Collisions involving a car rear-ending another vehicle are the most common type of car accidents in the United States. According to WCNC, Charlotte’s high incidence of car accidents is the reason North Carolina is one of the states with the highest frequency of car accidents. In 2017, Charlotte reported 71 fatal crashes that killed 74 people in contrast to 53 fatal in 2016. Between January and June 2018, Charlotte reported 35 deadly accidents.
Life-threatening and severe injuries can occur after rear-ending collisions. Sometimes drivers are killed or end up suffering serious disabilities. There is a well-known presumption among North Carolinians that rear-end car accidents are always the fault of the driver who rear-ended the car in front. However, this is not always the case. While most of these collisions are usually the result of an error or oversight, there are also instances when the driver of the car hit from behind bears fault. There are also situations when mechanical and road defects can cause a vehicle to stop abruptly. Rear-end collisions are also known for causing disastrous chain-reaction and pileup crashes. With the right legal representative, you should be able to fight for your rights in these complicated scenarios and seek adequate compensation for your injuries.
If you or someone you know has been the victim of a rear-end car accident in Charlotte, N.C., you should contact the team of attorneys at Dewey, Ramsay, and Hunt, P.A. They have the knowledge and resources needed to help you pursue all the causes of action available in your case. They are dedicated and have an unwavering commitment to helping their clients obtain adequate financial compensation for their injuries. To schedule a free, confidential, and prompt consultation with one of our qualified attorneys, call us at (704) 377-3737.
Most Common Injuries After Rear-End Collisions
Rear-end accidents can have tragic and deadly consequences. The health consequences usually have a long-term impact. The following are some of the most common injuries known for causing significant health problems after rear-ending collisions:
- Neck injuries
- Back injuries
- Brain injuries
- Spinal injuries
Deadline to File a Personal Injury Lawsuit in North Carolina
With the prospect of a lifetime of dealing with the ramifications of these injuries, you need to consider that timing is of the essence when filing a civil lawsuit in North Carolina. Many of these injuries need care over time, and these expenses can become a burden in your life. If you wait longer than three years, you will not be able to file a lawsuit to seek recovery for your injuries. If your doctor is unable to guarantee full recovery within a short period, you should talk to an attorney who can help you ascertain the most effective strategy to obtain the compensation you will need to pay your medical costs over time.
Contributory Negligence in North Carolina
North Carolina follows the doctrine of contributory negligence, barring the individual or plaintiff who initiates the civil lawsuit from legal recovery if the facts demonstrate he or she is responsible for causing the accident. Contributorily negligent drivers who fail to exercise the care of a prudent person will receive no financial recovery for his or her injuries in North Carolina. Even if you are only one percent at fault, financial recovery will be prohibited. However, under this doctrine, the cause of the accident has to be narrowed down to the plaintiff’s actions. For example, if the plaintiff was speeding and got into a motor vehicle accident, but it was not the speeding that caused the rear-end collision, then there is no bar on the claim for recovery because the crash was not due to the plaintiff’s negligence.
Causation of accidents can turn into a complex legal concept because so many factors contribute to car accidents. Our team of attorneys is experienced in reviewing crash site analysis and police reports and will retain respectable and reliable experts who understand the complexities of determining the cause of an accident. Through our decades of representing victims of car crashes, we have developed a solid understanding of crash analysis, accident reconstruction, vehicle crashworthiness, and other areas relevant to rear-end accidents.
Last Clear Chance Doctrine in North Carolina
North Carolina law has a defense to contributory negligence, commonly referred to as the “last clear chance doctrine.” Under this doctrine, the plaintiff can receive full recovery for the injuries if, when the accident occurred, he or she was in a position of peril (or danger) and could not avoid the collision. If the other driver had an opportunity to prevent the accident, then the contributory negligence defense will not bar recovery for the plaintiff.
Fault Insurance Laws in North Carolina
North Carolina car insurance “fault” laws allow claims for various types of losses. These losses are usually called “damages.” You can file an insurance claim in North Carolina for medical expenses as well as economic and non-economic damages, such as physical pain and emotional suffering. With an attorney who understands the intricacies of damage quantification on your side, you stand a better chance in receiving the best recovery possible. Our skilled team of attorneys has years of experience in handling damage negotiations, and we will fight for your rights. Alternatively, if the determination of the insurance company regarding damages is insufficient, we will guide you through the process of filing a civil lawsuit.
Rear-End North Carolina Accident Lawyer You Can Rely On
Anyone hurt in a rear-end collision feels life has changed in an instant. Attorneys at Dewey, Ramsay, and Hunt P.A. are available to help you restore some peace of mind knowing you will receive compensation for your medical expenses and your pain and suffering. We are compassionate and relentless when it comes to helping our clients. To schedule a consultation, call us at (704) 377-3737.