Westport Car Accident Lawyer

Westport Car Accident Attorney

While common, car accidents are still devastating for those they impact. After being in a car accident, it can be difficult for survivors to know what to do next. Working closely with a Westport car accident lawyer can help make sure you understand how to navigate North Carolina’s complex legal process.

Choose a Westport Car Accident Attorney From an Established Law Firm to Take on Your Case

Born and raised in Hickory, Attorney Helton of Law Office of Lyndon R. Helton, PLLC, is experienced in advocating for the working people of North Carolina. He started his career in insurance defense law, giving him essential insight into the personal injury claims process and the tactics insurance companies use to avoid payouts.

He knows the cost a car accident can have on a survivor and their family. His goal is to represent those who have suffered life-altering injuries.

The Reality of Car Accidents in Westport, North Carolina

The main highway used by residents of Westport is North Carolina Highway 16, which lies to the west of the community. This highway sees thousands of drivers every day, making the likelihood of a car crash high for Westport residents. The top causes of car accidents include:

1. Speeding: In 2023, 23.1% of traffic deaths in North Carolina were due to speeding. In a country that relies on cars as a main mode of transportation, it’s common for drivers to forget how dangerous operating a vehicle really is. When a person speeds, even slightly over the legal speed limit, it can drastically reduce their reaction time and make the effects of a car accident even more severe.
2. Driving drunk or under the influence of drugs: These types of car accidents remain among the most common in the United States, yet are the easiest to avoid. In 2023, there were 87 crashes in Lincoln County due to driving under the influence of alcohol.
3. Distracted driving: With how common the use of phone navigational apps and music apps is while driving, distracted driving incidents only continue to grow as the years go by. In North Carolina in 2023, there were 47,986 motor vehicle accidents because of distracted driving.

This type of accident can involve various actions while driving, such as texting, talking on the phone, changing a radio station, using a GPS app on your phone, eating, and talking to a passenger.

After being in a crash and receiving medical care, the first step you should take is to hire a car accident lawyer to explain your legal options under North Carolina law. The state has strict laws regarding compensation after a crash, making it vital to act quickly and efficiently to support your recovery.

North Carolina Car Accident Laws

When pursuing compensation in your car crash case, you’ll need to inform your insurance company and the insurance company of the at-fault driver. This step can be arduous, as insurance companies look for any reason to avoid paying, and North Carolina has severe laws regarding fault. If you are found to be even 1% at fault for the incident, even if you’re the clear victim, you won’t be able to receive any compensation for your case.

For example, if it’s discovered that you were speeding slightly at the time a second car swerved into your lane and hit you, you may be assigned 5% at fault for the crash and be barred from pursuing compensation.

This can make it extremely difficult for survivors, as even small mistakes can contribute to crashes. Working with an experienced lawyer can help bolster your legal claim. If the insurance company lowballs you or disputes fault, your lawyer can escalate the case to court.

FAQs About Westport Car Accident Law

What Four Things Do I Need to Do to Prove Negligence in My Car Accident Claim?

To prove negligence in your car accident claim, you’ll need to first prove that the at-fault driver had a legal duty to act with reasonable care. Every driver needs to exercise caution when driving. You’ll then need to prove that they failed in their duty, and that failure directly led to your injuries. You can’t just speculate about what caused your injuries; you’ll need proof of this. Finally, you’ll need to prove that your injuries resulted in actual financial loss.

How Long Do I Have to File My Car Accident Case in North Carolina?

In North Carolina, the deadline to file your car accident case is typically three years from the date of the crash. For Westport residents, filing can be done at the Lincoln County Courthouse, located at 120 Justice Drive in Lincolnton. While this deadline is lengthy, it’s better to file as early as possible. If you wait too long, you may not be able to preserve any relevant evidence for your case.

What Compensation Is Available for My Car Crash Case?

The compensation that is available for your car crash case entirely varies based on the extent of your injuries and financial losses. Your lawyer can help you calculate how much you are eligible for. Victims of car accidents can seek recovery for their medical costs, lost wages, and repairing or replacing their vehicle and other personal items, such as clothing or a bag.

Can I Receive Punitive Damages for a Car Accident Claim?

You can receive punitive damages for a car accident claim. This is especially true if the guilty driver was acting with extreme negligence or malice at the time of the crash. For example, if the driver was recklessly ignoring traffic laws, they may have to pay punitive damages in addition to regular compensation. Punitive damages generally have a $250,000 cap. However, if the wrongdoer was committing a DUI, the cap is removed.

Hire a Car Accident Lawyer From Law Office of Lyndon R. Helton, PLLC

The first step of a personal injury case is often the hardest to take. However, you don’t have to go through the process alone. Reach out to our office in Hickory today to understand how Attorney Helton can help you. Our firm represents those living in Burke County, Catawba County, and Caldwell County.