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The Importance of Understanding the Legal Process
Car accidents are one of the leading causes of injury in America. Unfortunately, even the safest drivers can be involved in a collision due to other negligent motorists. Government data shows that rear-end accidents are the most common collisions, and these create unique problems. That’s why you should understand the legal steps after a rear-end collision in North Carolina.
This isn’t just an advisable step. The reality is that understanding the legal process following a collision could affect your life for years to come. What you do during this time will dictate whether you can pay your medical bills, the cost of your auto insurance, your financial stability, and even your ability to fully recover from injuries.
With so much at stake, taking appropriate legal action is critical.
Contact the Police
The first legal step after a rear-end collision in North Carolina — or any auto accident, for that matter — is to contact police. In our state, reporting an accident to authorities is a requirement if injury, death, or significant property damage has occurred. However, reporting the collision is ideal in most cases — just to establish a paper trail.
While contacting authorities may be the first legal step you take, it shouldn’t be the first thing you do. Start by making sure everyone is okay, and if possible, move to a location where there’s no danger (e.g., away from traffic). This is critical for your well-being and the well-being of your passengers and other involved motorists. If you are able to, take any photographs of the location of the vehicles, and damage to the vehicles as well prior to moving the vehicles if this can be done safely for the individuals involved.
Collect Information From the Other Driver
Not every legal step after a North Carolina rear-end collision will involve police or the courts. In fact, many of the steps you take are focused on simplifying the legal process later down the road. Collecting information from the other driver is one of these steps.
Regardless of whether the police are coming, make sure you get the contact, insurance, and vehicle information of the other driver.
Gathered contact information should include names, addresses, driver’s license numbers, license plate information, and phone numbers.
This step could arguably be taken before contacting the police, particularly if the crash is minor enough to require no police involvement. However, the primary focus is simply to make sure this step gets done.
Do Not Admit Any Level of Fault
If someone crashes into the back of your vehicle, it might seem clear to you that they’re at fault. In the majority of cases, you would be absolutely right. However, you still need to be exceptionally careful. That’s because North Carolina is a contributory negligence state. This means that any level of fault by an injury victim could disqualify them from seeking compensation.
Unfortunately, this is one of the most strict statutes in America for personal injury law. If you tell the police or the other driver that you may have applied the brakes too quickly, this could potentially serve as evidence of partial fault. Even if courts decide that you were only 1% at fault for an accident, this is enough to prevent any financial compensation on your part.
When you speak to the police, just focus on what you know: another driver rear-ended your vehicle.
Seek Medical Attention
Clearly, seeking medical attention isn’t a “legal step.” However, it’s another situation where your actions will greatly affect your legal rights later on. This step is essential for identifying and documenting any physical harm you suffered due to the other driver’s negligence.
Even if you don’t feel like you suffered serious injuries, seeking medical attention is still advisable. Many severe injuries do not show immediate symptoms, and seemingly minor harms can actually be indicative of much more serious issues.
Make sure you keep all records of your medical care — ranging from doctor’s instructions and prescriptions to medical bills and upfront payments.
Contact an Attorney
There will be some instances where accident victims don’t need an attorney. This is typically the case if minor property damage is the only result of a collision. However, parties to any case involving injury or significant losses should contact an attorney. Due to the complexities of North Carolina personal injury law discussed earlier, having legal representation is an absolute must.
An attorney can help guide you through the legal steps to take after a rear-end collision in North Carolina. However, not all law firms offer the same level of experience and service. Make sure you check online reviews, inquire about how many cases the firm has handled, and choose an attorney with extensive experience. Some have worked in this area of law for decades.
File a Legal Claim
All steps you’ve taken thus far will culminate in the filing of your personal injury claim. In a rear-end collision, it seems like common sense that the driver who struck another vehicle from behind is at fault. However, this will not simply be assumed in the legal system.
In some instances, you won’t have to worry about litigation. Your attorney may be able to negotiate a fair settlement offer with the other driver’s insurance company. However, this will not always be possible. If that’s the case, your attorney can file your claim in state court.
Whatever you do, never assume that you’re not entitled to compensation. Many personal injury lawyers offer free consultations, so you have nothing to lose by learning more about your rights.
Protecting Your Rights After a North Carolina Car Accident
Being involved in a car crash is a stressful endeavor. Unfortunately, rear-end collisions are often even more disheartening. Knowing that you did everything right and were still injured due to another person’s reckless actions? This is a distressing thought. Fortunately, understanding your rights can provide some peace of mind.
If you haven’t noticed, most of the legal steps to take after a rear-end collision in North Carolina focus on simplifying potential auto accident claims. You deserve to be compensated for your losses. Unfortunately, North Carolina law can make this more challenging than necessary. This is why it’s advisable to speak with a personal injury lawyer.
At Rowland & Yauger Attorneys & Counselors at Law, our dedicated legal team is here to help. Contact us at 910-947-2280 to schedule your free consultation today.
