Lewis & Keller Injury Lawyers has released a legal guide for North Carolina drivers involved in auto accidents, aiming to help victims navigate the complex legal landscape and avoid common mistakes that could jeopardize their claims.
The guide comes in response to North Carolina's unique legal doctrine of contributory negligence, one of only a few states that apply this rule. Under this doctrine, if an injured driver is found even partially at fault for a collision, insurance companies may deny compensation entirely. This makes the quality of evidence and statements provided shortly after the accident critical to the outcome of any claim.
The guide outlines essential steps for drivers to take following a collision. First, securing the scene is paramount. Drivers should move vehicles out of traffic when possible and call 911 so that law enforcement and emergency medical services can respond. The responding officers will complete an official North Carolina Crash Report (Form DMV-349), which serves as documented evidence during liability reviews.
Next, obtaining prompt medical evaluation is crucial, even if injuries do not appear immediately. Conditions such as whiplash, soft-tissue damage, internal bruising, or concussions can develop later. A medical record linking injuries to the crash is essential for any claim.
The guide also advises drivers to gather on-scene evidence, including photographs and videos of vehicle damage, debris, skid marks, road conditions, traffic signals, and visible injuries. Exchanging contact and insurance information with all involved motorists and obtaining contact details from eyewitnesses is also recommended.
Drivers are cautioned to be careful with insurance adjusters. Other parties' insurance representatives may contact victims shortly after the accident to request recorded statements or offer early settlements. These early offers may not reflect future medical expenses or lost income. The guide suggests consulting an attorney before agreeing to recorded statements or signing settlement releases.
Finally, consulting a personal injury attorney is recommended to manage insurance claims, statutory deadlines, and contributory negligence rules. An attorney can help preserve evidence, manage communications with insurers, and pursue appropriate compensation.
Lewis & Keller Injury Lawyers, with offices in Winston-Salem and Greensboro, serves the Piedmont Triad region. The firm encourages drivers to keep legal contact information in their vehicles and share these steps with family members. They offer case evaluations to assist accident victims in understanding their rights and legal options.
