Getting rear-ended in a car accident can shake you up. Your neck may hurt, your car may need repairs, and you may worry about how you will pay medical bills while you miss work.
If another driver caused the crash, a rear-end car accident lawyer at Younce, Vtipil, Baznik & Banks can help you seek fair compensation for your medical bills, lost income, and other losses.
Our Raleigh law firm has over 100 years of combined experience handling motor vehicle claims, including rear-end accidents, throughout North Carolina. We understand how confusing this process can feel, especially with North Carolina’s strict rules about shared fault. Our team is ready to fight for your right to full compensation for your injuries.
Call us today for a free case evaluation with a licensed North Carolina attorney.
How Does North Carolina’s Pure Contributory Negligence Rule Apply to Rear-End Accidents?
North Carolina is one of only a few states that still follows a rule called pure contributory negligence (North Carolina Pattern Jury Instruction, Motor Vehicle Volume 104.10). Under this system, if the insurance company can show that you share any degree of fault for the crash, you could lose your right to recover compensation entirely, even if the other driver was mostly to blame.
This rule makes rear-end accidents more complicated than many people expect. Insurance companies often look for any reason to argue that you played a role in causing the crash, such as claiming you stopped suddenly without cause or had a broken brake light. Even a small detail can become the basis for an insurer to deny your entire claim.
When you work with our experienced rear-end car accident lawyers, we can help you gather strong evidence that places fault where it belongs. Our attorneys know how insurance adjusters build these arguments and can work to counter them with police reports, photos, witness statements, and other proof that supports your version of events.
What Is the Last Clear Chance Doctrine in North Carolina?
North Carolina courts recognize a few exceptions to the contributory negligence rule, one of which is the last clear chance doctrine (North Carolina Pattern Jury Instruction, Motor Vehicle Volume 105.15). This doctrine can allow you to recover compensation even if you played some role in contributing to the crash as long as your facts meet all of the criteria to apply the doctrine.
To use this doctrine, your rear-end car accident lawyer generally must show that:
- You were in a position of danger you could not reasonably escape,
- The other driver knew or should have known about that danger,
- The other driver had the time and means to avoid injuring you and failed to do so, and
- That failure was a proximate cause of your injuries.
This doctrine exists to soften the harsh results that can come from North Carolina’s contributory negligence rule.
Determining Liability in a Rear-End Car Accident
With the NC contributory negligence law in mind, accurately determining who is at fault in a rear-end accident is crucial to protect your personal injury claim.
Many people assume that the trailing driver always causes a rear-end accident. After all, drivers have a duty to leave enough space between vehicles and stay alert for sudden stops.
Under North Carolina law, following another vehicle too closely for the road and traffic conditions counts as a traffic violation (N.C.G.S. § 20-152). This means the trailing driver typically bears fault for a rear-end crash.
For instance, a negligent following driver may cause a rear-end accident by tailgating, driving while distracted, speeding, or driving under the influence.
However, other parties can be at fault for a rear-end collision, including:
- The lead driver, if they stopped suddenly without reason, reversed unexpectedly, or cut off traffic during an unsafe lane change
- A distracted pedestrian, if they unlawfully stepped into the road without warning, forcing the driver ahead to stop suddenly
- A vehicle manufacturer, if a defective part, such as faulty brakes or taillights, played a role in the crash
- A government agency, if poor road maintenance or unaddressed hazards contributed to the crash
Available Compensation After a Rear-End Collision
If another driver is entirely at fault for the crash that injured you, you may be entitled to compensation for several types of losses. A rear-end accident settlement can include damages for:
- Medical expenses, including hospital bills, doctor visits, physical therapy, and any future care you may need for your injuries
- Lost wages from work that you missed while recovering
- Reduced earning capacity to account for any long-term loss in your ability to earn money
- Pain and suffering, including the physical pain you have experienced and the emotional toll the crash has taken on your daily life
- Property damage, such as vehicle repair or replacement costs
The value of a rear-end accident claim depends on factors like the severity of your injuries, how the crash has affected your daily life, and the strength of the evidence your attorney gathers. Our rear-end car accident lawyers will work to account for every loss you have suffered, both now and in the future.
How Long Do You Have to File a Rear-End Car Accident Claim?
North Carolina law generally gives you three years from the date of your crash to file a personal injury lawsuit for a rear-end accident, with some exceptions (N.C.G.S. § 1-52).
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 statutes of limitations as short as one year.
You may think you have plenty of time, but the evidence you need can disappear more quickly than you might realize. If you miss the deadline, the court will likely refuse to hear your case, and you could lose your right to recover financial compensation altogether. Plus, many attorneys may not be willing to take your case for liability reasons if you’re too close to the statute of limitations.
The sooner you speak with a rear-end car accident lawyer, the sooner our team can start preserving evidence and building your claim.
How Our Raleigh Rear-End Accident Lawyers Can Help You
After a rear-end crash, you should not have to fight the insurance company alone while you recover from your injuries. Our rear-end collision lawyers will take on the legal work so you can focus on healing. We can review the facts of your crash, explain your legal options in plain language, and build a case designed to demand the money you are owed by law.
Here is how our team can help you after a rear-end collision:
- Investigating the crash scene – We may gather police reports, photos, dashcam and security footage, witness statements, and any other available evidence to build a strong record of what happened.
- Handling calls with the insurance company – Our team will manage all communication with adjusters so they cannot pressure you into an early, low settlement offer.
- Estimating a fair settlement value – We can review your medical bills, lost income, and other losses to seek compensation that reflects the true cost of your car crash.
- Demanding full and fair compensation – Our attorneys can work to negotiate a rear-end accident settlement, as well as get your case ready for court if necessary.
Why Choose Younce, Vtipil, Baznik & Banks for Your Rear-End Accident Claim?
You have many choices when you look for a rear-end car accident lawyer. Here is what sets our firm apart:
- Over 100 years of combined experience – Our attorneys have spent decades handling car accident claims throughout North Carolina.
- More than $150 million recovered for injured clients – Our results show that we know how to build strong cases and negotiate fair settlements.*
- A dedicated attorney for your entire case – The lawyer you start with will stay with you from your first call through the final resolution of your claim.
- English- and Spanish-speaking staff members – We can communicate with you and your family in the language you feel most comfortable using.
- Direct access to a licensed attorney – You will speak with a North Carolina attorney about your case rather than an intake worker.
- Financial strength to take on large insurance companies – Our firm has the resources to stand up to major insurers and take your case to trial if necessary.
Many of our clients come to us because a friend or family member referred them after we helped with their own case. Our attorneys and staff members build lasting relationships, and many have worked at our firm for over 20 years.
But don’t just take our word for it. Here’s just one of the glowing testimonials our firm has been proud to receive:
“This was my first time using an attorney for an accident. I’m glad I chose Attorney David Vtipil to represent me, along with his secretary Carmella and the rest of the Younce, Vtipil, Baznik & Banks team. They made the process clear, and were very professional. Thank you all so much!” – Wanda Phillips
Call Our Rear-End Car Accident Lawyers in Raleigh, NC Today for Help
If you were rear-ended in a car accident, you should not have to deal with medical bills, lost income, and insurance companies on your own. The team at Younce, Vtipil, Baznik & Banks in Raleigh will work to protect your rights under North Carolina law and fight for the compensation you deserve.
Contact our firm today for a free consultation with an experienced car accident attorney.
*Each case is unique, and past results do not guarantee future outcomes.
