Lewis & Keller Injury Lawyers, a personal injury law firm serving Winston-Salem, Greensboro, and the Piedmont Triad, has published a comprehensive legal guide for North Carolina drivers involved in motor vehicle collisions. The guide aims to help crash victims avoid common legal pitfalls and navigate the complex aftermath of an accident, particularly given the state's strict contributory negligence doctrine.
North Carolina is one of the few states that follow the legal principle of contributory negligence. Under this rule, if an injured driver is found to be even partially at fault for a collision, insurance companies may deny financial compensation entirely. This makes the evidence collected at the accident scene and statements made shortly afterward critical to the outcome of personal injury and vehicle damage claims.
The guide outlines several key steps for drivers to take following a traffic collision. First, securing the scene and requesting emergency services is crucial. Drivers should prioritize safety by moving vehicles out of active traffic lanes when possible and calling 911 to ensure law enforcement and medical personnel respond promptly. An official North Carolina Crash Report (Form DMV-349) completed by responding officers serves as documented evidence during liability reviews.
Second, obtaining prompt medical evaluation is essential, even if injuries do not appear immediate. Conditions such as whiplash, soft-tissue damage, internal bruising, or concussions can develop later. Visiting an emergency room or urgent care clinic provides a medical record linking injuries to the crash, which is vital for any future claim.
Third, gathering on-scene evidence is recommended. If safe, drivers should use a smartphone to photograph and record video of vehicle damage, physical debris, skid marks, road surface conditions, traffic signals, and visible injuries. Exchanging contact and insurance information with all motorists involved, as well as obtaining contact details from eyewitnesses, is also important.
Fourth, exercising caution with insurance adjusters is advised. Insurance representatives from other parties may contact victims shortly after a collision to request recorded statements or offer early settlement payments. The guide suggests that victims can choose to consult an attorney before agreeing to recorded statements or signing settlement releases, as early offers may not reflect future medical expenses or lost income.
Finally, consulting a personal injury attorney is recommended. Managing insurance claims, statutory deadlines, and contributory negligence rules involves complex legal procedures. An attorney can help preserve physical evidence, manage communications with insurers, and pursue appropriate compensation.
The firm encourages North Carolina drivers to keep legal contact information in their vehicles and share these safety steps with family members. Lewis & Keller provides case evaluations to assist accident victims in understanding their rights and evaluating legal options.
This guide underscores the importance of knowing one's rights and the legal landscape in North Carolina, where the contributory negligence rule can have severe consequences. By following these steps, accident victims can better protect their health and their legal claims.
