Auto Accidents

Matthews North Carolina personal injury and auto accident attorneys and Charlotte North Carolina personal injury and auto accident and car accident and motorcycle accident attorneys.

Learn on what to do and what not to do when you or someone you know is involved in an auto accident in Charlotte and surrounding areas.

Car accident law is a subset of personal injury law dealing with bodily injuries and property damages that generally result from motor vehicle accidents.

Personal injury law and, specifically, auto accident law revolves around determining negligence and liability of an at-fault driver, also known as tortfeaser.

Auto Accidents

A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, truck accident, automobile accident, Road Traffic Collision (RTC), car crash, or car smash occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Traffic collisions may result in injury, death and property damage.

Car accident law is a subset of personal injury law dealing with bodily injuries and property damages that generally result from motor vehicle or truck accidents.

Personal injury law and, specifically, auto accident law revolves around determining negligence and liability of an at-fault driver, also known as tortfeaser.

North Carolina generally follows the traditional common law rules of negligence.

In addition, North Carolina is one of very few states that adhere to the contributory negligence doctrine, which can be a complete bar to any recovery.

Negligence in Auto Accidents

Negligence, essential to liability for unintentional injury is an outgrowth of the action of trespass on the case and does not include any harms that are intentionally caused.

Fundamentally negligence consists of four elements:

first, a duty imposed on defendant by law to conform to a certain standard of conduct in respect of the interests of the others (e.g. obeying the traffic laws and complying with all laws and regulations);
second, breach of that duty;
third, an injury or damages to the plaintiff;
and fourth, a sufficient factual and legal connection between the defendant's breach of duty and the plaintiff's harm.

Even when there is an act or omission that fails to meet the care that a reasonable prudent person would use, the act or omission must be the proximate cause of plaintiff's injury.

In Clarke v. Holman the North Carolina Court ruled that if a person fails to exercise due care in the performance of a legal duty towards the injured person, but the breach of that duty is not a proximate cause of the injury, that person will not be held liable.

Negligence may be based upon conduct that amounts either to

acts of commission (when an actor is under a duty to act in a certain way or not to act at all) or
acts of omission (when an actor is under a duty to act or to act in a certain way).

Thus, failure to exercise due care may arise from either doing the wrong thing at the time and place in question or from doing nothing when a legal duty required an act.

Negligence can include various aspects like speeding or driving above a speed limit, running through a red light, driving and texting, failing to yield a right of way, failing to stop at a stop sign, aggressive driving, reckless driving or simple carelessness at any given moment.

Also, things like car lights being turned off during a night drive or failing to stop when a pedestrian is crossing the road may all be deemed as negligent.

Finally, a violation of statute can be regarded as negligence per se. However, these situations are limited to those when the statute in question creates a specific duty and prescribes a course of conduct for the protection of others.

Every person behind a wheel has a duty to act with care towards others so as not to harm or injure his passengers, other drivers, or anyone else on the road. In addition, in event of a crash, every person has a duty to stop and report the accident to authorities.

In cases where a driver is deemed to have breached his duty of care to others and, such breach has subsequently resulted in or has proximately caused injury or other damages, that driver can be found liable and can be legally held responsible for the car accident and any injuries or damages sustained by other parties at the time.

When the liability in the case is established, the injured individual may generally be entitled to receive compensation for injuries, medical expenses, damages, pain and suffering and lost earnings.

In addition, an injured person in North Carolina can recover damages for negligently inflicted emotional distress by showing that the other party was negligent and it was reasonably foreseeable that his or her conduct would cause severe emotional distress (often referred to as ‘mental anguish’), and that the conduct did in fact cause severe emotional distress.

Unfortunately an auto or vehicle accident can happen to anyone, we all depend on auto transport to some extent, so no matter how careful or responsible we may be, any of us can become involved in a car accident.

In fact, according to statistical studies published on www.nhtsa.gov there are over 30,000 fatalities each year caused by car accidents in the US. North Carolina has an above average fatality rate of 15.4 per 100,000 population compared to the US average of 12.25 per 100,000.

At Semirog Law we strive to help you obtain full compensation, as allowed by law, for all losses you suffered due to a motor vehicle accident.

Whether we are talking about light injuries and medical expense coverage or unfortunate accidents that result in serious and catastrophic losses, we are ready to fight for you to get you what you rightfully deserve.

There’s never an attorney fee unless we get a compensation for you!

- There is never a consultation fee;

- We are always available to answer your questions for FREE;

- It is our passion to help individuals and families who have been injured in accidents;

- However, we are just as passionate at fighting insurance companies on your behalf;

- If necessary, we will come to your home or hospital;

- We will help you with property damage and rental car issues.

In some cases you might be going up against an insurance company and their experienced lawyers. They may even tell you that you don’t really need a lawyer. It is because they don’t want a fair fight. It is very important for you to understand that you have legal rights that you may not be aware of or that you may unintentionally forfeit when not represented by a lawyer. It is crucial that you have professional legal representation.

The Insurance Research Council conducted a study and found that injured people recover 3 to 4 times more when they are represented by a lawyer. Even the insurance industry admits that it is smart to be represented by a qualified lawyer!