Kimberly D. Bishop

North Carolina is one of the four (Alabama, Maryland and Virginia) remaining contributory negligence states. This means that the victim must not be at fault in order to recover for their car accident injuries (NC is a no-fault state).

Contributory negligence often results in unfair outcomes for victims but is the law in our state. One exception to contributory negligence is the “last clear change doctrine”. The last clear chance doctrine can help victims if the at-fault party had the last opportunity to change course and avoid the injury.

If you have been injured in a car accident through no fault of your own, you can recover the costs of your missed time from work, medical expenses, and be compensated for your pain and suffering. Future medical expenses and lost wages should also be included if warranted.

Punitive damages are awarded to punish the at-fault party for egregiously wrongful acts. Drunk drivers who harm others while behind the wheel may be liable for punitive damages. However, simply causing an accident due to distracted driving may not rise to the level of “egregiously wrongful.”

How long after a car accident can you sue in North Carolina? NC has a three year statute… Read More

North Carolina is one of the four (Alabama, Maryland and Virginia) remaining contributory negligence states. This means that the victim must not be at fault in order to recover for their car accident injuries (NC is a no-fault state).

Contributory negligence often results in unfair outcomes for victims but is the law in our state. One exception to contributory negligence is the “last clear change doctrine”. The last clear chance doctrine can help victims if the at-fault party had the last opportunity to change course and avoid the injury.

If you have been injured in a car accident through no fault of your own, you can recover the costs of your missed time from work, medical expenses, and be compensated for your pain and suffering. Future medical expenses and lost wages should also be included if warranted.

Punitive damages are awarded to punish the at-fault party for egregiously wrongful acts. Drunk drivers who harm others while behind the wheel may be liable for punitive damages. However, simply causing an accident due to distracted driving may not rise to the level of “egregiously wrongful.”

How long after a car accident can you sue in North Carolina? NC has a three year statute of limitations from the date of injury. If your loved one was killed in the car accident, you have two years from the date of death to bring suit.

How is fault determined in a car accident in NC? After a car wreck, the police officer will usually cite the at-fault party and put a description of the accident on the bottom of the 2nd page of the accident report.

As a matter of course, it is difficult to get accident reports corrected. In some cases, no one receives a ticket, but it is still clear who is at fault. In other unfortunate cases, it’s difficult to tell who is at fault and this usually results in arbitration for property damage claims and litigation for those who seek compensation for injuries sustained.

If you were injured while at work in a motor vehicle accident, you could have an NC Workers’ Compensation case as well as a car accident claim.