How to Handle a North Carolina Car Accident

North Carolina is one of only 5 states that uses a pure contributory fault system.

Basics of North Carolina's liability laws

Proving liability (fault) after a North Carolina car accident

Since North Carolina has such strict fault laws, proving liability might be the most important part of your legal claim after a car accident.

There are several factors that your lawyer will use to prove the defendant's fault:

1. Visual evidence. A picture is worth a thousand words, right? If there are photographs of the scene showing how the accident happened or video from nearby surveillance cameras from homes or businesses, red light cameras, or dash cam footage, these images can be powerful evidence. It's hard to argue that something didn't happen the way it's shown on video.
   
   It's important to hire a lawyer immediately after your accident so they can conduct discovery to obtain video footage if it exists. Some surveillance and other digital recordings are only saved for a short time, so they will want to obtain it quickly before it's erased.
Enjuris tip: Read more: Taking Accident Scene Photos After a Car Crash
2. Police report. Some people are hesitant to call the police after an accident if they think the damage is minor, but a police report is an important document to have on file. The police approach an accident scene with no preconceived notion of how the accident happened — they'll make a report strictly based on the facts of what they observe at the scene. They'll also include factors that you might not notice like weather conditions, signal irregularities, road conditions, and other pieces of evidence. A police report can help tell the full story about what really happened and insurance companies rely on these documents when evaluating a claim.
3. Witnesses. A witness is anyone who observed any part of the accident — the events leading up to a collision, a driver's behavior or demeanor immediately after, road or traffic conditions at the scene, the actions of other drivers, or any other detail that might be relevant to explain how the accident happened. Sometimes there are obvious witnesses like other drivers who stop to help at the scene of the crash. There might be other witnesses too who were inside nearby homes or businesses at the time the accident happened.
   
   It's important to take names and contact information for any person present at the scene in case they have relevant information. Even if they don't think what they saw is important, sometimes police officers and lawyers can use parts of witness statements that might not seem obvious as evidence. Often, well-meaning bystanders or other drivers will leave the scene as soon as they see that police or emergency responders have the situation under control. Once they leave, that evidence can be lost if you don't know who they are or how to contact them. If you're in a physical condition to obtain contact information from witnesses at the scene, it's important to do so.
Enjuris tip: Read more: How to Find Witnesses After a Car Accident
4. Medical examination. The amount of your settlement will depend on the extent of your injuries. Even if the accident was minor and you believe you weren't seriously injured, it's crucial to have an immediate medical exam by your primary care provider, an urgent care provider, or a hospital. There are some injuries (like whiplash) that might have symptoms for days — or even weeks — after an accident. If you wait to get a medical exam, it will be more difficult to prove that your injuries are the result of the crash.

What to do after a car accident to preserve your legal rights

If you're in a car accident in North Carolina, there are a few ways to protect your right to a claim.

First things first:

Don't try to get out of the car, evaluate the accident, or obtain information unless you're in a condition to do so. If you need to remain in the car and wait for emergency help, that's what you should do. Your safety and physical condition come first.

Following this, here are the steps you should take in the aftermath after a crash:

1. Call 911. Your first call should be to emergency responders. Whether the accident is minor or serious, call the police. Tell dispatch whether or not an ambulance is needed, but request that the police respond to the scene either way.
2. Move your car out of traffic if possible. Sometimes the position of cars relative to each other helps determine how a crash happened. Before moving your car (or before the other driver moves theirs), take several photos of various angles of the scene in order to preserve evidence. If the cars aren't blocking traffic, leave them where they are after a crash. Only move the car if it's preventing the flow of traffic.
3. Obtain information from other drivers. Make sure to get the necessary information from each involved driver. A police report should include most of it, but also you want to have a copy to provide to your lawyer.
   
   Try to write down or photograph the following information:
   
   
   • Driver's name and driver's license number
   • Driver's full contact information, including address, phone, and email
   • Vehicle registration and insurance information
   • License plate number
   • Make, model, and color of each car involved in the accident
   
   

   Post-Accident Journal Form
   Sample accident journal/diary to help you document the effect on your daily life
   Download in PDF format

4. Gather evidence. As mentioned above, photos of the scene and obtaining contact information from witnesses can make or break your case. You can never get too much. Not every photo or every witness account will be relevant, but there might be things that your lawyer sees that do matter that you don't realize. Let your lawyer determine what's important and what's not.
5. Notify your insurance company. A "report" is not the same as a "claim." Your insurance company likely requires you to report an accident within a certain period of time. But even with your own insurance company, don't say anything that would indicate fault. Stick to basics — when and where the accident took place, and who was involved. Don't give permission for them to record a statement.