Vehicle Injury and Car Crash Claims
Traffic accidents happen all the time, and most often result in some amount of injury and financial loss. Under North Carolina law, if you have sustained injuries or financial loss from a motor accident that was not your fault, you have the right to recover the damages. These damages tend to at least include easily quantifiable losses like medical bills and wage loss due to injury. They can also include compensation for less concrete aspects such as pain and suffering or to further punish the negligent driver.
In most vehicle accident cases, you would be filing a personal injury claim with the insurance company of the person responsible for the accident. While the insurance adjuster reviewing your claim will likely portray themselves as helpful and friendly, their job is pay out the minimum amount to you. We highly recommend that you hire an experienced personal injury attorney to make sure your rights are protected, and you are compensated fairly and adequately for your losses.
Types of Vehicle Injury Cases
Most vehicle accident personal injury claims involve a person who caused you injury to yourself or property because of their negligence, recklessness, or an intentional act. While in some cases it may seem very clear who was responsible for the crash and injury, including criminal negligence or recklessness cases like DWI accidents, determining who was liable can be complicated. This is especially the case in North Carolina, which is unfortunately a contributory negligence state. Under contributory negligence law, t if the insurance company can show that you were at fault, even in the smallest insignificant degree, they could potentially back out on paying any compensation. This makes it all the more important that you hire a lawyer quickly to prevent yourself from accidently admitting or suggesting any amount of personal liability that could hurt your case. Accident claims that typically involve insurance companies include:
- Collisions resulting from negligence (e.g. failure to yield, not using a blinker)
- Collisions resulting from recklessness (e.g. racing, DWI, excessive speeding, texting while driving)
- Hit and Run (leaving the scene of the incident)
- Bicycle rider or pedestrian injuries
There are also accident claims that can fall under product liability issues, where your vehicle’s safety mechanisms have failed or were defective despite your diligence to have them checked. These kinds of claims require an evaluation of your vehicle, whatever maintenance you’ve had performed on it, among other things. While the approach is different and requires some more expertise on vehicle safety, an experienced lawyer in motor vehicle personal injury claims should have relationships with expert contacts to help evaluate and support your claim.
Vehicle Accidents in a Ride-share or Taxi
Making a personal injury claim for a vehicle accident involving a driver of a ride-share vehicle (e.g. Uber and Lyft) or a taxi is not much different than any other vehicle injury claim. That being said, who is liable for injury caused can get a little more confusing, as there can be a mix of insurance providers involved. For ride-share in particular, the drivers are typically covered under a different set of policies when they are working as drivers (i.e. their ride-share app has them registered in “driver mode”) as opposed to when they are using their vehicle like any other person. In the latter case, the claims should just involve the driver’s regular insurance. In the former case, claims will likely involve contacting the ride-share company and their insurance. An experienced vehicle injury lawyer can help you understand the ride-share’s specific insurance policy and how to get the fairest compensation from them.
Why Hire a Personal Injury Attorney?
The attorneys at Tarlton Polk have handled many car accident personal injury lawsuits and helped clients win excellent settlements. We accomplish this by knowing the ins and outs of tactics insurance companies and any other parties involved in filing these claims. As a personal injury and criminal defense firm, we are experts on criminal traffic proceedings and how criminal proceedings carry into civil ones. We retain relationships with varied experts that may be relevant to your case, such as medical experts, mechanics, law enforcement and vocational experts who can vouch for the various aspects of the damages you have or are facing.