Winston-Salem Car Accident Lawyer

Winston-Salem Car Accident Attorney

Butler, Quinn & Hochman, PLLC’s Winston-Salem car accident lawyer, is prepared to help crash victims obtain the compensation they deserve. Victims of car accidents typically face serious injuries and financial burdens from medical expenses and lost wages, which lead to feelings of being overwhelmed.
Recent data indicates that North Carolina experienced a 7.5% increase in traffic fatalities in 2021, totaling 1,783 deaths statewide. In Winston-Salem, high-risk areas such as Interstate 40, U.S. Route 52, and intersections along Silas Creek Parkway have been identified as frequent sites for traffic collisions. Congestion and distracted driving contribute to severe accidents near Hanes Mall Boulevard and University Parkway.

North Carolina’s at-fault insurance laws allow injured parties to seek accountability from negligent drivers through its fault-based system, yet its strict contributory negligence rule complicates damage recovery. Legal representation becomes essential when insurance companies consistently underestimate claim values. Prompt action is essential when your accident results from distracted driving or speeding and reckless driving behavior.

Common Causes of Car Accidents in Winston-Salem

Negligence, reckless driving, and hazardous road conditions are leading causes of car accidents. Distracted driving, such as texting, adjusting the radio, or speeding, significantly reduces reaction time, increasing the risk of collisions. Drunk and impaired driving remain among the most common causes of severe crashes.

Adverse weather, failure to yield, and aggressive driving can further contribute to dangerous road conditions. Mechanical failures, including faulty brakes and tire blowouts, can also lead to accidents. Establishing liability is essential for securing compensation for injuries, vehicle damage, and other losses after a crash in Winston-Salem.

Injuries and Long-Term Impact of Car Accidents

Serious injuries that change lives, such as whiplash, broken bones, traumatic brain injuries (TBI), spinal cord damage, and internal organ injuries, can result from car accidents. Minor vehicle accidents have the potential to result in long-term pain conditions, impaired movement capabilities, and psychological distress, including post-traumatic stress disorder (PTSD).

Victims face substantial financial challenges due to medical expenses, rehabilitative care requirements, and missed work opportunities. Permanent disability from severe cases might prevent individuals from maintaining their jobs and performing everyday tasks.

By taking immediate medical action and obtaining legal advice, victims can learn about their rights and obtain necessary compensation to pay for medical expenses and care throughout their lifetime, as well as future economic losses.

North Carolina’s Contributory Negligence Rule

In North Carolina’s legal system, contributory negligence laws prevent victims who share any fault from obtaining compensation. Insurance companies frequently invoke this rule to reject claims, which emphasizes the importance of compiling solid proof, including accident reports, witness statements, and surveillance footage.

Establishing that the other driver holds complete responsibility is crucial for obtaining compensation for medical expenses, lost income, and pain and suffering. Working with an experienced attorney helps build a strong case and protects your right to financial recovery when contributory negligence complicates car accident cases.

How Compensation Is Determined in Car Accident Cases

The potential recovery of economic and non-economic damages for car accident victims depends on the severity of their injuries. Economic damages cover medical expenses and lost wages as well as property damage, whereas non-economic damages account for pain and suffering alongside emotional distress and loss of enjoyment of life.

Courts can impose punitive damages for gross negligence cases like those involving drunk driving. Compensation amounts rely on the severity of the injury, any long-term effects that result from it, and the strength of the existing evidence. Legal representation is essential to achieve fair settlement results or a successful litigation outcome because insurance companies typically attempt to reduce the amount they pay.

What to Do After a Car Accident

Following correct procedures after an accident helps preserve your health and enhances your insurance claim. Get medical help right away, even if injuries appear to be minor. Contact your local law enforcement agency to obtain an official accident report because it is critical to process insurance claims.

Whenever it is feasible, collect evidence, such as pictures of the damaged vehicle and injuries, along with photographs of the accident location. Share contact information and insurance details with the other driver, but do not make any statements that suggest fault.

Reach out to your insurance company while exercising caution during conversations with claims adjusters. Seek legal advice before making statements or agreeing to settlements so you can properly obtain compensation for your injuries and losses.

FAQs

Q: How Long Do I Have to File a Car Accident Claim in North Carolina?

A: The deadline for filing a personal injury claim after a car accident in North Carolina expires three years following the crash date. The statute of limitations for filing a wrongful death claim after an accident is two years from when the person died. Failure to meet these deadlines eliminates your possibility of receiving compensation. The claims process must begin promptly to maintain evidence integrity and secure your financial recovery rights.

Q: Can I Still Get Compensation If I Was Partially at Fault?

A: Under North Carolina law, contributory negligence means a person who is even 1% responsible cannot receive compensation. Insurance firms apply this rule to reject claims regardless of the other driver’s primary responsibility.

Proving your non-liability requires substantial evidence from police reports and witness statements, along with accident reconstruction analysis. An attorney will help ensure you maintain your eligibility for compensation.

Q: Should I Accept the Insurance Company’s First Settlement Offer?

A: You should avoid accepting the first settlement offer from an insurance company because it is rarely beneficial for you. Insurance companies frequently make initial low settlement proposals in anticipation that victims will accept less than they are entitled to.

Reviewing medical expenses, lost wages, and future financial needs before accepting the settlement offer ensures all damages are covered. Seek legal advice or negotiate with insurance companies to get the appropriate settlement and stop them from exploiting you.

Q: What Damages Can I Recover After a Car Accident?

A: Car accident victims have the right to claim economic and non-economic damages. Economic damages consist of the costs of medical treatment, lost income, and property destruction. Non-economic damages include compensation for pain and suffering, as well as emotional distress and loss of quality of life.

Punitive damages can be awarded in extreme negligence situations, including drunk driving incidents. Compensation amounts are based on injury severity, along with evidence of long-term effects and proof of your losses.

Contact a Winston-Salem Car Accident Lawyer

Butler, Quinn & Hochman, PLLC stands ready to help car accident victims seek the compensation they deserve. Our experienced attorneys can fight to protect your rights even though navigating insurance claims and North Carolina’s strict negligence laws can be challenging.

We focus on maximizing your recovery by addressing medical expenses and lost wages. Reach out to us now for a no-obligation legal consultation, and let our team manage the legal work as you concentrate on your recovery.