full extent of your damages to get you the maximum amount of compensation possible.
Negotiate with the Insurance Company
We will negotiate with the insurance company on your behalf to obtain fair compensation for you. If they are unwilling to settle, we will take them to court.
Contact our Mooresville Car Accident Attorneys
If you’ve been injured in a car accident, don’t hesitate to contact our car accident lawyers for help.
Our law firm understands that this time may be difficult for you and your family, and we are here to assist you with your claim. We take on insurance companies and negotiate with them to ensure that you receive fair treatment. We are also not afraid to go to trial when it’s in our client’s best interest.
Contact our Mooresville car accident lawyers today for a free consultation and learn more about what we can do to support you.