North Carolina Car Accident Attorneys

Types of Car Accidents in Winston-Salem

We represent car and other motor vehicle accident victims and their families in such cases as:

• Rear-end collision: This type of accident occurs when one vehicle collides with the vehicle in front of it. These accidents often happen when the following driver fails to stop in time, typically due to distracted driving, tailgating, or sudden braking by the lead vehicle. 
• Head-on collision: A head-on collision happens when two vehicles traveling in opposite directions collide with each other, often resulting in severe injuries or fatalities. These accidents can occur due to factors like impaired driving, wrong-way driving, or overtaking in no-passing zones. 
• Side-impact collision: T-bone accidents occur when one vehicle collides with the side of another, typically at a right angle. These often happen at intersections when one driver fails to yield the right-of-way, runs a red light, or doesn't stop at a stop sign. 
• Sideswipe collision: A sideswipe collision happens when two vehicles traveling parallel to each other make contact with each other. This can occur when one vehicle drifts into another lane without signaling or checking blind spots. 
• Rollover accident: Rollover accidents occur when a vehicle flips over onto its roof or side. These accidents can result from various factors, including excessive speed, sharp turns, or a high center of gravity in some vehicle types. 
• Multi-vehicle pile-up: Multi-vehicle accidents involve more than two vehicles and often occur on highways or in poor weather conditions. One initial collision can set off a chain reaction, involving multiple vehicles.
• Hit and run: A hit-and-run accident occurs when a driver involved in an accident flees the scene without stopping to exchange information or offer assistance. This is illegal and can lead to criminal charges. 
• Single-vehicle car accidents caused by defective tires or brakes, poor highway maintenance, or rollover accidents reflecting vehicle design defects often require a detailed examination of the accident scene.
• Commercial vehicle accidents, such as accidents involving semi-tractor trailers, heavy-duty trucks, or construction vehicles involve a different set of regulations and usually require detailed investigation.
• Fatal highway car accidents that occur in construction zones, involve median crossovers and head-on collisions, or otherwise involve high-speed collisions often necessitate a thorough analysis.

Negligent Driving in North Carolina

To qualify for damages in a car accident lawsuit, the accident must have been caused by a negligent driver. 

The most common types of negligent driving behaviors are:

• Distracted driving: Distracted driving is a leading cause of car accidents. It involves activities like texting, talking on the phone, eating, adjusting the radio, or using GPS while driving. Any activity that diverts a driver's attention from the road can be dangerous. 
• Speeding: Driving at speeds higher than the posted speed limit or too fast for road conditions reduces a driver's reaction time and the ability to stop in an emergency, increasing the risk of accidents. 
• Drunk driving: Driving under the influence of alcohol, drugs, or other impairing substances impairs a driver's judgment, coordination, and reaction time, making it a significant contributor to accidents. 
• Reckless driving: Reckless driving behaviors, such as aggressive driving, tailgating, frequent lane changes, and road rage, increase the likelihood of accidents.
• Running red lights and stop signs: Disobeying traffic signals and signs can result in intersection accidents, which are often severe due to the high-speed nature of these collisions. 
• Fatigue: Drowsy or fatigued driving can impair a driver's ability to stay alert and make sound judgments.
• Inexperience: Inexperienced or novice drivers may lack the skills and judgment necessary to navigate challenging situations and react to hazards effectively. 
• Failing to yield the right of way: Not yielding the right of way at intersections, crosswalks, and merge points can lead to accidents, especially in situations involving multiple vehicles. 
• Following too closely (tailgating): Tailgating does not allow enough time for a driver to react if the vehicle in front suddenly stops or slows down. Liability is often straightforward in such accidents.
• Unsafe lane changes: Drivers who change lanes without signaling, failing to check blind spots, or cutting off other vehicles can cause accidents. 

Common Car Accident Injuries in North Carolina

We provide relentless advocacy to car accident victims suffering from serious car accident injuries such as:

• Traumatic brain injury (TBI) 
• Loss of limbs 
• Spinal cord trauma 
• Extensive burn injuries 
• Broken bones 
• Disfiguring facial injuries and scars
• Lacerations
• Crush injuries 

Steps to Take After a Winston-Salem Car Accident

There are steps to take after a car accident to ensure safety, fulfill legal requirements, and protect yourself:

• Check for Injuries: First and foremost, check yourself, passengers, and others involved in the accident for injuries. Call emergency services immediately if anyone is hurt. 
• Move to a Safe Location: If possible, and if it doesn't interfere with gathering evidence, move your vehicle to the side of the road to avoid blocking traffic and further accidents. 
• Call the Police: As we mentioned above, you're required to report accidents that result in injury, death, or property damage exceeding $1,000. Even if the accident seems minor, it's wise to call the police.
• Exchange Information: Exchange contact and insurance information with the other driver(s) involved. Include names, addresses, phone numbers, insurance company names, and policy numbers. 
• Document the Scene: Take photos of the accident scene, including vehicle damage, road conditions, skid marks, traffic signs, and any other relevant details. This documentation can be crucial.
• Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Be honest and provide them with all the necessary information. 
• Seek Medical Attention: Even if you don't feel injured immediately after the accident, you must seek medical attention. Some injuries may not manifest symptoms until later, and documentation of injuries is important for insurance claims and legal purposes. 
• Follow Up: Follow up with your insurance company, medical providers, and any other relevant parties to ensure that your claims and treatments are progressing smoothly. 
• Consider Legal Representation: If there are significant injuries or disputes over fault or compensation, you may want to consult with a personal injury attorney who is familiar with North Carolina's laws. 
• Keep Records: Keep detailed records of all expenses related to the accident, including medical bills, vehicle repair costs, rental car expenses, and any other losses you incur. 

Local Insights on Winston-Salem Roads & Traffic

With its mix of urban and suburban environments, Winston-Salem presents unique traffic challenges. The city's growth has led to increased congestion, particularly during rush hours, affecting major highways like Interstate 40 and Business 40, along with bustling intersections like Hanes Mall Boulevard. These areas are often cited in accident reports and highlight the importance of vigilance and patience on the road.

Moreover, North Carolina's diverse weather, through rain or occasional winter storms, adds additional obstacles for local drivers. Understanding these conditions is crucial, as rain can create slippery roads, and unexpected ice patches can be dangerous. Comerford Chilson & Moser leverages local knowledge to navigate these complex factors, offering our clients informed guidance and support tailored to regional realities.

Compensation from an NC Car Accident Claim

If you are injured in a car accident and are eligible to file a claim, you may be entitled to compensation for the following:

Economic Damages (Special Damages)

These are measurable losses and often include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage

Non-Economic Damages (General Damages)

These are intangible losses, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Frequently Asked Questions

How Quickly Should I Contact an Auto Accident Attorney After a Car Accident?

It is advisable to contact a personal injury attorney as soon as possible after your accident. Immediate consultation helps secure critical evidence, maintain the integrity of witness statements, and ensure compliance with filing deadlines. Quick action reinforces your claim's potential, providing your legal team the groundwork needed to advocate effectively on your behalf.

What Are the Costs Associated with Hiring a Car Accident Lawyer in Winston-Salem?

The cost structure for hiring a car accident lawyer can vary; however, Comerford Chilson & Moser operates on a contingency fee basis. This means that there are no upfront costs, and legal fees are payable only if we secure compensation for you. Our focus remains on achieving the best possible outcome while minimizing financial stress for our clients in Winston-Salem and throughout North Carolina.

How Does North Carolina's Contributory Negligence Rule Affect My Claim?

North Carolina's contributory negligence rule stipulates that if you are found to be even 1% at fault in an accident, you may not be eligible to receive any damages from other involved parties. This strict rule makes it essential to have a knowledgeable attorney who can meticulously gather evidence and build a compelling argument that highlights the other party's fault, thus safeguarding your right to compensation.

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

The statute of limitations for personal injury claims in North Carolina is generally three years from the date of the accident. For wrongful death claims, the deadline is two years. Filing after this period may result in your case being dismissed.

Do I Need a Police Report to File a Car Accident Claim in NC?

While not legally required for minor accidents, a police report is highly recommended. It provides an official record of the crash, which can be helpful when negotiating with insurance companies or proving fault in court.

What if the Other Driver Doesn’t Have Insurance?

North Carolina requires all drivers to carry uninsured motorist (UM) coverage. If the at-fault driver is uninsured or underinsured, your own UM coverage can help cover your losses. You can also potentially sue the at-fault driver personally, though collection can be difficult.

Should I Accept a Settlement Offer from the Insurance company?

Be cautious about accepting a quick settlement, especially before knowing the full extent of your injuries and damages. Insurance companies often try to minimize payouts. It’s advisable to consult with an experienced car accident lawyer in North Carolina before accepting any offer.

How We Can Help with Auto Accident Cases

Being in a car accident is a traumatic, confusing experience. You may be dealing with injuries, property damage, and the stress of trying to manage everything on your own. At Comerford Chilson & Moser, we want to take that burden off your shoulders. Our North Carolina car accident lawyers have a proven track record of success in Winston-Salem, Greensboro, and throughout the state. We provide the depth of knowledge required to understand complex accident scenarios, ensuring no stone is left unturned. Our attorneys provide personalized and responsive service, and we will never cut corners in our pursuit of justice for you and your family.

Call or contact us online today to schedule a free consultation with our experienced team!