In the aftermath of a car accident, victims in North Carolina face a complex legal landscape shaped by the state's contributory negligence doctrine. To assist drivers, Lewis & Keller Injury Lawyers has released a comprehensive legal guide detailing essential steps to take following a collision. This resource aims to help accident victims avoid common pitfalls and protect their rights.
North Carolina is one of the few states that adhere to contributory negligence, a legal standard that bars injured drivers from recovering compensation if they are found even partially at fault. Consequently, the evidence gathered at the scene and the statements made shortly after the accident can significantly influence the outcome of any claim. The guide stresses the importance of immediate and careful actions to preserve evidence and establish liability.
The first step is to secure the scene and request emergency services. Drivers should move vehicles out of traffic when possible and call 911 to ensure law enforcement and medical personnel respond. The official North Carolina Crash Report (Form DMV-349) completed by officers serves as critical documented evidence during liability reviews.
Prompt medical evaluation is also emphasized, as injuries such as whiplash, soft-tissue damage, or concussions may not manifest immediately. Visiting an emergency room or urgent care creates a medical record linking injuries to the crash, which is vital for any claim.
Gathering on-scene evidence is another key recommendation. If safe, drivers should photograph and record vehicle damage, debris, skid marks, road conditions, traffic signals, and visible injuries. Exchanging contact and insurance information with all involved parties and obtaining eyewitness contact details are also crucial steps.
The guide warns about interactions with insurance adjusters, who may contact victims soon after the accident to request recorded statements or offer quick settlements. These early offers may not account for future medical expenses or lost income. Victims are advised to consult an attorney before agreeing to any recorded statements or signing settlement releases.
Given the complexities of insurance claims, statutory deadlines, and contributory negligence, the guide recommends consulting a personal injury attorney. Legal representation helps preserve evidence, manage communications with insurers, and pursue appropriate compensation.
Lewis & Keller Injury Lawyers, a firm with offices in Winston-Salem and Greensboro, serves clients across the Piedmont Triad. The firm encourages drivers to keep legal contact information in their vehicles and to share these safety steps with family members. They offer case evaluations to help accident victims understand their rights and legal options.
For decades, Lewis & Keller has advocated for injured individuals and disabled workers, with a practice covering personal injury, auto and commercial truck accidents, workers' compensation, Social Security Disability, and eminent domain. Operating on a contingency fee basis, the firm ensures clients pay no legal fees unless compensation is recovered.
