Automobile accidents can be traumatic for survivors, and trying to navigate a legal case afterwards can be overwhelming. State laws tend to be complex and difficult to comprehend. It’s important to research who is at fault in a multi-car pileup on I-40, North Carolina, to understand your rights as a North Carolina resident.
Choose a Trusted Automobile Accident Attorney in North Carolina
Attorney Helton of Law Office of Lyndon R. Helton, PLLC, has spent over 23 years focusing on workers’ compensation and personal injury law. Before starting his firm, Attorney Helton worked in insurance defense law, which provided him with extensive insight into the common tactics used by insurance companies in automobile accident cases.
His goal is to help everyday people take control of their legal cases and feel confident moving forward from traumatic events.
The Reality of Automobile Accidents on I-40
There were 284,157 motor vehicle accidents throughout North Carolina in 2023. During these crashes, there were:
- 44 deaths in Buncombe County
- 55 deaths in Forsyth County
- 57 deaths in Guilford County
- 113 deaths in Wake County
- 19 deaths in New Hanover County
The annual average daily traffic on I-40 in 2024 was 139,560 drivers. This amount of traffic makes getting into a crash highly likely. When drivers spend every day on the road commuting to and from work, it’s easy to forget how dangerous driving is.
This makes it common for drivers to speed, which makes driver reaction times slower, commonly leading to a crash. In 2023, 15,139 crashes in North Carolina were due to speeding.
With the use of GPS apps and music apps, distracted driving is another common daily occurrence that leads to automobile accidents. In 2023, 47,986 crashes in North Carolina were caused by distracted drivers.
Multi-car pileups are incredibly common on Interstate highways, such as I-40. When multiple drivers are involved in a crash, legal cases afterwards can become complicated, making guidance from a car accident lawyer especially important. Understanding state laws regarding fault in crashes is key when pursuing your own case.
North Carolina Automobile Accident Laws
To recover compensation, you’ll need to:
- Contact your insurance company.
- Contact the at-fault driver’s insurance company.
If the companies dispute responsibility in the crash, the case may escalate to court. You’ll need to hire an automobile accident lawyer before pursuing compensation, as they can represent you during insurance meetings and future court procedures.
During a personal injury case, the court assigned to your case will assign every party involved in the crash a portion of fault. They do this to determine how much compensation to award the filing party and who will be responsible for paying. They’ll assign a portion of fault to the victim, too.
This can make things difficult, as North Carolina bars victims from recovering any compensation if they are even 1% liable for the crash. Factors such as speeding, not using your blinker, or talking on the phone while driving can make you partially liable for the incident. Having extensive evidence in your favor is key to advocating for yourself during your case.
Any compensation awarded to you will be paid by the at-fault drivers based on their personal percentages of fault. This helps make sure that wrongdoers only have to pay what they’re personally responsible for. For example:
- If you were a passenger in an automobile that was hit by another vehicle, you could recover compensation.
- If the car that hit the one you were in was speeding at the time of the crash, they may be found 60% at fault.
- If a second car hit the first because they were texting while driving, they may be found 30% liable for the crash.
- If a third car hit the second because they were following too closely behind the second car, they may be assigned 10% fault.
If you were awarded $100,000 in your case, it would be split between each guilty party based on their percentages of fault.
FAQs
What Damages Can I Request in My Car Crash Claim?
You can request two main kinds of damages in your car crash claim: economic and non-economic damages. This can help you recover compensation for your lost income, medical bills, damage to your automobile and other belongings, and emotional suffering and physical pain. North Carolina doesn’t have a limit on the recompense you can request for emotional suffering and physical pain, so your lawyer can help you calculate an amount to request.
Can I Request Punitive Damages in My Automobile Accident Case?
You could request punitive damages in your automobile accident case if the wrongdoer acted with great negligence or malice. If, for example, the responsible driver intentionally hit your car, they may be further punished by paying punitive damages in excess of economic and non-economic damages. However, punitive damages are typically limited to $250,000. If the responsible party was driving under the influence, nothing limits the damages.
What Kind of Evidence Do I Need to Collect for My Automobile Crash Claim in North Carolina?
In North Carolina, you need to collect as much evidence as possible for your automobile crash claim, including eyewitness testimony, testimony from professional crash reconstructionists, traffic camera footage of the crash, copies of any medical records as well as the police report of the incident, proof of your financial and emotional losses, photos of the site of the crash, your injuries, and damages to your automobile and belongings.
What Steps Should I Take to Avoid Causing Problems After an Automobile Crash in North Carolina?
After an automobile crash in North Carolina, you should avoid arguing with the at-fault driver. If you do, it’ll likely escalate the situation and make them less likely to cooperate during future legal proceedings, making it more difficult for you to recover compensation. Don’t apologize or admit fault to anyone, as it may be used to damage you later on in your case.
Hire an Automobile Accident Lawyer With Years of Experience
Law Office of Lyndon R. Helton, PLLC, is here to listen to the full details of your situation and provide honest and empathetic legal care. Contact our office in Hickory today to set up a meeting with our firm. Attorney Helton represents those living in Catawba, Caldwell, and Burke counties.
