North Carolina Car Accident Fault Laws

To determine who’s at fault for a car accident, law enforcement, insurance adjusters, accident reconstruction engineers and legal professionals must conduct investigations into the circumstances surrounding the crash. That process may look like this:

• Law enforcement – After police respond to the scene, they’ll prepare an accident report that includes their observations, witness statements, and any citations issued. While they may make an initial determination of fault, the insurance companies involved will do their own investigations. The police officer’s determination of fault is persuasive to many insurance adjusters, but those adjusters are free to disagree. In fact, the police officer’s determination of fault is not usually admissible into evidence in a trial. The officer’s investigation, such as witness interviews, the officer’s observations, and any measurements they took, are usually admissible in a trial.
• Insurance adjusters – Insurance companies will then request pictures, medical records, and repair estimates to conduct their own review and evaluate the car accident claim. In some cases, they may also interview witnesses or consult accident reconstruction experts for further insight.
• Injury lawyers – When injured victims retain North Carolina car accident lawyers, those attorneys will gather similar types of evidence. They may also try to access surveillance footage, cell phone records, or black box data from the vehicles involved. Their goal is to establish a clear picture of what happened and who was responsible. The lawyer will often use experts, such as accident reconstruction engineers, to help get to the truth.

After considering all the evidence, the insurance company will determine to what degree each involved party’s actions contributed to the collision. If their assessment isn’t fair, your attorney can show them evidence that may make them change their minds. If all else fails, the lawyer may take the case to trial for the court to decide. Your attorney can use the evidence they have gathered to present a strong case showing the other side is fully responsible for the crash and your resulting losses.

What Compensation Can You Get from the At-Fault Party?

If someone else is entirely responsible for your car accident, you may be entitled to seek compensation from the at-fault party’s liability insurance for a range of economic and non-economic losses, including:

• Past and future medical expenses
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Reduced quality of life
• Property damage

The liability insurance company will not pay more than the limit of the policy the other driver purchased. That is why it is important to buy as much underinsured coverage as possible from your insurance agent.

What Is the Statute of Limitations in North Carolina?

In most North Carolina car accident cases, you have three years from the date of the crash to file a personal injury lawsuit under N.C.G.S. § 1-52 – with some exceptions.

Key details regarding the North Carolina statute of limitations include:

• Property damage – The three-year limit also generally applies to vehicle damage.
• Wrongful death – Claims must be filed within two years of the date of death under C.G.S. § 1-53.
• Minors – The three-year statute of limitations for injured minors does not begin until they turn 18. The parents’ statute of limitations is three years if they are responsible for the child’s medical bills.
• Other states – If the accident happens in another state, that state’s statute of limitations will apply. Some neighboring states have statute of limitations as short as one year.
• Consequence – Failure to file within this period usually results in the court dismissing the case.

Because missing these deadlines can permanently bar you from pursuing compensation, it’s important to consult an experienced attorney as soon as possible after a crash to protect your rights and preserve critical evidence. The rules of ethics that apply to North Carolina lawyers requires them to adequately investigate a case before filing suit. For that reason, do not wait two years and 11 months to contact an attorney. They may reject the case because they do not have enough time to adequately investigate it.