Do I Need a Lawyer for a Car Accident in North Carolina?

Do I Need a Lawyer for a Car Accident in North Carolina?
Top Reasons to Hire a North Carolina Car Accident Lawyer
How Much Does a Car Accident Lawyer Cost?
Contact Myers Law Firm Today

Do I Need a Lawyer for a Car Accident in North Carolina?

There’s a lot to process after a car accident. And even if you were lucky to escape without any permanent injuries, the aftermath can still be expensive. Your car will need to get repaired—or replaced. Medical bills need to be paid. Maybe you lost out on a few weeks (or more) of pay as you recovered from your injuries.

One thing you may be wondering is whether it’s really worth it to hire an attorney to handle your car accident claim, or if you’re better off on your own. Many car accident victims are nervous that working with an attorney will be too costly or too stressful, or they believe there’s enough info online to tell them what they need to know about the legal process.

It is true that not every accident insurance claim requires the assistance of a car accident attorney. However, an experienced attorney can be a huge benefit in many circumstances, even after a relatively minor car accident.

Whatever you decide, however, you should always at least call a personal injury lawyer for a free consultation. A short, no obligation meeting with a legal expert can help you quickly determine if you have a good case, and whether hiring an attorney makes sense.

Top Reasons to Hire a North Carolina Car Accident Lawyer

Each case is different, but here are a few important things to consider.

Car Accident Investigations Are Complicated (and Time May Be Running Out)

A lot of work goes into investigating a crash. This is especially true if there were few witnesses, or if the at-fault driver disagrees with you about what happened.

Key evidence that can prove what really happened may not stick around for long, either. For example, “black box” data from a crashed vehicle may disappear forever if you don’t take steps to preserve it.

An experienced car accident lawyer will know where to look, who to work with, and how soon it needs to happen. They may work with an accident reconstruction expert who can use photos of the crash scene, light signal timings, and other evidence to piece together what actually happened. They’ll also follow up with eyewitnesses, conduct interviews, obtain insurance policy information, and much more.

Damages Are Tough to Calculate

How much is your car accident case worth? Chances are it’s going to be a lot more than what the insurance company offers you at first.

Victims of car accidents are able to claim economic damages and non-economic damages that result from the crash. But calculating them is a lot harder than you might think, and the insurance company will likely have a very different set of numbers in mind. For example:

Economic damages include things like medical bills, lost wages, medications, etc. And it’s easy enough to add up the bills you’ve already received. But you’re also allowed to claim future economic damages. Do you know how long you’re likely to be out of work, or how much you might lose in future salary if you have to switch careers? Are you going to need future treatments or surgeries as a result of your current injuries?
It’s even harder to calculate non-economic damages, since these are entirely subjective. How do you put a price on dealing with chronic pain and depression? What is fair compensation for losing your ability to go fishing, or take your children to the park?

Even if you’re dealing with your own insurance company, their priority is to save money for themselves, not pay fair compensation on car accident claims. You shouldn’t rely on the insurance company to offer you the full amount you deserve right off the bat. If your car accident resulted in serious injuries—or at least serious enough to cause a lot of pain, a few trips to the doctor, and at least a couple of weeks of missed work—an attorney can help you gather the evidence you need to support a fair settlement agreement.

Contributory Negligence Is a Factor in North Carolina

North Carolina is one of just a few states that follows the strict (and unfair) legal doctrine of contributory negligence in personal injury cases.

In most other states, you can still obtain compensation from a car accident claim even if you were partly responsible. For example, in those states, if a court finds that you were 20% at fault for the auto accident, you will be awarded 80% of your damages.

But in North Carolina, if you are assigned any share of the fault—even 1%—you cannot recover any compensation. Auto insurance companies use the threat of contributory negligence as a tool to deny legitimate auto accident claims, or to pressure crash victims into taking much lower settlement offers than they deserve.

Peace of Mind

Dealing with the aftermath of a car accident is a stressful process. And the insurance company isn’t going to go easy on you just because you’re hurt, struggling financially, or lack legal representation.

During a difficult time in your life, you shouldn’t have to worry about investigating a crash, gathering witness statements, negotiating with an insurance company that doesn’t have your best interests at heart, staying on top of legal deadlines, and more. Hiring an experienced car accident attorney can take the stress and frustration off your shoulders and allow you to focus on recovering and being there for your loved ones.

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“I went to another law firm and they turned me down…would not take my case. Myers Law Firm met with me, handled my case and would not back down from insurance company. Even when they had to file suit to protect me for my personal injury and property damage. I received a very fair settlement. Mr. Myers I appreciate you and your staff.”

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How Much Does a Car Accident Lawyer Cost?

One of the main concerns potential clients have about hiring a car accident lawyer is whether legal representation is worth the cost.

First, like most personal injury attorneys, we work on contingency. That means you don’t pay us a retainer fee to start work on your case. You only owe us attorney fees if we make a recovery, and then we take our fee as a percentage of your recovery.

Surveys consistently show that injury victims who work with a personal injury attorney recover more in compensation than those who represent themselves—particularly in cases that involve severe injuries.

That being said, each case is unique. During your free consultation with Myers Law Firm, we can provide you with an objective assessment of your case and let you know if we believe we can help. Because it’s our duty to put the interests of our clients ahead of our own, we will let you know if we think you could handle your case on your own and get a better result.

Contact Myers Law Firm Today

Even if you aren’t sure yet whether or not you want to hire a lawyer, we still encourage you to request a free consultation as soon as possible. Any mistakes you make early in your case could critically damage your ability to get a fair settlement. Getting legal advice as soon as possible can help guide your next steps in a positive direction, whether you hire us or not. There is no risk to you, you won’t owe us anything, and it could make a huge difference.

For a free consultation, call us at 888-376-2889 or fill out our online contact form. We can help you understand what your options are, and how we can help.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Common Causes of Truck Accidents in North Carolina (and Who Might Be Responsible)

Common Causes of Truck Accidents in North Carolina
Common Causes of Trucking Accidents
Who Is Liable in a Truck Accident?
How Can a Truck Accident Lawyer Help?
Call Myers Law Firm for a Free Consultation

Common Causes of Truck Accidents in North Carolina

Large truck crashes can be especially devastating and deadly. According to 2021 data from the North Carolina Department of Transportation, accidents involving a semi-truck are more than three times as likely to result in at least one fatality than crashes only involving passenger vehicles. If you or someone you love has been the victim of a semi-truck accident, you know first-hand how this can be a life-altering experience.

But that’s not the only major difference between truck accidents and other types of motor vehicle crashes. Truck cases are often complicated and may have involve multiple negligent parties, such as the truck driver, the trucking company they work for, or even equipment manufacturers, cargo loaders, maintenance professionals, and more.

In order to get fair and full compensation for your injuries, you’ll need to prove what really happened, and identify all the relevant contributing factors. But the insurance company representing the trucking company won’t make it easy for you. An experienced lawyer can make a huge difference to your case. If you’ve been involved in a collision with a large truck, Myers Law Firm is dedicated to helping you recover the financial compensation you deserve.

Common Causes of Trucking Accidents

The cause of an accident is critical to determining liability. Due to North Carolina’s “contributory negligence” law (more on that below), liability in a truck accident can be the reason you get the fair compensation you deserve, or you get nothing. Therefore, it is absolutely essential to prove that you were not at fault—not even a little bit.

The Federal Motor Carrier Safety Administration (FMCSA) has released a study of Large Truck Crash Causation, which determined that the top ten factors in crashes involving large trucks are as follows:

Brake problems
Traffic flow interruption (such as congestion from a previous crash)
Prescription drug use
Traveling too fast for conditions
Unfamiliarity with the roadway
Roadway problems
Required to stop before a crash (such as a stoplight or crosswalk)
Over-the-counter drug use
Inadequate surveillance (this refers to truck drivers not looking around for potential hazards and/or distracted driving)
Driver fatigue

Most of these factors are due to truck drivers being negligent, but brake problems are the responsibility of the entity who maintains the truck. That can be an owner-operator, or it could be the trucking company.

As you can imagine, a passenger vehicle is likely to sustain significant damage if a large truck plows into them because of braking problems. These can be fatal crashes, and they can cause severe injuries for the passenger car drivers. Getting fair compensation for these truck accident cases is a matter of liability, or proving who is responsible.

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Who Is Liable in a Truck Accident?

Determining liability for truck accidents can be a complicated process, since there are often multiple factors. It can also make a big difference in compensation for truck accident injuries, because truck drivers and trucking companies may have different insurance policy limits. If your medical costs exceed the policy limit of one negligent party, proving that another party also has liability can provide you with additional compensation for the damages you’ve suffered.

Since truck accidents involving passenger vehicles often cause serious injuries, it’s important to complete a full investigation into the causes of truck accidents. This investigation may reveal several responsible parties, including the truck driver, the trucking company, the parts manufacturer, the loader, and more.

For example, the loader may not have received adequate training, which caused them to load delivery trucks with all the weight on one side. Poor cargo loading creates imbalanced tractor trailers, which are now at higher risk of an accident. All it takes is a moment of distracted driving, and someone’s life is changed forever.

In this example, you can easily see that the loading company bears fault for inadequate training and the driver is responsible for not paying attention. The investigation may also show that the trucking company is responsible for poor vehicle maintenance that contributed to the accident.

Proving liability for complicated truck accidents can be extremely challenging. Because of North Carolina’s strict law about contributory negligence, if you were even 1% at fault for the accident, you are not entitled to any compensation, even when the truck driver was 99% at fault for your serious injuries.

How Can a Truck Accident Lawyer Help?

Carriers are going to be extremely protective of any information regarding their commercial trucks or commercial truck drivers. Insurance companies know all they have to do is prove that the other drivers were a tiny bit responsible for the truck accidents. If you are trying to make a wrongful death claim, you may only have the truck driver’s statement about what happened, because your loved one is deceased.

If you feel like a small fish in a big sea, you need to talk to a truck accident attorney. A lawyer has the tools and knowledge to dig deep into the facts of the investigation, from procuring records and statements, to surveillance footage, drug usage, and more. An experienced attorney will know where to look for additional sources of insurance coverage if your lawsuit exceeds the limits of one policy, and they will help you hold the responsible parties accountable.

If you’ve been in an accident with a commercial vehicle, it’s very important to talk to a lawyer right away. They will immediately start to collect evidence before it disappears. For example, trucking companies are only required to maintain hours of service logbooks on trucks and drivers for a limited time. Once that time is up, they can legally destroy them—unless you or your attorney have already sent them a letter to preserve evidence or filed a lawsuit.

Other pieces of evidence like witnesses and surveillance footage can also disappear if you don’t act quickly, so the sooner that evidence can be preserved, the better.

Call Myers Law Firm for a Free Consultation

In the event of a collision between commercial trucks and passenger cars, the trucks have the advantage in height, weight, and safety. If you’ve been involved in one of these truck accidents, you may have suffered spinal cord injuries, internal injuries, or worse. These can lead to life-long pain and suffering, and leave you with insurmountable medical debt.

At Myers Law, we understand how stressful it can be to stand up to the insurance companies when you are trying to recover from your injuries. We will compassionately take on the insurance companies on your behalf, giving you the freedom to focus on rest and recovery.

For a free consultation, call us at 888-376-2889 or fill out our online contact form. We can help you understand what your options are, and how we can help.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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We are committed to continuing to serve our clients’ legal needs

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What to Do if You’re Injured in an Uber Accident in North Carolina

What to Do if You’re Injured in an Uber Accident in North Carolina
Steps to Take After an Uber Accident
Understanding North Carolina’s Uber Accident Laws and Regulations
Compensation After an Uber Accident
How an Experienced Uber Accident Attorney Can Help
Contact Myers Law Firm Today

What to Do if You’re Injured in an Uber Accident in North Carolina

This September will mark 10 years since Uber first arrived in Charlotte, North Carolina, and in that time Uber and other rideshare companies have become an increasingly popular way to get around.

Unfortunately, that also means Uber accidents have become a frequent occurrence—not only because there are so many rideshare vehicles on the road, but also because drivers are incentivized to complete fares as quickly as possible. This can lead to unsafe driving practices.

If you have been injured in an Uber accident in North Carolina, it is important to understand your legal rights and how to best pursue an Uber accident claim.

Steps to Take After an Uber Accident

Whenever you’re involved in any auto accident—whether a rideshare company is involved or not—there are a few basic steps you should take if you are able to do so safely. These include:

Make sure you and everyone involved in the crash are safe.
Seek emergency medical treatment if necessary. Accept on-site medical evaluation if offered.
Call the police, notify them of the accident and request a police report.
Exchange name, contact, license plate, and insurance info with any involved drivers.
Get contact information from any eyewitnesses.
Document as much as you can by taking photos and writing down details. This includes crash damage, injuries, road debris, skid marks, weather, time of day, the general scene, etc.
Follow up with a doctor as soon as possible if you experience any symptoms, even minor ones. They could get worse later.
Contact an Uber accident lawyer for a free consultation.

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Understanding North Carolina’s Uber Accident Laws and Regulations

Required Insurance Coverage for Uber Drivers

In North Carolina, all personal vehicle owners must carry a minimum of $30,000 per person and $60,000 per accident in coverage for any injury or death they cause.

If an Uber driver causes an accident, but they are not currently working (the Uber app isn’t open on their phone, and they aren’t waiting for, driving to, or transporting a passenger), only their personal auto insurance policy applies. In practice this usually means the state minimum liability coverage mentioned above, although it could be more if the driver purchased more.

However, in North Carolina, Uber also provides additional liability coverage for drivers who are engaged in work activities, if the driver’s own coverage doesn’t meet the minimum criteria:

$50,000 per person and $100,000 per accident, if the driver’s app is open but they are only waiting for a fare. (In other words, they haven’t accepted a job yet.)
$1 million in total injury coverage from the moment the driver accepts a fare (i.e., driving to pick them up) to the moment the fare is dropped off at their destination.

The same levels of coverage apply for Uber delivery drivers—the only difference being that they’re transporting goods rather than passengers.

The good news is that, if you are injured by an Uber driver who has accepted a job (whether that’s yours or someone else’s), you’ll have access to a larger pool of insurance coverage than you would likely have available for a typical passenger vehicle accident. However, Uber accident cases are frequently complicated, and insurance companies will aggressively defend cases, particularly for large claims.

Other Uber Safety Regulations

Uber and other rideshare companies, known in the North Carolina law as “transportation network companies,” are also subject to additional legal regulations. These include:

Obtaining appropriate permits
Performing background checks on drivers and their vehicles (including driving history, vehicle registration, insurance information, and criminal records).
Re-performing background checks on all drivers at least every five years
Ensuring rideshare vehicles are inspected annually
Maintaining records of all rideshares provided for at least one year
Maintaining complete records of all drivers, including name and address

If an investigation reveals that Uber failed to meet its legal obligations, you may have an additional liability claim against the company. However, even when all these regulations are followed, it is not a guarantee that every Uber driver will drive safely and responsibly.

Statute of Limitations

After any North Carolina car accident, injury victims have a three-year time limit to settle an injury claim or file a personal injury lawsuit. This is called the Statute of Limitations.

Although that seems like a lot of time, if you think you may end up needing to file a lawsuit, it’s best to speak with an attorney and begin working on your case as soon as possible.

If you don’t take steps to preserve evidence soon, it may not be available later. Furthermore, it will take time to heal from your injuries, collect and analyze crash evidence and medical bills, and go through multiple rounds of negotiation with the insurance company, and if necessary prepare to sue. The earlier you and your attorney begin this work, the more likely it will result in a good outcome.

Compensation After an Uber Accident

As with any other personal injury, victims of Uber accidents in North Carolina have the right to pursue compensation for the losses they’ve suffered as a result of the crash.

This includes things like:

Past and future medical bills
Past and future lost wages
Other financial costs made necessary as a result of the crash (childcare services, domestic services, transportation costs, vocational training, etc.)
Non-financial losses such as physical pain and suffering, emotional trauma, disfigurement, etc.

Calculating a fair settlement amount after a crash is not a simple task, particularly if your injuries are severe. Estimating just the future financial costs alone may require input from doctors, medical specialists, life care planners, and other experts. Determining what’s “fair” compensation for non-economic losses like pain and suffering is even more subjective.

In most cases, unless your accident was a minor one, working with an experienced car accident attorney is the best way to defend your rights and obtain a fair recovery.

How an Experienced Uber Accident Attorney Can Help

Uber accidents are often complex, and a personal injury attorney with experience handling Uber accident claims can help you navigate those complexities and defend your rights.

Specific ways an attorney can help include:

Establishing fault. North Carolina is a contributory negligence state, meaning that if the Uber driver’s insurance company can show that an injury victim is even 1% at fault for the accident, they cannot obtain financial compensation. This is an extremely high standard, and insurance companies can take advantage of unprepared clients to negate valid claims. Your attorney can help you clearly establish who was at fault and defend your right to compensation.
Identifying all applicable insurance coverage. If necessary, your lawyer can help you obtain the records that will show whether the Uber driver had their app open or had accepted a fare, what level of liability coverage applies to your situation, and whether there are other pools of insurance available (such as through your own underinsured motorist coverage).
Calculating damages. Your attorney will gather medical records, talk to expert witnesses, and talk to your family and friends. They will compile evidence that supports a truly fair settlement demand and help you get the compensation you’re entitled to.
Dealing with the insurance company. Your attorney can handle all the negotiations with the insurance company and advocate for your best interests. They can also advise you about whether the settlement amount the insurance company is offering is fair, and should be prepared to file lawsuit for you if that’s the only way to get the compensation you deserve.
Getting you the care you need. An attorney’s job is not limited to legal matters. A great attorney can help ensure you get the medical attention you need, see the right specialists, and focus on your health and recovery.

Contact Myers Law Firm Today

If you or someone has been hurt in a rideshare accident, contact Myers Law Firm today for a free case review with a personal injury lawyer. Our team knows how to handle Uber car accident claims. We’ll give you honest advice about your insurance claim, whether we think you have a case, and whether we believe we can help you.

To request your free consultation, just call (888) 376-2889 or complete our simple online contact form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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What to Do About Neck Pain After a North Carolina Car Accident

What to Do About Neck Pain After a North Carolina Car Accident
What’s Causing My Neck Pain After a Car Crash?
What Is Whiplash?
What Should I Do About My Neck Pain After a Car Accident?
Can I Get Compensation for My Neck Pain After a Car Accident in North Carolina?
Myers Law Firm Is Ready to Make Your Personal Injury Concerns Our Own

What to Do About Neck Pain After a North Carolina Car Accident

Neck pain is a very common symptom after a car accident in North Carolina, and it can be one of the most frustrating after-effects of a crash. When your neck hurts, everything hurts, and neck pain can range from tolerable to completely disabling.

Whatever the cause, pain is your body’s way to tell you that something is wrong. If you’re experiencing neck pain after a car wreck, it’s important to pay attention to your symptoms, take the feedback coming from your body seriously, and see a doctor for medical care and treatment right away.

Furthermore, if someone else caused the crash that injured you, it’s important to talk with an experienced car accident attorney right away. You may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. An attorney can help you understand your legal rights and your options to recover compensation for your injuries.

What’s Causing My Neck Pain After a Car Crash?

Your neck is an incredibly complex structure that contains bones, cartilage, joints, nerves, muscles, soft tissues, and your spinal cord (which is technically a big bundle of nerves). Any of these structures can be damaged or injured in a car accident or other traumatic event, which means there are many different types and experiences of neck pain.

Some of the most common types of neck pain that people experience after a car wreck include:

Acute neck pain: For some people, a neck injury creates neck pain that is immediate, obvious, and severe. Usually, this level of immediate pain requires swift medical treatment.
Delayed neck pain: Not all neck injuries create severe pain right away. In some cases, victims only begin to feel neck pain days or even weeks after an injury. In other cases, the neck pain seems mild or tolerable at first but then keeps getting worse over time.
Chronic neck pain: Neck injuries are notorious for creating pain and other symptoms that can linger for months or even years. When neck pain persists over a long period of time, it’s called chronic neck pain.
Nerve pain: Neck injuries can damage or put pressure on your nerves, which might create nerve pain. Many people who suffer nerve pain describe it as a shooting, stabbing, or burning sensation, almost like an electric shock. Episodes of nerve pain might happen when you move or turn your neck, but they also can come seemingly out of nowhere.
Joint pain: A joint is a spot where two bones connect, and your neck has several joints. If the connective tissue in these joints get damaged, it can cause pain and affect your ability to move, turn, and flex your neck.
Muscle pain and spasms: Muscle pain is often described as a dull, aching, or shooting type of pain. Meanwhile, a muscle spasm can feel like a sudden tightening, cramping, or stiffening of your neck muscles. Either type of pain can signal a serious injury to your neck muscles.
Frequent headaches: Neck injuries can create pain that doesn’t even feel like it’s coming from your neck, and chronic headaches are a prime example. If you’re experiencing frequent headaches after a crash, it could be a symptom of a serious spinal or neck injury.

Several different types of neck injuries can cause the types of pain listed. Some of the most common neck injuries include:

Herniated discs

Discs are rubbery structures that sit between the bones of your spine and cushion them. Each disc has a firm outer layer and a soft interior. When a disc gets injured and the firm exterior gets torn open, the soft inside part can bulge out. This injury is often called a herniated or ruptured disc.

Bone fractures

Your bones that are built to withstand day-to-day jolts and impacts, but the massive force of a car accident can easily break them. When a bone breaks — either partially or completely—it’s called a fracture. The bones in your neck are complicated and critical to the function of your neck and back, so any fracture in these bones can lead to serious and painful consequences.

Pinched nerves

When the tissues or bones around a nerve are damaged, they can swell or move and press on the nerve directly. This condition, known as a pinched nerve or compressed nerve, can lead to intense, electric shock-like nerve pain. The shocks can travel down your arms and into your fingers.

Facet joint injuries

The spot where two bones connect is called a joint, and the joints that connect the bones of your spine are called facet joints. Each joint has connective tissue that links the bones together and allows them to move. If this connective tissue gets damaged, it can cause pain and restrict the bones’ ability to move. Facet joint injuries often result in pain when moving your neck or head. A joint injury to your neck can also be called a neck sprain.

Soft tissue injuries

“Soft tissue” refers to the muscles, tendons, and ligaments that enable your neck (and other body parts) to move. Damage to these soft tissues can cause pain, stiffness, and reduced range of motion.

Spinal cord injuries

The spinal cord is a bundle of nerves that runs through your back and into the brain. This nerve bundle is an extremely critical structure that brings signals from your brain to the rest of the body and vice versa. Injuries to the spinal nerves can be life-altering or even life-threatening.

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What Is Whiplash?

It’s a surprisingly common experience for car wreck victims: their neck feels okay for hours, a day, or even several days after the crash. Then, suddenly, neck pain, stiffness, and headaches begin to set in. And in many cases, the victim doesn’t even remember hitting their head or neck in the crash at all. What in the world is going on?

This type of experience is very common among car wreck victims who suffer from whiplash, which is a type of neck strain. A whiplash injury can happen when a car accident causes your head and neck to whip violently back and forth immediately after impact; you don’t necessarily have to hit your head.

The symptoms of whiplash can include:

Pain, decreased range of motion, and tightness in the neck
A feeling that your neck muscles are hard or knotted
Pain when rocking your head from side to side or back and forth
Pain or stiffness when moving your head to look over your shoulder
Tenderness and aching
Headaches at the base of the skull that radiate toward the forehead

Whiplash injuries can heal on their own over time, but some victims of car accidents suffer from symptoms for a long time after a crash. As with other neck injuries, it’s important to take your whiplash symptoms seriously, communicate them to your doctor, and receive any treatment your doctor recommends.

Insurance companies are notorious for dismissing the very real pain and suffering of whiplash victims after a wreck, so it’s extremely important to build a medical record of your diagnosis, treatments, and medical bills. Your attorney can use this medical evidence to show the real costs of your injury when the insurance company tries to minimize your pain or argue that your injury isn’t related to the crash.

Whiplash is a common sports injury as well, so if you participate in any kind of sporting or outdoor activities, the insurance company may try to blame those activities for your neck pain. Again, the best way to counter this type of tactic from the insurance company is to communicate with your doctor about what you are experiencing and work with an experienced attorney who can put together strong evidence and arguments that prove the real cause of your injuries.

What Should I Do About My Neck Pain After a Car Accident?

Whenever neck pain sets in after a car wreck, it’s important to talk to your doctor right away and tell them what you’re experiencing. A capable doctor should recognize the potential seriousness of a neck injury and perform a thorough evaluation, which may include diagnostic tests like an X-ray, CT scan, or MRI.

Make sure to tell the doctor all the symptoms you’re experiencing, such as pain, stiffness, headaches, or even symptoms that seem unrelated like dizziness or a ringing in your ears. Many people who suffer neck injuries in a car crash also suffered head or brain injuries, and telling your doctor all your symptoms can be critical to getting an accurate diagnosis of all the injuries you’ve suffered.

If your doctor recommends medical treatment or follow-up appointments, make sure to follow the recommended treatment plan exactly. Not following your doctor’s advice can not only compromise your health, but hurt your legal case too.

What Are the Most Common Medical Treatments for Neck Pain After a Car Crash?

Treatments for neck injuries can include any or all of the following:

Surgery, including initial emergency surgery and later follow-up surgeries; some victims require many surgeries to improve as much as possible
Injections of steroids like cortisone that can reduce inflammation and swelling
Prescription and over-the-counter (OTC) medications, including pain medication and anti-inflammatory medicines
Physical therapy
Massage therapy
Acupuncture and other complementary therapies recommended by your doctor

Home remedies such as ice, moist heat, and stretching can also provide some pain relief and symptom relief. You shouldn’t try to use at-home care as a substitute for proper medical treatment from a healthcare provider, but home remedies can complement your treatment plan and might make your pain and symptoms more tolerable, especially between scheduled treatments or between doses of prescribed medication.

Can I Get Compensation for My Neck Pain After a Car Accident in North Carolina?

The law in North Carolina gives injured victims the right to file a personal injury claim and recover financial compensation when they suffer injuries and losses because of someone else’s negligence. The process of building a personal injury claim should start as soon as possible after the car wreck or other injury-causing event.

A successful personal injury claim involves first proving that another person’s negligence caused your injuries. Then, you and your attorney need to prove the total damages, which are all the costs and losses that resulted from the negligent behavior.

Proving negligence requires a careful, thorough investigation of the crash, which may include analyzing forensic evidence and hiring specialists to re-create the crash and demonstrate what caused it. And proving your damages requires lots of evidence, including complete records from every hospital, doctor, pharmacy, and healthcare provider you’ve visited for treatment related to the crash. For victims who are suffering chronic pain or life-altering injuries, it might be necessary to consult with a specialist who can estimate the costs of those injuries and symptoms going forward.

If building a complex and detailed legal case while you’re recovering from car wreck injuries sounds exhausting and overwhelming, don’t worry—you don’t have to. An experienced personal injury lawyer should be able to handle all the details of pursuing a personal injury claim and building a case, including gathering medical evidence, communicating with the insurance company, and investigating the crash to uncover all the factors that caused it.

Meanwhile, you can focus on your recovery and your medical treatment while checking in with your lawyer as needed. At some point, the insurance company may require you to answer questions during a deposition or attend a medical exam conducted by a doctor of their choice, but your attorney should let you know when to expect these events and help you prepare for them.

Although your attorney will do most of the work, you can make your case even stronger with some record-keeping of your own. As you recover from your injuries, it helps to keep a diary or journal that describes all of your symptoms, costs, and lost wages as well as the ways in which the injury has affected your life and your mental and physical heath. Together with the medical evidence from your treatment and recovery, your own records can help your attorney build a powerful and accurate picture of all the damages you’ve suffered because of the car wreck that injured you.

Myers Law Firm Is Ready to Make Your Personal Injury Concerns Our Own

Myers Law Firm is ready to meet with you to discuss your car accident case and review important documents. We can take this information to do our own investigation and then reach out to the insurance company on your behalf. We’ll work through the negotiation process, followed by filing a lawsuit if the insurance company doesn’t offer a reasonable settlement.

Our initial consultation is free, and from there, we’ll work with you to build a case for the compensation you’re entitled to under North Carolina law. Our experienced, compassionate team is ready to stand up for you.

Contact us today by calling (888) 376-2889 or complete our simple online contact form to schedule your free consultation.

Reference
Neck strain and whiplash. (n.d.). WebMD. https://www.webmd.com/back-pain/neck-strain-whiplash

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Can You Sue a Minor for a Car Accident in North Carolina?

Can You Sue a Minor for a Car Accident in North Carolina?
Can a Child Be Considered Negligent in a Car Accident Case?
Who Pays for My Medical Expenses and Other Damages After a North Carolina Car Accident Caused by a Minor?
What to Do If You Are Hit By a Minor Driver
How Can Parents Protect Themselves if They Have a Teen Driver?
Teach Your Child Safe Driving Practices
Myers Law Firm Can Help

Can You Sue a Minor for a Car Accident in North Carolina?

Driver inexperience is one of the leading contributing factors for car accidents. In 2021, there were 49,606 car accidents in North Carolina that involved at least one teenage driver—nearly 18% of all reported crashes.

Under North Carolina law, you cannot sue a minor under the age of 18 directly. However, a child as young as 15 can obtain a learner’s permit, and can begin some unsupervised driving as young as 16 and a half years old.

So, what happens when a minor child driver is responsible for your injuries? Who will pay for your medical bills, lost wages, pain and suffering, and other damages? What are your options if the child’s insurance company refuses to pay you a fair settlement?

The good news is that you do still have legal rights and a likely path to recover compensation.

Can a Child Be Considered Negligent in a Car Accident Case?

The short answer to this question is yes.

Let’s quickly define negligence, which is a legal term with a precise meaning. In order to be negligent (or in other words, “at fault”), a person needs to:

Have a duty of care to another person.
Violate that duty of care.
Cause damage or injury to the other person as a result.

A child can meet this definition of negligence, but the hard part is determining whether or not the child has a “duty of care” in each specific instance. Young children may not be capable of truly understanding the consequences of their actions, and can’t always be held to the same standard as adults.

North Carolina addresses this concern by following the “rule of sevens” when it comes to the presumption of negligence in a personal injury claim:

A child aged 0-7 cannot be negligent in a personal injury case.
A child aged 8-14 is generally presumed to be incapable of negligence in most instances. However, this can be overruled if a court determines the child was old enough to know better, and failed to exercise a reasonable level of care.
A child aged 15-18 is generally presumed to be capable of negligence in most instances. The onus would be on the defense to prove otherwise.

Since 15 is the youngest age that a minor child can legally get behind the wheel of a car—and even then, only after passing a driver education course and test—teen drivers are presumed to be capable of negligence and are therefore held responsible for accidents that they cause.

However, this still does not necessarily mean you can sue them directly, or that the child will ultimately be directly responsible for paying your damages.

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Who Pays for My Medical Expenses and Other Damages After a North Carolina Car Accident Caused by a Minor?

In most cases, the parents or legal guardians, via their insurance company, will be responsible to pay for damages caused by a driver under the age of 18.

Making an Insurance Claim Against a Teen Driver’s Insurance

Teenage drivers who still only have a learner’s permit are covered automatically by their parents’ or legal guardian’s auto insurance policy.

Once a young driver is ready to get their limited provisional license (which can happen at age 16), they will need to provide proof of liability coverage. In other words, you cannot get a driver’s license in North Carolina without proof of liability insurance.

The good news is that the majority of car accident personal injury claims are settled without requiring the injured party to file a lawsuit. If it’s clear that the teen driver was responsible for the accident, and you have strong supporting evidence for the damages you are claiming, you may be able to avoid getting the court involved.

Making a Personal Injury Claim Against the Parents Under the Family Purpose Doctrine

If the teen driver’s insurance company is refusing to pay you a fair settlement, you may still be able to file a lawsuit against the owner of the vehicle (usually the driver’s parents) thanks to the Family Purpose Doctrine.

Under normal circumstances, an injured person is not allowed to file a personal injury lawsuit against a child in North Carolina, or sue someone for someone else’s negligence. The Family Purpose Doctrine provides an exception by allowing an injured person to file a claim against the owner of a motor vehicle after an accident caused by a driver other than the owner, under certain circumstances:

The driver is a family member or member of the household, living under the same roof. (This applies to all members of the household, not just minor children.)
The owner of the vehicle provided and maintained the vehicle for the general use and convenience of family members.
The vehicle was being used with the express or implied consent of the owner at the time of the accident.

In other words, if 16-year-old Jimmy is using his mom’s car with her consent to drive to school or grab some groceries for the family and he rear-ends you, Jimmy’s mom might be liable for any damages or injuries you incur.

On the other hand, if 17-year-old Sally “borrows” her aunt’s car (who lives at a separate address) without her consent to sneak out to a party and runs a red light, Sally’s aunt would not be liable under the Family Purpose Doctrine.

What to Do If You Are Hit By a Minor Driver

Just like any other motor vehicle accident, be sure to call the police to report the incident and request an officer come to the scene.

If you are seriously hurt, call for emergency medical care. If you experience any symptoms at all, even minor ones, you should still seek medical attention as soon as possible, ideally within 24 hours. Symptoms can get worse over time, and you may be hurt worse than you think. Seeing the doctor right away means you get the care you need, and begin accumulating relevant medical records to support a personal injury claim.

Safely assess any damage to yourself and your property and make sure the other driver is okay. Get photos of the accident scene, vehicle damage, injuries you sustained, and anything else that could be relevant (including road conditions, weather, etc.)

Exchange contact and insurance information with the other driver. If the other driver is a minor driving a parent’s vehicle, you will want to make sure get you get a name and contact information not only from the driver, but also from the parent or legal guardian who owns the vehicle. If the parent or guardian lives nearby and can come to the scene, it may be best to wait for them to arrive if possible.

Finally, as soon as possible, reach out to an experienced personal injury lawyer and schedule a free consultation to discuss your car accident case and any legal options you may have.

How Can Parents Protect Themselves if They Have a Teen Driver?

So far, we’ve talked about what happens if you’re injured by a teen driver. But what if you’re the parent of a teen driver? What’s the best way to keep them (and the others on the road) safe? And how can you provide financial protection for your family if your child does cause an accident?

Here are a few things to consider:

Own Insurance Versus Family Insurance

Once a child earns their driver’s license, most parents choose to simply add their teen driver onto the family insurance policy. Many insurers will in fact require this if you have a child with a driver’s license living at home.

However, a different option (if your insurance carrier allows it) might be to purchase a separate policy for your teen driver, if they have their own car titled in their name. (Under North Carolina law, anyone with a valid driver’s license can own a car—even 16 and 17-year-olds.)

There are pros and cons to each approach. Having your teen insured separately will often be more expensive than adding them to you plan, at least up front. However, if your teen does get into an accident, rates for other drivers in the family won’t jump.

Talk to your insurance agent for more information about options and pricing.

Teach Your Child Safe Driving Practices

As your new driver is learning the rules of the road, be sure to communicate with them about liability and how insurance works. Discuss the major causes of teen driver accidents and how to mitigate their risks.

Driving Under the Influence of Alcohol or Drugs

Driving under the influence of alcohol or drugs is a common contributing factor in serious auto accidents—even for teen drivers who can’t legally drink. If your teen finds themselves under the influence, make sure they feel comfortable calling you or another trusted adult for a ride home instead of chancing it on the road. Admitting to underage drinking or drug use is far better than putting lives in danger.

Texting and Driving

Cellphone addiction is rampant, especially among teens. Texting while driving is especially hazardous—far more dangerous than even drunk driving, according to the NHTSA. Talk to your teen about the consequences of texting and driving and how to resist the urge to look every time the phone goes “buzz.”

Inclement Weather

Weather conditions are a huge factor in motor vehicle accidents around the country—whether it’s heavy rain, snow, or fog. Be sure your teen practices in different weather conditions as much as possible before letting them loose in inclement weather. Also practice driving in bright sunlight and pitch dark.

Basic Driving Safety

Always reinforce the basic safety habits any driver should observe, such as wearing your seatbelt, using your turn signals, and checking before merging into a different lane. Create a checklist of safety features your teen should recognize before putting the car in drive.

Myers Law Firm Can Help

If you or a family member were injured in an accident caused by a teen driver, call Myers Law Firm. We understand the intricacies of the law and Family Purpose Doctrine. We can help you understand your legal options and navigate the best course of action.

We offer free initial consultations for all car accident cases and do not get paid unless we win your case. The sooner you contact an attorney, the easier it may be to preserve and gather critical evidence, and the more time we will have to prepare a comprehensive legal strategy before reaching the statute of limitations.

To schedule your free consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form.

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How Much Compensation Do You Get for a Brain Injury After a Car Accident?

By: Steve Gursten

How Much Compensation Do You Get for a Brain Injury After a a Car Accident?
Your Brain Injury Compensation Will Depend on Many Factors
A Traumatic Brain Injury Can Change Your Life Forever
After a Brain Injury, Consider Your Lifetime Needs Before You Accept and Traumatic Brain Injury Settlement
Ways You Can Strengthen Your Traumatic Injury Claim
Living With a Brain Injury: Speak With a Personal Injury Lawyer Who Can Help You Understand Your Legal Rights and Options
Myers Law Firm: Schedule Your Free Consultation Today
About Steve Gursten

How Much Compensation Do You Get for a Brain Injury After a Car Accident?

If you or someone you know has suffered a brain injury after a car accident and are facing a difficult recovery, you may be wondering how you will manage all the medical bills, lost income, and pain and suffering. However, before you accept the insurance company’s first settlement offer, consider your options and consult with an experienced personal injury attorney.

While the amount of money you may be awarded will depend on many factors, it is important to know that there are many options available to help ease the financial burden caused by a brain injury. A lawyer, especially one who handles complex brain injuries, can help you understand those options and get you the answers and accountability you deserve.

In this article, we explain traumatic brain injuries, their average settlement value, and ways you can strengthen your personal injury case.

Your Brain Injury Compensation Will Depend on Many Factors

No two traumatic brain injury claims are the same, and there really isn’t an “average” brain injury settlement. Your case is as unique as you are, and its value will depend on a variety of factors:

The severity of your traumatic brain injury
How long it takes your injuries to heal (or if they are permanent)
How much medical and long-term care you need, both now and in the future
Whether you can return to work (and in what capacity)
The circumstances surrounding your injury
The amount of insurance coverage that applies to your case
The skill of your personal injury lawyer

While there are many variables that you’ll need to consider, one thing is usually true: the insurance company’s first settlement offer will undervalue your brain injury claim.

Insurance companies are for-profit businesses, and they do everything in their power to settle injury claims as quickly and cheaply as possible. So, even if that initial settlement offer seems “fair,” it’s a good idea to consult with a lawyer. After all, an initial consultation is always free.

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A Traumatic Brain Injury Can Change Your Life Forever

When doctors categorize traumatic brain injuries, they typically divide them into three categories:

Mild traumatic brain injury, which includes concussions
Moderate traumatic brain injury
Severe traumatic brain injury

Moderate and severe TBIs involve a significant loss of consciousness and injuries like contusions and brain bleeds will often (but not always) show up on the victim’s MRI, CT, and other imaging studies.

Mild traumatic brain injuries are another matter. These brain injuries, which typically involve little to no loss of consciousness, do not typically show up on most traditional imaging studies. But even if the ER doctors say that you are “within normal limits,” you might experience serious, life-changing symptoms:

Head and neck pain
Nausea
Poor concentration and attention
Difficulties making decisions and completing tasks
Fatigue and sleep disruption
Sensitivity to light and sound
Ringing in your ears (tinnitus)
Mood and personality changes

I’ve written extensively about why mTBIs (mild traumatic brain injuries) are both under-diagnosed and undervalued by insurance companies. Even when mTBI symptoms are present after the crash, ER doctors may prioritize more urgent injuries (such as broken bones), or simply may not be well trained in diagnosing brain injuries. Insurance companies will jump on the lack of an early diagnosis, inconclusive brain scans, or the fact that symptoms are self-reported to argue that your brain injury is made up or not as serious as you claim.

But even though the insurance company might try to minimize your symptoms, you should never underestimate the effects of a concussion or a mild brain injury.

After a Brain Injury, Consider Your Lifetime Needs Before You Accept a Traumatic Brain Injury Settlement

Of course, no amount of compensation can ever fully make up for the physical, mental, and emotional effects of a traumatic brain injury. Survivors can experience difficulties with mobility, memory loss, language problems, concentration difficulties and changes to their personality or behavior. There may also be financial implications due to having to pay for care or relearning everyday skills.

That being said, financial compensation is the only legal remedy available to brain injury victims, and that means it’s necessary to come up with a reasonable amount that you should receive. Depending on the nature of your injury and other factors, you may be eligible for compensation to help cover medical costs, lost wages due to time spent away from work, and non-economic damages like pain and suffering.

It is important that those who have suffered from a traumatic brain injury obtain the necessary support—both in terms of medical aid and legal guidance—in order to ensure they receive the compensation they are entitled to for their injuries.

But before you accept a traumatic brain injury settlement, either for yourself or a loved one, consider all the implications. Once you settle a traumatic brain injury claim, you cannot go back and demand additional compensation from the wrongdoer. So, if you accept an unreasonably low settlement, the financial implications can be profound.

To get a better understanding of your options after being diagnosed with a mild brain injury, you should consult with an experienced lawyer who can provide guidance in the process while assisting in getting you the recovery you deserve.

Under North Carolina law (N.C.G.S. 20-279.21(d1)), there is a designated procedure for an owner and an insurance company to request an arbitration-like procedure before going all the way to a trial. Under this procedure, the insurance company and the owner each hire an expert appraiser to determine the diminution in value suffered by the owner. These two experts get together and try to agree with each other. (This rarely happens because of the low value given to the claim by the insurance company expert due to the insurance company experts wanting to keep working for the insurance companies.) If they cannot agree, then the two experts appoint an umpire. The umpire reviews the basis for the opinions found by the two experts and either picks one or determines a value in between the two. The umpire cannot go above or below the two appraiser values. If either party is not happy with this procedure, they can then proceed to trial by notifying the other within 15 days.

Ways You Can Strengthen Your Traumatic Injury Claim

There are ways you can improve your personal claim, and we’d encourage you to do all of them.

Get Consistent Medical Care

Don’t assume that your head pain or memory loss will go away on its own after a mild traumatic brain injury. Instead, seek medical care and discuss all your symptoms with your doctors. This can help your medical team properly diagnose and treat your TBI. And your medical records will serve as powerful evidence during an injury claim.

Don’t Minimize Your Symptoms

It can be hard to talk about a brain injury, especially if you’re experiencing memory loss, mood changes, and other life-changing symptoms. However, if you aren’t honest with your family, your doctors, and your legal team, they won’t be able to help you. And if you’re having a hard time coping with the effects of a TBI, consider speaking with a counselor or another mental health provider.

Living With a Brain Injury? Speak With a Personal Injury Lawyer Who Can Help You Understand Your Legal Rights and Options

An experienced brain injury attorney will work alongside your doctors, medical experts, economists, life care planners, and other experts to fairly calculate your traumatic brain injury compensation. They will also identify each and every person or company that contributed to your brain injury and will aggressively negotiate with their insurance companies.

A lawyer also offers brain injury victims peace of mind. When you hire an attorney, you don’t have to worry about the details of your traumatic brain injury case, like compiling medical records and calculating economic and non-economic damages. Instead, you and your loved ones can focus on the healing process and managing all your doctor and therapy appointments.

Myers Law Firm: Schedule Your Free Consultation Today

The attorneys at Myers Law Firm help brain injury victims in Charlotte, Mecklenburg County, and all over North Carolina get the compensation they deserve. If you or a loved one has been injured due to someone else’s negligence, they’re here to help. When you choose Myers Law Firm to represent you, they’ll act as your advocate and use their legal experience and resources to fight relentlessly on your behalf until your case reaches a resolution.

Call the Myers Law Firm offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation.

About Steve Gursten

Steven Gursten is a recognized leader in auto accident law both in Michigan and nationwide. He is the current president of the American Association for Justice (AAJ) Distracted Driving Litigation Group, and a past-president of many other litigation groups and organizations. Steven speaks throughout the country every year, teaching lawyers on such subjects as trial advocacy, traumatic brain injury, truck accident litigation, and on maximizing auto accident settlements.

To learn more about his practice, please visit the Michigan Auto Law website.

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Is North Carolina a No-Fault State for Auto Accidents?

Is North Carolina a No-Fault State for Auto Accidents?
What Is the Difference Between a No-Fault and an At-Fault State?
North Carolina Fault Laws for Auto Accidents
Proving Fault After a North Carolina Auto Accident
What Should I Do After a Car Accident in North Carolina?
Contact Myers Law Firm if You’ve Been Injured in Charlotte, North Carolina

Is North Carolina a No-Fault State for Auto Accidents?

No. North Carolina is not considered a “no-fault” state when it comes to car accidents. North Carolina is an at-fault state, which means that the insurance company of the at-fault driver bears the primary responsibility for paying for your medical costs, lost wages, and other damages.

But that’s only part of the story. North Carolina is one of just a few states that has an especially strict rule about liability called contributory negligence, meaning you could lose your right to compensation if you were even slightly responsible for your accident. Further, just because North Carolina isn’t a no-fault state doesn’t mean you can’t buy no-fault auto insurance.

Confused? Let’s take a closer look at the law. Keep reading to learn more about North Carolina law and how it may affect your auto accident case.

What Is the Difference Between a No-Fault and an At-Fault State?

Although every state has unique laws governing auto accident insurance rules, they can all be broadly categorized as at-fault states or no-fault states. The main difference is who bears the primary responsibility for paying damages to an injured person after an auto accident.

In an at-fault state like North Carolina, the negligent driver who causes a car crash must pay for damages to both people and property. Under these systems, if you weren’t at fault, you should be eligible for compensation from the at-fault driver’s car insurance policy.
In a no-fault state, both drivers file claims for compensation with their own insurance company after a collision, regardless of who was at fault for the wreck.

Keep in mind, though, that even in an at-fault state, you probably still have no-fault insurance through your own insurance provider, also known as medical payments (med pay) coverage. In an at-fault state, your med pay benefits can help quickly pay for medical expenses while your car accident claim is pending. They can also provide much-needed support if you caused the accident.

Likewise, even in a no-fault state, no-fault benefits only cover medical care and wage losses, and usually only up to a certain cap. So, if your total damages exceed the no-fault cap, or you suffered non-economic injuries like pain and suffering, you’d still need to file a claim against the at-fault driver to receive the full compensation you deserve.

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North Carolina Fault Laws for Auto Accidents

North Carolina requires that every driver carry auto insurance coverage for any vehicles they use on the road. The minimum liability coverage requirements in our state are:

$30,000 of bodily injury coverage for each person in a crash
$60,000 of total bodily injury for all persons in a crash
$25,000 for property damage

This means that if you cause an accident, your insurance company will pay for the damages you caused to the injured driver up to at least these amounts (or higher, if you purchased more than the minimum coverage).

While we are an at-fault state, North Carolina also applies a rule for personal injury claims known as contributory negligence. This rule says that any driver involved in an accident who contributed to the crash (even in the slightest way) cannot get compensation for their injuries by filing a personal injury claim.

Contributory Negligence Explained

Let’s suppose you’re driving over the speed limit and another driver pulls out in front of you, causing a car accident. The insurance company and their attorneys may try to claim that your speeding contributed to the accident, even if the contribution was tiny. If they succeed, you’ll lose your right to compensation. However, the insurance company has the burden of proof on this issue, and they need to have a legitimate claim that your fault was a cause of the crash.

Only three other states and the District of Columbia use this system, which is very unfair to injured victims. When you file a personal injury claim in a state that applies contributory negligence laws, you may have two burdens of proof on you.

First, you need to prove that the person who hurt you was negligent. If the insurance company claims you were contributorily negligent, they only need to prove you were 1% at fault. Second, you need to prove that the other driver had the “last clear chance” to avoid the crash. This can get complicated. So, having a skilled and experienced personal injury attorney on your side in North Carolina is extremely important if you want to receive compensation.

Proving Fault After a North Carolina Auto Accident

Contributory negligence can make life very difficult for injured victims. However, injured victims can still receive compensation— they just have to prove they were not at fault or that the negligent driver who injured them had the last chance to avoid the collision. If they succeed, the insurance carrier for the reckless driver must pay the damages that resulted from the crash, including medical bills, lost wages, pain and suffering, and property damage.

So, how can you and your car accident lawyer go about proving your case? Here are the steps in that process.

Gather documents: Your attorney will collect all documentation related to your claim, including the police report, photos of the damages to the cars, as well as all medical records and bills. These documents can help prove the extent and costs of your injuries.
Collect testimony from fact witnesses and expert witnesses: A fact witness is a person who saw the crash. While expert witnesses may not have seen the crash, they can draw from their own expertise as well as tools like crash reconstruction software and medical tests to talk about the wreck or your injuries.
Present visual evidence: Your attorney will gather, organize, and present all photographs from the scene as well as video footage from local businesses and traffic light cameras. Your lawyer may also provide pictures of your injuries. These images can serve as important evidence and help the jury understand what you’ve been through.

No matter how you choose to proceed, remember that contributory negligence could be a critical factor that determines whether you receive compensation for your injuries. Your goal should be to present as much objective evidence as possible during your insurance claim and any litigation that follows. Usually, the best way to gather the critical evidence you need is to contact an experienced personal injury lawyer as soon as possible after the crash.

What Should I Do After a Car Accident in North Carolina?

After a car crash, the first thing you should do is make sure everyone is safe, call the relevant authorities, and exchange contact information. From there, you should try to collect any evidence from the scene that you can, such as photos and witness statements. (If you’re injured, this may not be possible, so you’ll need an attorney to help.)

Finally, you’ll want to contact a skilled car accident attorney who can help explain North Carolina’s fault laws for auto accidents and how they could affect your personal injury claim.

Contact Myers Law Firm if You’ve Been Injured in Charlotte, North Carolina

At Myers Law Firm, our experienced personal injury attorneys understand that stress, anger, and confusion often accompany a senseless injury. If you or a loved one has been injured due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our legal experience and resources to fight relentlessly on your behalf until your case reaches a resolution.

Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with us. We will use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Posting on Social Media After a Car Accident in North Carolina Can Wreck Your Case—Here’s How

Posting on Social Media After a Car Accident in North Carolina Can Wreck Your Case—Here’s How
When You Post on Social Media, the Insurance Company Sees It, Too
5 Ways Social Media Can Be Used Against You in a Personal Injury Case
The Best Solution? Stay Off Social Media as Much as Possible After a Car Accident
Contact Myers Law Firm if You’ve Been Hurt in a Car Accident in North Carolina

Posting on Social Media After a Car Accident in North Carolina Can Wreck Your Case—Here's How

After a traumatic car crash, it’s natural to want to reach out to family and friends. Whether you’re looking for support, sympathy, or just an opportunity to vent your frustrations, social media sites like Facebook, Twitter, and Instagram can provide that outlet.

Unfortunately, when you use social media after a car accident, you may be setting a trap for yourself—especially if you plan to (or already have) filed an insurance claim or personal injury lawsuit. In some cases, even a seemingly innocent post that has nothing to do with the crash or the case could damage or even destroy your personal injury claim.

To help you understand how your social media activity can harm your legal case after a car accident, we’ve put together a list of common ways that the defense attorneys in your case could use the posts, comments, and pictures from your social media accounts against you.

When You Post on Social Media, the Insurance Company Sees It, Too

After a car accident, the auto insurer is going to conduct an independent investigation of your claim and gather evidence about the crash, your injuries, and your medical treatment.

It’s important to understand that their investigation is not neutral or impartial, and the insurance adjuster is not your friend. Insurance companies have a financial incentive to deny accident victims’ claims, so they look carefully and thoroughly for any evidence that can be used to harm your personal injury case.

Unfortunately, it’s not unusual for them to find that evidence on your social media accounts and public posts. You should assume that anything you post publicly, or is posted about you publicly, will be seen by the insurer. And that means you need to be careful.

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5 Ways Social Media Can Be Used Against You in a Personal Injury Case

Even if you think you have nothing to hide, the unfortunate reality is that words, images, and even location check-ins that seem totally innocent—or even completely irrelevant—could be twisted and used against you by an insurance company acting in bad faith.

Here are a few of the most common tactics.

1. Your Comments About the Crash Might Be Interpreted as an Admission of Fault

People say all sorts of things in the stressful moments after a crash, and they have a natural tendency to want to apologize—or give others the benefit of doubt—even when it wasn’t their fault. Unfortunately, these statements can hurt your case, especially when social media preserves them for the defense to review and use against you.

Even brief comments that seem innocent, like “I never saw them coming” or “I couldn’t stop” give the other side something to work with as they try to argue that you played a role—even a minor one—in causing your own injuries.

In North Carolina, an admission of fault is especially costly. That’s because the state is one of just four in the U.S. that follows the doctrine of contributory negligence, which means that anyone who is even slightly at fault for an accident is barred from making any financial recovery. Even if a jury determines you were just 5% or even 1% responsible, you will still walk away with nothing.

2. Talking About Your Case Could Destroy Your Confidentiality

When you talk with your lawyer about your case in private, you have complete confidentiality. Attorney-client privilege prohibits the lawyer from disclosing the details of your conversation (or other correspondence, such as letters or emails) to anyone else, or from anyone finding out what you talked about with your lawyer.

However, the details of your case only remain confidential if you’ve shared them with your lawyer and no one else. If you share information about your car accident and subsequent recovery on social media, that information becomes public and can be used against you. This includes information about things like:

The circumstances of the crash
Your physical health
Medical conditions
Your mental health
Your emotional state

Any confidentiality protections that would have prevented the insurance company or their defense attorney from knowing about this information go out the window.

3. The Defense Might Use Your Activities to Claim You’re Not Really Hurt

Recovery from a car accident can be a long and difficult process, and every victim deserves bright moments in that journey. No one should expect you to be miserable all the time; attending a party with friends or having a night out at a sporting event might be the type of activity that lifts your spirits and motivates you to push forward in your recovery.

From the perspective of the insurance company and their lawyers, however, any moment of celebration or joy that you document on social media is ammunition they can use to claim you’re exaggerating your pain and suffering.

It doesn’t matter that your photo or status update doesn’t tell the full story. Maybe you were fighting through pain the entire time and barely managed to get out of the house. But even if there is an entirely innocent explanation, the insurer knows that these kinds of pictures can still have a large emotional impact on jury and put doubt in their minds. They won’t hesitate to pounce on anything they find in your social media feed and play it up as much as possible.

4. Even Being Too Active Online Might Hurt Your Case

So, you didn’t make any comments about the accident. You didn’t post any pictures of yourself at a birthday party or cookout having a beer with friends. That means you’re in the clear, right?

Maybe not. The insurance company could still try to use your overall activity level on social media as evidence that you’re exaggerating your injuries. If you’re posting, liking, commenting, or “checking in” constantly and you seem a little too upbeat or “normal” in your activities, the defense may try to argue that you haven’t experienced as much physical and emotional pain as you say.

This may seem completely ridiculous to the average person—should an injured and recovering victim not use their phone or computer and keep up with friends and family on social media? Still, it’s something you need to be ready for, because the defense will grasp at anything they can find to try and undermine your case.

5. Someone Else’s Posts Can Be Used Against You, Too

Even if you follow all the above advice to the letter, there’s one more important thing to remember—while you can control what you post, you can’t always control what others post about you. If those social media posts are visible to others, the insurance company’s investigation may find them.

It’s natural for parents, close family members, and other loved ones to want to show their love and support (or vent their frustrations) over social media. So you may need to have a very frank, honest discussion with them about why they shouldn’t do so, and how important it is. As bad as you would feel if one of your own posts wrecked your case, imagine how bad a loved one feel if the posted photos used against you by the defense were theirs.

Avoid discussing your car accident with anyone who does not need to know the details—in other words, your attorney and your medical team. If you are planning to spend time with others, ask them to refrain from posting about you, posting photos of you, tagging you in images, etc.

Finally, don’t accept friend requests from people you don’t know, or don’t know well. Ask your friends and loved ones to do the same. Unfortunately, this is a common (and easy) way that an investigator can gain access to supposedly “private” posts.

The Best Solution? Stay Off Social Media as Much as Possible After a Car Accident

We know it might sound difficult, but we usually recommend that victims stay off social media platforms completely after car accidents.

It might feel lonely and frustrating to be out of touch with people, but imagine how angry and helpless you’ll feel later if your social media activity ends up hurting your case and costing you tens of thousands of dollars (or more) in potential damages that you need to pay medical bills and expenses.

What About Making Posts Private?

While we do recommend that you set all your social media accounts to private as soon as possible after your accident, you should not let this give you a false sense of security. It might make it more difficult for the insurer to review your posts, but the reality is that they are often able to gain access anyway.

The privacy settings on your social media account don’t really matter when it comes to a personal injury lawsuit. Courts have repeatedly ruled that social media users can’t expect privacy when they post online. Even content marked or tagged as “private”—including direct messages to other users that are never intended to be seen by anyone else—can be used as evidence in lawsuits.

Truthfully, there’s no combination of privacy settings that can make your social media content “safe” after a car accident. You should always treat that anything you post as publicly accessible, regardless of settings.

What if I’ve Already Posted About My Accident on Social Media?

If you’ve already posted information on your social accounts and you’re regretting it after you read this article, do NOT go back and delete the posts or content in question. The consequences for this could be serious.

The court might view this as tampering with evidence, especially if the attorneys for the other side have already made a discovery request asking for access to your social media accounts. (It’s also worth noting that “deleting” a post doesn’t necessarily mean it’s gone forever—they could still be stored on the social media company’s servers, and potentially be retrieved.)

Instead, leave your social media accounts alone and call an experienced car accident attorney right away for advice about your case.

If you’ve been hurt in a car accident in North Carolina and you have questions about how you should handle social media, or whether posts you’ve already created could cause trouble, the attorneys at Myers Law Firm can help. Give us a call for a free, no-risk consultation with an experienced attorney from our team right away.

Contact Myers Law Firm if You’ve Been Hurt in a Car Accident in North Carolina

At Myers Law Firm, we understand that the time after a serious car crash is often confusing, stressful, and scary. If you or a loved one has been injured due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our legal experience and resources to fight relentlessly for you until your case reaches a resolution.

Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with us. We’ll use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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How Are Truck Accidents Different From Car Accidents?

How Are Truck Accidents Different From Car Accidents?
What to Expect During a North Carolina Truck Crash Case
What Factors Can Affect Compensation in a North Carolina Truck Accident Case?
How Do You Determine the Amount of Compensation From a Semi Truck Accident?
Myers Law Firm: Fighting for Truck Crash Victims

How Are Truck Accidents Different From Car Accidents?

Devastating injuries, huge medical bills, permanent limitations—all this and even worse can happen when a large truck crashes into your vehicle. And if you were hit by a commercial truck, it likely won’t be a simple collision case. Instead, it could turn into something much more complex.

In this article, we’ll discuss the differences between truck crashes and car accidents, and we’ll also explain who can help after a wreck and how.

What to Expect During a North Carolina Truck Crash Case

Truck accident cases often seem like they should be straightforward, especially if you believe the truck driver was clearly at fault. You might even be tempted to settle quickly with the insurance company just to get the whole ordeal over with.

However, truck accident cases are rarely as simple as injured victims would hope. There are a few key differences between a truck crash case and the type of personal injury case you might experience with a passenger vehicle—differences that can make life very hard and stressful for victims.

Truck Crashes Often Cause More Damage Than Car Crashes

Big commercial trucks like 18-wheeers and tractor-trailers can weigh up to 80,000 pounds when fully loaded. When one of these massive vehicles crashes into a 4,000-pound passenger vehicle, the car absorbs the worst of the impact—often resulting in severe injuries or death for the people inside.

Unfortunately, these deadly wrecks happen far too often. According to the Insurance Institute for Highway Safety, 4,014 people died in truck crashes in 2020—an increase of more than 10% since 2014. Truck drivers accounted for 15% of those deaths, while 68% were occupants in passenger vehicles, and 16% were motorcyclists, pedestrians, or bicyclists.

Determining Liability in a Truck Crash Case Can Be Extremely Complicated

When a big truck causes a car accident, it can take a lot of investigation to figure out who’s responsible for your injuries and damaged property. While the fault in a typical car accident is usually assigned to one or both drivers, trucking accidents frequently have multiple contributing causes and at-fault parties.

Examples of factors that can contribute to truck crashes include:

Driver negligence, including driving while intoxicated or falling asleep at the wheel
Trucking company negligence (such as forcing drivers to cut corners or work long hours in violation of the law, or employing drivers who are unqualified or have committed multiple safety violations)
Improper loading that causes the truck to become unstable
Poor truck maintenance
Defective parts

Truck logbooks, black boxes, and maintenance records are meant to provide a detailed picture of the events and factors that led up to a crash. However, trucking companies do not have to maintain these records forever and will often destroy them to cover up negligence. To figure out who is responsible for your injuries and make sure all the evidence stays intact, you should contact an experienced truck crash attorney as soon as possible after a wreck.

The System of Laws and Regulations That Affect Truck Crash Cases Is Vast and Complicated

In a truck crash case, many different laws, regulations, and rules of legal procedure can affect your claim. Examples include federal trucking regulations, rules about when logs can be erased, and the process of filing claims with multiple parties. Navigating these complex requirements takes familiarity with truck crash cases and knowledge of the rules set out by the Federal Motor Carrier Safety Administration (FMCSA), the government agency that regulates commercial trucking.

Because commercial truck accident claims are so complex, the insurance company in your case will usually deny your claim right away—even if liability seems clear. The insurance company assumes investigating the crash and building your claim will turn out to be so complicated that you’ll get discouraged and give up. This is especially true in North Carolina, where rules of liability unfairly favor insurance companies over victims.

These types of insurance company tactics make it essential to have a seasoned and skilled North Carolina personal injury lawyer who understands every aspect of these complex cases. With the right knowledge and an aggressive approach, your attorney can help you act strategically and maximize your chances of recovering fair compensation from your truck accident claim.

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What Factors Can Affect Compensation in a North Carolina Truck Accident Case?

If you’ve been hurt in a trucking accident that wasn’t your fault, you shouldn’t have to pay for your medical care or damaged property out of your own pocket—especially considering how these costs can quickly add up after a devastating crash.

With the help of an experienced personal injury attorney, truck accident victims can seek compensation for:

Medical expenses, including medical bills and travel costs for treatment
Lost wages from not working
Pain and suffering
Physical therapy and other rehabilitation
Home modifications to accommodate mobility devices
Medications
Property damage
And more, depending on your case

If you have questions about your personal injury case or what costs you’re eligible to receive compensation for, you should contact an experienced truck accident attorney. An experienced lawyer should be able to help you understand your case value and your legal options for recovering damages.

How Do You Determine the Amount of Compensation From a Semi Truck Accident?

Injured victims often want to know how much they should get in compensation after a truck accident. In this section, we’ll discuss some factors that can affect the amount you might receive in a settlement if you’ve been injured.

Truck Accident Settlement Amounts Depend on Damages

The amount of money you can receive from a personal injury claim depends on your damages, which are all the costs and losses you’ve suffered. These are different in every single case, which means that the settlement amount of every case is different.

When you look at everything that’s happened after a wreck, it might seem overwhelming or even impossible to figure out all the ways the accident has cost you or negatively affected your life—and then put a dollar figure to it all.

However, an experienced personal injury attorney should be able to accurately estimate your damages, even in a highly complex truck crash case. In doing so, they will break down your damages into three different categories.

Economic damages: These are the direct costs of an injury that can be proven through a paper trail. Economic damages include expenses like medical bills for emergency care and doctor visits, surgeries, medications, and physical therapy. Other types of economic damages can include lost wages, home and vehicle modifications to accommodate crash-related disabilities, and future lost wages (or earning potential you’ve lost due to the wreck).
Non-economic damages: Not all costs and losses from a truck wreck show up on a medical bill or receipt. Truck accident victims often experience significant pain and suffering damages, and they’re entitled to compensation for those damages. While economic damages are often more obvious and easier to calculate, non-economic damages are just as important and can lead to significant compensation. Examples of crash-related experiences that might lead to non-economic damages include:
- Physical pain from your injuries
- The inconvenience of having to deal with your injuries and going to medical visits
- Panic attacks or post-traumatic stress disorder
- Anxiety or depression
- Loss of companionship, enjoyment, or happiness
Punitive Damages: When injuries occur due to a defendant’s malicious or extremely reckless actions, courts can impose additional punitive damages to punish the defendant and deter other people from engaging in this type of behavior. Punitive damages are rare in truck accident cases but might come into play if, for example, the driver was heavily intoxicated or the trucking company put a poorly maintained and dangerous truck on the road.

Truck Accident Settlement Amounts Tend to Be Higher Than in Car Crash Cases

The amount of compensation in an injury case is directly tied to the severity of the injuries. Compared to typical car accident cases, truck accidents often lead to higher compensation amounts for victims.

There are two main reasons for this. First, truck accident victims often suffer catastrophic injuries with lifelong consequences. And second, trucking companies are required to carry insurance policies with much higher coverage limits than most ordinary drivers would have. So, victims generally have more damages, and the insurance policies generally have higher limits to pay for those damages.

However, truck accident victims and their loved ones aren’t receiving financial windfalls—they’re severely injured and being compensated for the devastating costs of another person’s negligence. And often, victims and their attorneys have to fight hard for this compensation because the insurance company refuses to make a fair settlement offer.

Myers Law Firm: Fighting for Truck Crash Victims

At Myers Law Firm, we understand how challenging it is to recover from a traumatic accident involving a semi-truck. We’re dedicated to making sure you get the compassionate, tenacious representation you need to obtain a fair settlement so you can focus on healing and recovery.

If you or someone you love has been hurt in a truck accident, get in touch now and schedule your free consultation. During your consultation, one of our attorneys will listen to your story and then explain your rights and your legal options for compensation.

To schedule your consultation today, call us at 888-376-2889 or use our quick and easy online contact form.

Reference

Insurance Institute for Highway Safety. (2022, May). Large Trucks: 2020. (Fatality facts). Ruckersville, VA: Insurance Institute for Highway Safety. Retrieved from http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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I Was a Passenger in a Car Accident – What Are My Rights in North Carolina?

I Was a Passenger in a Car Accident – What Are My Rights in North Carolina?
Who Is at Fault When I’m Injured in a Car Crash as a Passenger?
Critical Steps to Take as a Passenger after a Car Accident
How Does Insurance Coverage Work for Injured Passengers in North Carolina?
What if a Friend or Family Member Was Driving the Car? Do I Have to File a Lawsuit Against Them?
Injured as a Passenger in a North Carolina Car Accident? Call Myers Law Firm for Help

I Was a Passenger in a Car Accident – What Are My Rights in North Carolina?

In 2021, North Carolina’s roads and highways saw more than a quarter of a million car accidents. Speeding, distracted driving, and drunk driving all contribute heavily to these high rates of crashes.

With those kinds of numbers, every time you climb into a car represents a potential risk of injury. If you’ve suffered an injury in a car crash, then you have the right to file a claim and potentially recover compensation for your medical expenses and other damages – and that’s true for vehicle passengers just as much as for drivers.

Who Is at Fault When I’m Injured in a Car Crash as a Passenger?

Different states handle car crash liability in different ways. North Carolina applies a rule called contributory negligence. This rule says that if an injured car crash victim played any role in causing the crash – even if they were only 1 percent at fault and the other person was 99 percent at fault – then in most situations, the victim can’t recover financial compensation from a personal injury claim.

If this rule sounds harsh, it is. North Carolina’s contributory negligence rule makes personal injury cases in our state more challenging to handle and win.

However, when you’re a passenger in a car and you suffer injuries in a crash, it’s much harder (but not impossible) for the insurance company to show that you were partially at fault for the collision.

Examples where a passenger might be partially at fault for a crash include:

They knowingly got into a vehicle with someone who was either impaired by alcohol or drugs or was otherwise not in a condition to drive safely
They impeded the drive’s ability to safely operate the vehicle (for example, by grabbing the wheel or distracting the driver)

Passengers who are not at fault in a motor vehicle accident, regardless of which driver is responsible — or even if both drivers were partially at fault — have the right in North Carolina to seek compensation for injuries suffered in a car accident.

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Critical Steps to Take as a Passenger after a Car Accident

In the immediate aftermath of a crash and the days that follow, you can strengthen your legal case by following a few tips.

Call the police before leaving the scene if you are able. After a car accident, you need to make sure to call the police and have them investigate the wreck. You need documentation of what occurred and to get the insurance information for each of the cars involved. After the wreck, get a copy of the police report. This official document can serve as a valuable resource when determining who is at fault for your injuries. If you’re not sure how to get a police report, your attorney can help.
Seek medical attention right away if you have any sign of injury. You should always get medical care after a car crash if you have any sign of injury—even if you think you’re not severely injured and don’t need to go to a hospital. Sometimes adrenaline after a crash can mask pain and serious injuries. Visit an emergency room, urgent care, or your primary care doctor as soon as possible. Keep track of how you feel and immediately communicate any pain or new symptoms you experience in the days following the accident. If a healthcare provider recommends follow-up treatment or refers you to a specialist, then follow all instructions, keep all appointments, and continue to communicate any changes in your health.
Don’t talk to anyone from the insurance company without consulting an attorney. An adjuster or examiner from the insurance company is not your friend and isn’t there to help, no matter what they say. They will use anything you tell them to hurt your case in any way they can. Remember that the insurance company only has one goal: to pay you as little money as possible.
Do not admit fault to anyone. Even if you think your actions somehow contributed to the crash, don’t ever say that you somehow played a role in causing the collision. Car crash cases are complex, and there may have been factors you could never know about that contributed to or even completely caused the accident. Maybe you think you somehow distracted the driver of your vehicle – but a forensic investigation could show that the other driver caused the crash, and your vehicle had no chance to avoid it. Let your attorney investigate the case and figure out who is at fault.
Take notes about everything you see and hear. Sometimes it’s harder to recall details after the fact. As soon as you can, jot down all the specifics about who was involved in the collision, where and when it happened, who did what leading up to the crash, who else may have witnessed the accident, and who said what about the event. Details about the crash scene, weather conditions, and anything else you can remember may help as well. Any information you can recall is worth sharing with your lawyer (not with the insurance company!).

How Does Insurance Coverage Work for Injured Passengers in North Carolina?

There are three types of primary insurance coverage that tend to come into play when you file a personal injury claim in North Carolina:

North Carolina law says that all drivers must carry bodily injury coverage with minimum policy limits of $30,000 per person and $60,000 per vehicle. Some drivers may carry coverage with higher policy limits.
In addition, all auto insurance policies in North Carolina must include uninsured motorist coverage (UM), which kicks in when you get injured by a driver who fails to carry car insurance.
Drivers can also buy additional insurance known as underinsured motorist coverage (UIM), which helps bridge the gap when the at-fault driver’s insurance isn’t sufficient to cover damages.

When a person is driving a car in North Carolina, that person’s UM/UIM insurance covers not only them but also their passengers as well. And in addition to the driver’s coverage, your own UM/UIM insurance coverage can also “stack” with the driver’s coverage and cover you as a passenger (but only after the driver’s UM/UIM coverage has already paid out for the crash up to the policy limits).

So, to sum up, when you’re injured as a passenger in a crash, you may be able to file insurance claims based on:

The at-fault driver’s liability coverage
UM or UIM coverage held by the driver of the vehicle you were riding in
Your own UM or UIM coverage

What if a Friend or Family Member Was Driving the Car? Do I Have to File a Lawsuit Against Them?

Sometimes, injured passengers hesitate to file claims because a friend or family member was driving the car. If you’re worried about causing trouble for someone you care about by filing a claim, here are a few things to keep in mind:

A personal injury claim is a civil claim for monetary compensation only. When you file a personal injury claim, there’s no risk of your friend or family member being charged with a crime, getting arrested or imprisoned, receiving a criminal record, being sentenced to community service or probation, or paying fines. Those are all potential outcomes in a criminal proceeding, which is completely separate from a personal injury claim.
Your family member or friend might not be at fault. As we mentioned earlier, car accidents are complex, and figuring out who is at fault takes experience and detailed investigation. Even if you think your friend or family member caused the crash in some way, it could turn out that the other driver was entirely responsible.
The insurance company, not the at-fault individual, generally pays damages from a personal injury claim. If the at-fault person had auto insurance, then the insurance company is responsible for paying any damages up to the policy limits. And as described in the previous section on insurance, relevant UM/UIM coverage can also kick in and provide compensation up to policy limits. All of this compensation will come from the insurance company’s funds, not the pockets (or assets) of your friend or family member.

Injured as a Passenger in a North Carolina Car Accident? Call Myers Law Firm for Help

If you’ve been in an accident and are trying to determine whether to file a lawsuit, contact Myers Law Firm. We’ll provide a free consultation where we can learn about your case and help you determine your next steps.

Our team of personal injury lawyers has over 60 years of combined experience serving the injured in North Carolina, and we’re here to support you. We know the process from beginning to end, and we fight tirelessly for victims.

Call us at 888-376-2889 or use our contact form to schedule your free consultation.

References

North Carolina Division of Motor Vehicles. (2022). North Carolina 2021 Crash Facts. https://apastyle.apa.org/style-grammar-guidelines/references/examples/report-government-agency-references

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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How to Choose the Right North Carolina Personal Injury Lawyer for You

How to Choose the Right North Carolina Personal Injury Lawyer for You
When Should a Person Consider Hiring an Attorney for Their Personal Injury Cases?
What Does a Personal Injury Attorney Do, and When Should You Consider Hiring One?
What Should You Learn About a Personal Injury Attorney Before Hiring Them?
What Can a Personal Injury Lawyer Do for a Client if They Have to Work With an Insurance Company?
Why Might Myers Law Firm be Your Right Choice?

How to Choose the Right North Carolina Personal Injury Lawyer for You

Getting into an accident can push you into a whole world you haven’t entered before. Dealing with another driver’s negligence, their insurance company, and the legal system can be an enormous undertaking for someone who’s never even had to make a claim before.

When you need to manage a personal injury claim, it might be time to hire an experienced personal injury lawyer to help you in the process. But when expenses from a car accident can change your life, it’s essential to find an attorney who can successfully support your claim in a way that aligns with your requirements.

This isn’t a matter of choosing the first attorney you find online (although, that very well might turn out to be the one who’s right for you). It’s about investing the time now to make sure you’ve got the best help you can find. And understanding the process upfront can mean peace of mind as you navigate the sometimes-difficult process of building and supporting a personal injury claim.

When Should a Person Consider Hiring an Attorney for Their Personal Injury Cases?

Know When a Personal Injury Attorney Can Help a Claim

If there’s no damage or injuries, it’s possible that you don’t need to hire an experienced personal injury lawyer. But if you need ongoing medical care, have a traumatic brain injury, or are going to have future lost wages or earning capacity, it’s probably time to consider the option.

There Might Not Be a “Too Soon”

If it makes sense to hire a personal injury attorney, waiting may only hurt your chance of fair compensation. Saying the wrong thing to an adjuster, forgetting to track medical expenses, or missing important windows for legal action could all happen if you wait too long to get help.

When evidence and statements from the scene of the accident matter, it’s important to think about the future of your claim. But a traumatic experience can make navigating a personal injury claim even harder, especially with North Carolina’s law of contributory negligence. These type of issues often makes hiring an experienced personal injury lawyer from the very beginning a good choice.

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What Does a Personal Injury Attorney Do, and When Should You Consider Hiring One?

Understand if You Have a Personal Injury Claim Worth Pursuing

First, a personal injury attorney can help you decide if you have a case or not. The ultimate decision is with you, but someone with experience navigating claims according to North Carolina law can help you weigh your options.

Even if you think your claim is worth money, there are a few factors to consider:

Is the potential amount of money you might be awarded worth filing and defending your claim?
Will you likely receive enough to cover your costs and attorney fees?
Can you show that the other driver was negligent and that they caused your injuries?

Fortunately, many personal injury lawyers offer free initial consultations, so you can better understand your legal options without financial risk.

Find Out How Much Your Claim Could be Worth

Major injuries, property damage, and lost wages can add up to a lot of unexpected costs, but it’s hard to know what price to put on the effects of a car accident.

An attorney can help you determine what costs to include in personal injury claims:

Physical injuries. Emergency, ongoing, and future medical expenses could quickly grow.
Pain and suffering. Beyond medical bills, mental anguish and physical pain can equate to a monetary value.
Necessary changes. Home and vehicle accessibility upgrades can be essential after a serious injury.
Missed earnings. Lost wages or earning potential due to an accident can count as a cost from the accident.
Property damage. Car repairs or damage to things inside the vehicle can also count toward costs.

But claiming the injuries can also depend on what you can prove.

Get Support as You Defend Your Claim

Crafting your claim is only the beginning of the process. You’ll still need to support it with evidence and defend it if the insurance company isn’t willing to offer a fair settlement. From security cameras to eyewitness testimony, it’s important to track down evidence and witness statements and incorporate them into a claim.

Drivers can also rely on things like depositions, anti-spoilation, and Public Records Law requirements, but it may be daunting to manage all of that on their own. A lawyer can help you understand what kind of evidence matters, where you can find it, and how to preserve it.

What Should You Learn About a Personal Injury Attorney Before Hiring Them?

Make Sure the Lawyer Can Practice in Your Region

It’s important to know where the lawyer you choose can practice law. If a driver is injured in North Carolina, they’ll have to find a lawyer able to practice in the state. Beyond that, a lawyer that has localized knowledge of laws, and clerk and court operations, can be helpful.

Find Out the Lawyer’s Experience

Lawyers often focus on specific areas of the law, and it’s important to know if they have a history of working in the area you need help. An attorney that works mostly in workers’ comp with little focus on motor vehicle accidents might not be the best fit for your personal injury case. Larger firms can have teams that focus on different things, but then you’ll have to consider if that’s the kind of experience you’re looking for.

Get the Right Fit for Your Case

Bigger doesn’t always mean better when it comes to a law firm. A larger firm can get around knowledge gaps with sheer resources, but a smaller firm with a more personal touch can deliver a tailored approach.

Think about what you want from your case and see how the firm answers your questions with their actions. How much time will the firm dedicate to your case? Can you get in touch with someone when you call with questions? Will they keep you updated on your claim?

Reach Out and Learn More

Research is a good first step but finding out if a lawyer aligns with you can really depend on a conversation. When a free case evaluation is available, it’s worth the time to see if you’re comfortable with their approach, they have room to take on your personal injury case, and you align on what your claim could be worth.

Take a Look at Their Resume

Lawyers new to practicing law or that have recently changed disciplines or entered a new area might not have the expertise you need to successfully support your claim. Find out how long they’ve been practicing, what organizations they support, which associations endorse them, and their track record of success in recent cases.

What Can a Personal Injury Lawyer Do for a Client if They Have to Work With an Insurance Company?

Your personal injury claim will likely involve the negligent driver’s insurance company. Even if you have a well-supported personal injury case, it’s not a guarantee that the insurance company will pay your losses. There are a few tactics that insurance adjusters might follow:

Offer less than fair compensation
Discount or refuse to consider expenses in your claim
Try to show you’re partially responsible for the accident
Try to deny payment altogether

Your position isn’t necessarily wrong. The insurance company is focused on making money by paying out as little as possible on claims. This means the insurance adjuster is not on your side. Refuting your claim can come in different forms and be coupled with different ways of getting you to accept less, like asking leading questions to get you to accept some of the blame.

This circumstance is where a personal injury lawyer can step in. You can allow the attorney to deal with the insurance company on your behalf, so you don’t have to worry about slipping up because of rules and tactics you don’t know about.

Why Might Myers Law Firm be Your Right Choice?

You’ve got plenty of options when it comes to hiring a personal attorney but getting an attorney for your case can seem like a lot of work. Hiring the right attorney, though, could ultimately mean a lot less work and the possibility of a better outcome.

Myers Law Firm could be that right choice for you after an accident. We’ve got over 60 years of combined experience serving accident victims in North Carolina. Our experienced team has been fighting for the injured to get them the help they deserve.

We offer a free consultation, so don’t hesitate to reach out to our office at 888-376-2889 or with our short online form to schedule a consultation. We’ll review your case, learn what you expect from your recovery, and help you better understand your legal options.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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How Do You Manage a Vehicle Accident Lawsuit?

How Do You Manage a Vehicle Accident Lawsuit?
What Should Drivers Do After a Car Accident?
Does a Car Accident Victim Need a Personal Injury Attorney?
What Does the Lawsuit Process Look Like?
Myers Law Firm Can Help

How Do You Manage a Vehicle Accident Lawsuit?

Car accidents might be over in an instant, but the procedures that follow can seem never-ending. When you’ve never had to make a big insurance claim or file court paperwork before, trying to manage the whole process alone can leave you feeling stranded in another world.

The law isn’t always easy to understand on your own. Hiring an experienced personal injury lawyer can help you work through the steps involved with a lawsuit. To give you a better understanding of what this entails, let’s look at how to navigate your way through a vehicle accident lawsuit.

What Should Drivers Do After a Car Accident?

The lead-up to a lawsuit starts the moment of an accident. Laying the right groundwork can ultimately have a profound impact—positively or negatively—so it’s important for drivers to know what they should (and shouldn’t) do.

Don’t Ditch the Evidence

The evidence surrounding a car accident doesn’t always last forever. Eyewitnesses sometimes forget important details. Nearby shops could delete useful security footage. Skid marks fade away over time. Even visiting the repair shop and getting damage repaired without taking photos first can make it harder to prove a claim. You should document everything about your case through photos and taking good notes.

Don’t Talk to the Insurance Company

If the negligent driver’s insurance company becomes involved after a car accident, it’s likely that an insurance adjuster will contact the victim. They’ll ask questions and take statements, but it’s rarely done in an effort to offer fair compensation. The insurance provider could work against the victim, using their words against them later to lower payouts or even deny a claim altogether.

Do Get Medical Attention

Seeing a doctor right after an accident can be crucial for a healthy recovery:

Symptoms don’t always show up right away
Minor injuries can turn severe
A prompt visit can help connect injuries to a car accident

Do Track Everything

From medical expenses to doctor’s notes to missed time from work, it’s important to save everything that relates to a case. Insurance adjusters may try calling judgment into question, but a paper trail and doctor’s notes can strengthen a car accident claim.

Do Look Into Hiring a Personal Injury Attorney

Serious injuries can be overwhelming, but there’s help available. Even if a driver has done everything right, it can still take an experienced personal injury attorney to know what to do next.

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Does a Car Accident Victim Need a Personal Injury Attorney?

Not every car accident benefits from hiring a lawyer and filing a lawsuit, but passing on legal representation without talking over a case with an attorney could cost the victim in the end:

Building a strong case takes a lot of time and experience, and going it alone can be risky
It’s difficult to navigate all the legal requirements of filing a lawsuit and supporting a claim
Insurance companies might try to take advantage of drivers by making low offers and applying high pressure

Evaluating a personal injury claim can be a complicated process, and victims could benefit from reaching out for legal help.

Preserving Evidence From a Crash

Drivers can start collecting evidence on their own, but an experienced attorney knows where to look and how the law helps:

Official witness testimony. In-person questioning, or a sworn written account, can help uncover details that led to an accident. Making the process official through a deposition or an affidavit puts the process under oath.
Anti-spoliation letter. Sometimes, obtaining evidence is out of a victim’s hands, but a written demand to preserve evidence can keep proof intact. If the defendant has car damage that supports a case, getting repairs after an anti-spoliation letter could result in consequences.
Public Records Law. If there were traffic cameras on the scene, it’s not always obvious how to get the footage. Sometimes it’s also important to get the 911 call because these records may be destroyed after a certain period of time. Your attorney could file a request for access to some documents held by public agencies.

Understanding Contributory Negligence

North Carolina has a legal principle called contributory negligence that outlines who can get compensation after a car accident. If a driver shares any responsibility at all for a crash, the law says they aren’t entitled to any recovery for damages.

When 1% of blame is enough to stop a claim, working with an experienced attorney becomes crucial. A strong legal strategy might be the only way to show an insurance company or jury that the negligence falls entirely on one driver.

Navigating Deadlines in Personal Injury Cases

Though injuries can last a lifetime, the window for beginning a personal injury lawsuit does not. Victims in North Carolina generally have three years from the time of the car accident to bring a claim. This is called the statute of limitations.

Damages that stem from an easily identifiable cause, like a car accident, will often signal the start date of the statute of limitations. Drivers will be barred from compensation if they haven’t settled or filed a lawsuit before their statute of limitations expires.

It’s not always clear to a victim exactly when the clock beings to tick, but legal representation can help look at the evidence and offer guidance for legal strategy.

Decide Whether to Settle or File a Lawsuit

While it falls on the victim’s shoulders to build a strong argument for damages after a car accident, that doesn’t mean a claim will cover every cost. The other driver’s insurance company will usually make an initial offer that doesn’t come close to meeting the list of damages.

Victims need to understand what a personal injury claim can include after a car accident:

Economic losses. Costs that can be tied to the car accident with a receipt generally fall into this category. Medical bills, accessibility upgrades, lost wages, and property damage can all stem from a car accident.
Non-economic losses. Damages aren’t always as easy as showing bills. Physical pain, depression, lost happiness, and post-traumatic stress disorder can add up to a big piece of a car accident claim but might be harder to prove.
Punitive damages. Reckless or malicious behaviors like drunk driving can lead to punishments for the defendant. These additional damages can also be included in the lawsuit.

Finding an accurate number for damages is an essential but complicated process that an experienced legal team can help work through. Your attorney will work through settlement negotiations to get the best offer that the insurance company is willing to make before you file a lawsuit.

What Does the Lawsuit Process Look Like?

When the evidence is in order and the legal requirements are met, it’s time to undergo a step-by-step process.

Evaluate the Insurance Offer

The insurance provider will decide on whether to make a settlement offer and for what amount. It will be up to the driver and their attorney to review the offer and decide if it adequately covers the cost of damages.

If amount isn’t fair, then it becomes time for a lawsuit.

File a Complaint With the Clerk’s Office

Drivers have to put together a formal complaint that includes specific allegations and file it at the clerk’s office. This action makes the victim the plaintiff, and the person they’re suing becomes the defendant. The clerk’s office will issue a summons, which the plaintiff will have to serve to the defendant along with the complaint.

The defendant has 30 days to respond, with one extension available for another 30 days. Their answer will include a number of defenses, most of which may not even be applicable, but it could also include counterclaims, which the plaintiff will need to answer.

Get Evidence on the Record

After everything is filed and answered, there’s a time for gathering information. This is called the discovery phase. This period is where the official witness testimonies from depositions take place. The plaintiff, the defendant, and other witnesses could all have to have their deposition taken. There are also written discovery requests that must be answered and documents that must be produced.

Go Through Mediation or Arbitration

North Carolina courts require personal injury cases to go through mediation or arbitration before they make it to trial. In both instances, a neutral third party tries to help the plaintiff and defendant come to an agreement:

A professional mediator will attempt to work with both sides toward an agreement, but the process isn’t totally binding. Either party can leave the table, which will bring the case to trial.
An arbitrator will hear both sides of the complaint, then make a decision. A court-ordered arbitration decision can be appealed which will bring the case to trial.

Resolve the Issue in Court

If a claim makes it all the way to trial without a settlement, the plaintiff will have to support their claim before a jury. The jury will weigh the plaintiff’s evidence against the defendant’s and come to a decision. There’s room to file an appeal if there’s an undesirable outcome, otherwise, the decision becomes final.

Myers Law Firm Can Help

If you’ve been in an accident and are trying to determine whether to file a lawsuit, contact Myers Law Firm. We’re ready to sit down and look over the details of your case and help you determine your next steps.

Our team has over 60 years of combined help serving the injured in North Carolina, and we’re here to support you. We know the process from beginning to end and fight tirelessly for victims throughout.

Call us at 888-376-2889 or fill out our brief contact form for a free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What Are the Worst Car Crash Injuries That Might Need Legal Help?

What Are the Worst Car Crash Injuries That Might Need Legal Help?
How Do Car Accidents Happen?
What Are Possible Life-Altering Injuries From Car Crashes?
Why Is Medical Treatment So Important Following a Car Crash?
You Got Medical Help, but How Do You Get Insurance Help?
Myers Law Firm Is Here to Help You After a Severe Car Accident Injury

What Are the Worst Car Crash Injuries That Might Need Legal Help?

A car accident might happen in an instant, but the fallout can last for years to come. Victims often have a long road to overcoming debilitating injuries while being faced with a mountain of unexpected costs.

Recovering after a car accident can entail managing your treatments, dealing with car and health insurance, and legal strategies. Working with an experienced personal injury lawyer could help you get the compensation you deserve.

How Do Car Accidents Happen?

Car accidents happen for a variety of reasons and cause a range of injuries. While circumstances like driving in poor weather conditions can be dangerous, another driver’s negligence is more often what causes an accident. Drunk driving, drug use (even legitimate medication), failing to yield or stay in the correct lane, and careless or distracted driving are some of the leading types of negligence and causes of injuries.

The blunt force trauma of an auto accident can make the situation even worse. Head-on collisions, rollover accidents, or additional vehicles involved may increase the likelihood of lifelong injuries or conditions, but even simple rear-end collisions can cause long-term effects.

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What Are Possible Life-Altering Injuries From Car Crashes?

In 2020, drivers who suffered injuries in car accidents shared an estimated $473 billion in costs. Those expenses included treatments and wage loss because of injuries. Many types of injuries add to climbing medical costs, but there are a few serious kinds that can greatly contribute to a compensation claim:

Traumatic brain injuries: When the head connects with the headrest, steering wheel, window, or frame of the car, problems can go a lot further than facial injuries – damage to the brain is likely. And when there’s a serious blow to the head, the effects might last a lifetime. From emergency surgery to ongoing mental anguish, the expenses and challenges of a brain injury can keep growing.
Spinal cord injury: Motorcycle and car accidents cause over half of new spinal cord injuries annually. Medical conditions ranging from lower back damage and up to upper neck injuries like aggravated ligaments, fractured vertebrae, and damaged nerves can cause paralysis and other complications that make it difficult to achieve independence after an accident.
Amputation: Traumatic injuries, like what drivers experience in a car accident, make up about 45% of amputations. The force of an accident can damage a limb so severely that it is removed, either by the impact or a later surgical procedure. Victims will likely face ongoing therapy, accessibility renovation costs, and continued pain and suffering.
Internal organ damage: What starts as a light tenderness can be a sign of serious internal injury. A broken rib could puncture a lung, or a seatbelt can apply too much force to the intestines. Whatever the cause, organ injuries might lead to internal bleeding and failed bodily functions, which usually means emergency surgery is necessary.
Broken bones: The force of a car accident may be too much for bones to handle, and clean breaks aren’t always the outcome. Bones that completely separate or break through the skin can come with potential organ, tendon, and ligament damage and require immediate surgery to repair. Common broken bones can include the foot and ankle, up the legs, and the arms and hands.

Why Is Medical Treatment So Important Following a Car Crash?

Getting proper medical attention after an accident is crucial for several reasons:

Your number one goal after an accident is to take care of yourself and your health. Even with the most severe injuries, slow-onset symptoms or shock can disguise warning signs and waiting to act could be extremely dangerous.
Going to the doctor right after a car accident makes it easier to show the direct line of causation from an auto accident to symptoms and treatments.
Finally, it’s important to have receipts to support your claim. Visiting the doctor will allow you to start accounting for all the costs you face from an accident, along with emergency treatment, therapy, and ongoing medication. Saving all receipts from your medical care will be helpful when you seek reimbursement.

You Got Medical Help, but How Do You Get Insurance Help?

Most drivers don’t have the money necessary to cover another person’s personal injury costs, which is where their insurance company comes into play. The insurance company might make an offer to cover expenses after a car accident. But too often, the amount doesn’t match the actual cost of an accident. Settlement offers don’t always include pain and suffering, mental anguish, and ongoing care.

It’s important to consult a personal injury lawyer to decide whether the offer is fair based on the circumstances of your accident. If the insurance company doesn’t agree to what you view as a fair offer, it might be time to file a lawsuit.

Myers Law Firm Is Here to Help You After a Severe Car Accident Injury

At Myers Law Firm, we understand how serious injuries from a car accident can change your life. When you’re facing unexpected trouble because of someone else’s negligence, we’re here to help you.

We have over 60 years of combined experience in helping car accident victims get the compensation they deserve, so call our office at 888-376-2889 or fill out our brief online form to schedule a free consultation.

References

Centers for Disease Control and Prevention, National Center for Injury Prevention and Control. (2021, February 2). Transportation Safety. https://www.cdc.gov/transportationsafety/index.html

National Safety Council. (2022). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/

Insurance Information Institute. (2022). Facts + Statistics: Highway safety. https://www.iii.org/fact-statistic/facts-statistics-highway-safety

Shores, Jaimie Troyal, M.D. (2022). Amputation. John Hopkins Medicine: Health. https://www.hopkinsmedicine.org/health/treatment-tests-and-therapies/amputation

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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How Are Typical Car Accident Settlement Amounts Determined?

How Are Typical Car Accident Settlement Amounts Determined?
What Are Common Car Accident Injuries?
Why Hire a Personal Injury Lawyer?
What Can a Personal Injury Claim Cover?
How Does North Carolina View Fault in Drivers?
Why Does the Insurance Company Matter in a Personal Injury Claim?
Myers Law Firm Can Work With You on Your Car Accident Settlement

How Are Typical Car Accident Settlement Amounts Determined?

Sometimes things change the course of your day or your week. Car accidents can change your life. The ripples from a car accident can affect your health, your family, and your happiness far into the future.

Millions of drivers across the country suffer injuries from car accidents every year, and the costs that stem from those accidents can be hard to measure. From compassionate medical staff to experienced personal injury lawyers, it can take a lot of help to get a fair car accident settlement to help to recover.

Compensation from an accident should include all kinds of unexpected hardships, such as car repairs or lost wages, but those facing significant and ongoing medical expenses after an auto accident can have the largest undertaking ahead of them.

What Are Common Car Accident Injuries?

The violent force of a car accident can put the whole body in danger:

Back injuries: Torn and sprained muscles are just the beginning. Auto accidents are one of the country’s leading causes of spinal cord injury. From a herniated disc injury to nerve damage, cases of serious pain and paralysis can be connected directly to car accidents.
Neck injuries: A continuation of back injuries, the spine is also vulnerable in the neck area. Car crashes often send the head back and forth quickly, causing whiplash or worse. These injuries can lead to loss of movement and sharp pain that extends into the shoulders and arms.
Head injuries: Drivers with head injuries can find the road to recovery full of medical complications. Headaches, seizures, and weakness are symptoms of head trauma, along with sleep, balance, behavior, and long-term memory problems.

Major injuries play a big role in accident costs, but seemingly minor injuries can also lead to chronic, debilitating issues. An injured driver thinking about skipping the trip to the doctor because “the pain isn’t that bad” should think twice for several reasons:

Injuries like internal wounds and spinal injuries might not show signs right away but should be treated as soon as possible
Slow-developing mental and emotional trauma can be found early in the healing process
Immediate doctor visits can create a stronger link to injuries the accident caused

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Why Hire a Personal Injury Lawyer?

Challenges after a car accident can last a lifetime, like keeping up with outstanding medical bills, preparing for future medical bills, and facing health insurance liens. An experienced personal injury attorney could help you build a strong case under North Carolina law so you can get the compensation you deserve.

To receive full compensation after a car accident requires showing several things:

The other driver was negligent
Their negligent actions caused your injuries or damages
Evidence supporting your claim

Missteps in these three key components could cost you in recovering your losses, so let’s explore each of them more closely.

The Other Driver’s Actions Were Negligent

Negligence is the failure to act in a safe manner with the level of care that a reasonable person would exercise in the same circumstances. A driver that didn’t pay attention to traffic, obey posted speed limits, or take any actions to avoid a crash could be negligent.

Collecting information to prove negligence can include conducting investigations, consulting experts, and combing through reports. An experienced car accident attorney knows where to look for answers that coincide with North Carolina’s legal standards.

Their Negligent Actions Caused Your Damages

In order to get full compensation for your losses, you must show that the other driver’s negligence and your injuries are reasonably connected to each other. You might have an easier time saying a spinal injury immediately after an accident came from the crash. You might have a harder time showing the connection to a reaggravated injury or delayed diagnosis.

You’ll Need to Show Evidence of Medical Bills and Other Losses

Medical bills and vehicle damage are often linked to personal injury claims, but they might only be the beginning. A personal injury lawyer can help you understand how to establish and prove the damages in your claim.

What Can a Personal Injury Claim Cover?

Personal injury claims cover the costs, or losses, from an accident. Known as “damages,” the medical bills, lost wages, physical injuries, pain and suffering, and property loss make up the components of a claim.

Economic Damages

The amount of money that an auto accident costs, from bills to missed income to future costs, plays a part in a personal injury claim:

Medical bills like emergency care and surgeries
Ongoing medications and physical therapy
Home and vehicle accessibility upgrades
Lost wages and earnings potential
Car repairs or replacement

These financial costs can quickly add up after a car accident, and keeping track of all of them will likely help support your claim.

Non-economic Damages

Claims also go beyond the type of losses that can be shown by a medical bill or receipt. Mental anguish and physical pain from a car accident include pain and suffering damages to a personal injury claim. This calculation is much more complicated than adding up financial costs but can hold a high monetary value. Pain and suffering can include a range of difficulties:

Physical pain from injuries
Anxiety or depression
Panic attacks or post-traumatic stress disorder
Loss of companionship, enjoyment, or happiness

Punitive Damages

While economic and non-economic car accident damages compensate you for costs, punitive damages are a form of punishment for the defendant for malicious or extremely reckless actions. This category can include behaviors like drunk driving.

How Does North Carolina View Fault in Drivers?

An auto accident settlement isn’t guaranteed if you’ve experienced damages. North Carolina is a contributory negligence state. This term means that if you share any fault for the accident, you can’t get compensation for any of your losses.

Even if the other driver was 99% to blame for the accident, that still leaves you unable to pursue a personal injury claim. When the slightest tip of the scale can cost you compensation, it’s another reason to turn to an experienced legal team to help navigate contributory negligence.

Why Does the Insurance Company Matter in a Personal Injury Claim?

Most defendants don’t have the money to personally cover damages which is why insurance coverage often plays an important role. But if a driver can’t cover the cost and isn’t insured, then your insurance could come into play. There are a few policies and coverage limits that could decide how much you can recover financially:

Liability insurance of the defendant
Your Med Pay insurance policy
Your uninsured and underinsured motorist (UM/UIM) coverage

Reduced Offer After a Car Crash

When an insurance company makes an offer, it doesn’t necessarily have to be fair. Instead, it’s often the first step of the negotiation process. Knowing what your claim is worth becomes even more important when the insurance company makes a settlement offer that is far below a reasonable amount.

An insurance company could look at your medical records and place a much lower value on the losses than you do or argue that some damages have nothing to do with the claim. The adjuster could say a treatment wasn’t necessary or that a reinjury isn’t their responsibility.

If you can’t arrive at an agreement with the insurance company, it might be time to file a lawsuit to take your case to trial. This step is a rare circumstance, but sometimes it’s necessary to get a fair settlement.

Arguments Involving Contributory Negligence

While you want to work toward a stronger car accident settlement at trial, an insurance company could try to devalue your claim completely. If they prove you shared blame for the accident, they’ll be off the hook for paying damages.

Representing a strong claim and showing you didn’t share fault in the accident become vital to receiving a fair recovery.

Myers Law Firm Can Work With You on Your Car Accident Settlement

Building a claim, finding supporting evidence, and defending your compensation are key parts of getting help after a car accident, but it’s extremely difficult to do on your own. Knowing the steps to take within the letter of North Carolina personal injury law can require the help of an experienced personal injury team.

Myers Law Firm has over 60 years of combined experience standing up for injured people in North Carolina. We’re here to help you navigate the complex and stressful process that leads to a fair settlement to help with your losses after an auto accident.

We offer a free and confidential discussion about your claim to help you understand what to do next. Schedule your consultation so we can get to know you and your case. Call our office at 888-376-2889 or fill out our brief online contact form today.

References

American Association of Neurological Surgeons. Spinal Cord Injury. Neurological Conditions and Treatments. Retrieved from https://www.aans.org/en/Patients/Neurosurgical-Conditions-and-Treatments/Spinal-Cord-Injury

Mayo Clinic. Whiplash. Patient Care & Health Information. Retrieved from https://www.mayoclinic.org/diseases-conditions/whiplash/symptoms-causes/syc-20378921#:~:text=Whiplash%20is%20a%20neck%20injury,traumas%2C%20such%20as%20a%20fall

Mayo Clinic. Traumatic brain injury. Patient Care & Health Information. Retrieved from https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557

National Safety Council. Motor Vehicle Injury Facts. NSC Injury Facts. Retrieved from https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What to Do if You Have Back Pain After a Car Accident

What to Do if You Have Back Pain After a Car Accident
Back Pain Can Appear in Different Ways After a Car Accident
What Do Personal Injury Claims for Car Accidents Cover?
Experienced Legal Aid Can Help You Recover From Back Pain After a Car Accident
Myers Law Firm Is Ready to Make Your Personal Injury Concerns Our Own

What to Do if You Have Back Pain After a Car Accident

It shouldn’t be a surprise if you’re experiencing back pain after a car accident: Motorcycle and car accidents are the leading cause of spinal cord injuries every year. The big question is what you should do once the pain starts.

Regardless if it’s a dull ache or intense pain, the damage from a car accident can be serious. Quick action can be essential to recovery. Consulting a doctor is an important step, along with speaking to an experienced personal injury lawyer to make sure you’re fully compensated after a car accident.

Back Pain Can Appear in Different Ways After a Car Accident

The term back pain could lead to thoughts of sleeping in the wrong position or lifting a heavy object. But when it comes to car accidents, back pain can be a sign that something is seriously wrong. Drivers experiencing back pain after a car accident should be on the lookout for common symptoms:

Aching or burning
Sharp and pinching pains
Muscle spasms
Numbness
Any level of paralysis

While a doctor might use more scientific terms like damage to the lumbar spine or cervical spine, what back pain means is problems that can stretch from lower back to upper neck injuries, with pain reaching out in any direction. Shoulder pain, headaches, and limb numbness can all stem from back injuries.

Even minor back pain after a car accident could be a sign of greater troubles, as every symptom doesn’t show up right away and some problems continue to worsen. And it’s not just growing discomfort, as paralysis can develop over time.

Putting off a visit to the doctor can lead to complications and make recovering from the accident more difficult. Whiplash, herniated discs, and fractures can lead to serious long-term problems that require ongoing physical therapy and pain management.

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What Do Personal Injury Claims for Car Accidents Cover?

The term “damages” can refer to property loss or mental anguish, but it specifically covers any losses from a car accident, including back pain. This type of compensation for physical injury can cover immediate medical bills and surgeries, medications, physical therapy, and even lost wages if the injury impacts your ability to work.

These tangible costs are usually the first piece of the equation for compensation after a car accident. The second is pain and suffering, which can be harder to define. Chronic pain, bouts of depression, and lost enjoyment in life that stem from back pain are just some of the things that might not show up on a medical bill but can still count as damages.

How Does a Back Injury Translate Into a Personal Injury Claim?

Recovering costs associated with back pain starts with making a paper trail right after the car accident and relies on professional recommendations to forecast continuing challenges. It isn’t enough to explain in court that you’ve got facet joint injuries or a herniated disc. You’re going to want records and written reports to help you tell the story of your injuries.

Records from your first trip to the hospital, prescribed pain management programs, and physical therapy assignments are only the beginning. Specialists can also detail chronic back pain and other hardships you’ll face in the future.

The Insurance Company Isn’t in the Business of Helping You

Showing your costs strengthens the case for financial recovery, but you’ll also need to show the injuries from the car accident aren’t your fault because North Carolina is a contributory negligence state. That means if a court finds the defendant 99% responsible for the collision, compensation for accident injuries isn’t an option because you made a 1% contribution.

To assign responsibility, a judge or jury will decide if:

The injured driver behaved like a reasonable person acting in a safe manner
The defendant failed to act in a safe manner

These standards will help determine the share of blame, or contributory negligence.

Insurance companies are all too aware of this rule and will jump to use it to their advantage. It could only take one piece of evidence to show a fraction of contribution, thereby ending your ability to get compensation.

Experienced Legal Aid Can Help You Recover From Back Pain After a Car Accident

That’s why finding legal help early in the process can be so important. Before any allegations arise, it can be beneficial to enlist experienced counsel that knows where to look for evidence in your favor and can deflate any allegations the insurance company might bring.

Accident evidence doesn’t stick around forever, and undocumented treatment doesn’t support your case. It’s best to act quickly to preserve important information that can be used when dealing with the insurance company in negotiations or in court.

Myers Law Firm Is Ready to Make Your Personal Injury Concerns Our Own

Contact us today by calling (888) 376-2889 or complete our simple online contact form to schedule your free consultation.

References

Mayo Clinic. Spinal Cord Injury. Patient Care & Health Information. Retrieved from https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

American Association of Neurological Surgeons. Spinal Cord Injury. Neurosurgical Conditions and Treatments. Retrieved from https://www.aans.org/en/Patients/Neurosurgical-Conditions-and-Treatments/Spinal-Cord-Injury

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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Is a Driver Always at Fault When Hitting a Pedestrian in North Carolina?

Is a Driver Always at Fault When Hitting a Pedestrian in North Carolina?
The Driver Might Not Be Held Responsible
What Does “Pure Contributory Negligence” Mean?
A Pedestrian’s Negligence May Contribute to an Accident
Myers Law Firm Can Help Pedestrians Seeking Compensation

Is a Driver Always at Fault When Hitting a Pedestrian in North Carolina?

When a car hits a pedestrian, the laws of physics apply harshly to the victim. A human being is simply no match for a vehicle, and the pedestrian incurs the worst injuries. This can be a lifechanging experience, with long-term health consequences, lost wages, and other damages.

If you were the victim of such an accident, you may wonder if you can pursue the driver or their insurance for financial compensation. You may want to know how pedestrians get compensated for accident injuries. You may ask yourself whether a driver is always at fault when hitting a pedestrian in North Carolina.

These questions may not be easily answered, because the answers depend on the specific circumstances of the accident and the “contributory negligence” law in our state. You may be entitled to compensation, but you will need to prove that the car driver was negligent.

The Driver Might Not Be Held Responsible

All drivers have a responsibility to drive safely when they get behind the wheel. This is called “duty of care,” and it means they need to exhibit the same caution that a normal person would in the same circumstances. If a driver runs a red light, speeds, or is texting while driving, they violate their duty of care.

When a careful person drives through a bustling city like Charlotte, with many pedestrians on the sidewalks, they vigilantly watch for persons entering the roadway. They slow down if they see children near the road, and make sure to yield at crosswalks. These are examples of someone following the duty of care.

To hold the driver responsible for hitting a pedestrian, you must be able to show that they violated their duty of care.

If the driver can prove they were being reasonably careful, then there may be reason to believe the pedestrian is somewhat at fault for the accident. And if it can be shown that the pedestrian was “contributorily negligent,” then they may not be entitled to any compensation. This is why it is very important to hire an experienced lawyer after you’ve been injured as a pedestrian.

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What Does “Pure Contributory Negligence” Mean?

Legally speaking, pure contributory negligence means that you are not allowed to be compensated for your damages if the insurance company can prove you were even slightly at fault. This law can be very unfair in auto-pedestrian accidents. If the driver was 99% at fault and the pedestrian was only 1% at fault, the pedestrian cannot recover anything due to contributory negligence. There is a doctrine called Last Clear Chance that could show that the driver had the “last clear chance” to avoid hitting the pedestrian, but this can sometimes be difficult to prove.

Because of contributory negligence, it is in your best interest to stay highly visible to vehicles while walking and not make unpredictable moves when crossing the road.

A Pedestrian’s Negligence May Contribute to an Accident

So, what might be considered as contributory negligence for a pedestrian? This can vary, and it is ultimately up to the defense or insurance company to prove that your actions qualify as such. However, some acts that could potentially be considered negligent include:

Darting out in the roadway unexpectedly.
Walking along a road where people rarely see pedestrians, like the side of the freeway.
Walking on the side of the road at night while wearing dark-colored clothing, making it hard to see that there’s a pedestrian present.
Looking down at your cellphone as you cross a street.
Crossing the street in an unexpected place, such as jaywalking rather than using a crosswalk.

As a pedestrian, the best way to avoid an accident is to behave predictably when vehicles are present. When people get hit by cars, regardless of who is at fault, the injuries are often severe. This can translate to significant costs, like medical bills and lost wages. Insurance companies will do everything they can to avoid paying fair compensation, even when their insured is clearly at fault.

If it can be proved in court that the pedestrian holds some of the responsibility for the accident, they will have to look to their own health insurance for help with medical bills. And there will be no compensation for lost wages or pain and suffering.

Myers Law Firm Can Help Pedestrians Seeking Compensation

If you are a pedestrian who has been hit by a car, the driver’s insurance company will probably do everything they can to keep you from receiving fair compensation. In order to avoid paying damages, they will try to prove you were even 1% responsible for the accident.

That is why it is so important to have the right lawyer on your side. An experienced personal injury lawyer knows all the ins and outs of the legal system and fights for the compensation you deserve.

At Myers Law Firm, we know how difficult it is to recover from an accident. That’s why we offer a free consultation to discuss your personal injury case and assess your liability claim. Call our offices today at 888-376-2889 or fill out this contact form to learn about your legal options for pursuing damages.

References

NCDOT, Division of Bicycle and Pedestrian Transportation. (2009, November 13). Pedestrian Laws of North Carolina. Raleigh, NC: North Carolina General Assembly. Retrieved from https://transportation.ncsu.edu/wp-content/uploads/2019/03/wt-ped-laws.pdf

Vehicle control signs and signals. NCDOT. § 20-158. (2020). https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_20.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Is Texting While Driving Illegal In North Carolina?

Is Texting While Driving Illegal In North Carolina?
Distracted Driving Causes Thousands of Crashes in North Carolina Every Year
Using a Device While Driving: What You Need to Know
What Should I Do If I Am in an Accident Caused by a Person Who Is Texting While Driving?
Contact Myers Law Firm if You Have Been Injured

Is Texting While Driving Illegal In North Carolina?

In short: yes.

North Carolina’s distracted driving laws cover any activity that takes your mind or your eyes off the road while driving. This includes texting, email, and in some cases talking on a mobile phone. However, the law doesn’t always prevent drivers from making dangerous choices and causing a crash.

If you or a loved one has been injured by a distracted driver, keep reading to learn more about texting and driving laws in North Carolina and the steps you can take to protect your insurance claim.

Distracted Driving Causes Thousands of Crashes in North Carolina Every Year

Car accidents—and the injuries and fatalities they cause—have been on the rise over most of the last decade. According to the National Highway Traffic Safety Administration (NHTSA), texting and driving was responsible for more than 3,000 fatalities in the United States in 2019.

Most experts agree that distracted driving is a major contributor to the alarming statistics. One only has to consider the rapid, massive increase in cell phone use to understand why.

Looking at just statewide figures, official 2019 statistics compiled by the North Carolina Department of Transportation report that 18.8 percent of all accidents involved at least one distracted driver. This resulted in:

53,541 crashes
23,467 injuries
154 fatalities

You may even be surprised to learn that, according to the same source, distracted driving is involved in almost five times as many accidents (53,451 compared to 11,492) as alcohol.

But reality may be even worse than that. Since distracted driving is often difficult to prove without being self-reported by the at-fault driver, the actual figures may be significantly higher.

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Using a Device While Driving: What You Need to Know

Texting and Emailing While Driving Are Both Illegal—Most of the Time

According to state laws, it is illegal for drivers to read or write text messages or emails while operating a motor vehicle. This includes while stopped at a red light.

There are a few exceptions to this rule. The texting and email law does not apply to:

Those sitting in a legally parked or stopped vehicle
First responders (police, firefighters, ambulance drivers) performing official duties.
Use of a GPS system
Hands-free communication technology

Those who are caught texting while driving will be subject to a minimum fine of at least $100. In more serious situations, you could be looking at a reckless driving charge, or even criminal death by vehicle charges.

Talking on a Cellphone Is Legal, but not for Minor Drivers

Unlike texting and emailing, just talking on a cellphone is usually permitted for North Carolina motorists over age 18. In recent years, bills that would make North Carolina a “hands free only” state and fully prohibit handheld cell phone use have been considered by the legislature, but none have been adopted yet.

Again, there are some exceptions to this rule. New drivers under age 18 are entirely prohibited from cell phone use for any purpose while driving a vehicle, unless they are talking with a guardian, spouse, or emergency responder. Violations are considered infractions and subject to a $25 fine.

School bus drivers are also prohibited from using a cell phone while the bus is in motion, with emergency situations being the only permitted exception. Violations are considered Class 2 misdemeanors, with a potential fine of at least $100.

What Should I Do If I Am in an Accident Caused by a Person Who Is Texting While Driving?

If you or a loved one has been injured by a someone who was text messaging while driving, or otherwise distracted while at the wheel, contact law enforcement and file a report. Tell the responder that you believe the at-fault driver was texting at the time of the incident.

If there are eyewitnesses who can back you up, make sure you collect statements from them—or at least get their contact information. If you are able, collect additional evidence at the scene, such as photographs of the crash scene and damage to your vehicle and license plate numbers for any involved vehicles. Exchange contact info, driver’s license numbers, and insurance info with the other driver.

If you are experiencing any symptoms—however minor—seek medical attention as soon as possible. Make sure the doctor documents the cause of the injury. Keep good records of your medical expenses, as well as any other expenses directly related to your injury (rental car, lost wages, etc.).

Why You Should Hire a Personal Injury Attorney After a Distracted Driving Crash

Hiring a personal injury attorney with experience in distracted driving cases can be extremely valuable. They can:

Calculate how much your case could be worth, so you don’t settle for far less than you deserve. Your case value can include medical bills, the cost of other medical care, lost wages if you missed work due to injuries, and pain and suffering. Estimating long-term damages can be tricky, and you don’t want to underestimate the true cost of your accident.
Help you gather and organize your evidence to build a strong case against the other driver, potentially including witness statements, digital forensics, and more.
Negotiate with the insurance companies on your behalf and prevent you from making costly mistakes or admissions.

Most initial settlement offers from insurance companies are far less than fair. And if you take that offer, you typically give up your legal right to pursue further compensation later. An experienced attorney can help prevent you from being taken advantage of by insurance adjustors, who are looking for the cheapest and quickest way to settle a case.

Most cases don’t go to trial, but are settled out of court. The insurance companies generally don’t want to deal with the risk of losing a huge jury verdict. When you have an experienced attorney on your side, you will be in a much better position to negotiate a fair settlement or take your case to court if need be.

Contact Myers Law Firm if You Have Been Injured

If you’ve been injured in a car accident, the team at Myers Law Firm is ready to help. We have over 60 years of combined experience representing clients in personal injury cases, and always put our client needs first.

In North Carolina, there is a three-year statute of limitations for personal injury cases. Hiring the services of an attorney as soon as possible can help ensure you don’t miss critical deadlines and lose your right to compensation.

Initial consultations for all personal injury cases are always free. To schedule, please call our Charlotte office toll-free at (888) 376-2889 or complete our online contact form today.

RESOURCES

Connect NCDOT. (2019). North Carolina 2019 Crash Facts. Retrieved from https://connect.ncdot.gov/business/DMV/CrashFactsDocuments/2019%20Crash%20Facts.pdf

National Highway Traffic Safety Administration. (2019). Distracted Driving. Retrieved from https://www.nhtsa.gov/risky-driving/distracted-driving

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What Should You Know About Texting and Driving Crashes?

What Should You Know About Texting and Driving Crashes?
What Counts as Distracted Driving?
The Relationship Between Cell Phones and Distracted Driving
How Can You Prove Distracted Driving?
Contact Myers Law Firm for Help

What Should You Know About Texting and Driving Crashes?

Texting and driving causes far too many accidents and near-misses. Distracted drivers played a role in over 50,000 crashes throughout North Carolina in 2019, according to data released this year. These accidents lead to tens of thousands of injuries annually, along with hundreds of deaths.

Keep reading to learn more about North Carolina cell phone laws while driving and what to do if you’ve been the victim of a texting and driving car crash.

What Counts as Distracted Driving?

Distracted driving involves anything that happens behind the wheel that is not directly related to operating a motor vehicle. The list goes on and on, but these actions fit into three buckets:

The mind: Letting your thoughts drift from driving is enough to qualify as a distraction. Daydreaming or talking with your passengers can distract you from what’s happening on the road.
The eyes: Taking your eyes off the road or your mirrors also qualifies as distracted driving. Merely glancing at your cell phone or looking at wildlife out your window distracts you from the task at hand.
The hands: Moving your hands away from the wheel to do something unrelated to driving is another distraction category. Adjusting the air conditioning or eating a sandwich can affect your ability to drive safely.

There’s a low bar for distractions, but using a cell phone often sits near the top of the list. Phone usage can fall into all three categories at the same time, increasing the likelihood that it could lead to an accident.

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The Relationship Between Cell Phones and Distracted Driving

A recent study by the Institute for Transportation Research and Education looked at how many drivers were using cell phones while driving in North Carolina. While the number of drivers talking on the phone dropped slightly from one year to the next, texting and driving was on the rise.

But not every number in that study involved illegal activity. State law still allows for some cell phone use in cars. While drivers under the age of 18 and school bus drivers can’t use a phone at all, adults are generally free to talk on the phone without a hands-free system. The freedoms, however, typically end there.

Here are the two primary distracted driving transgressions.

Writing: Typing out letters to talk with someone is likely enough to step over the line when out on public roads.
Reading: Taking your eyes off the road to read through a text or email can also count. It generally doesn’t matter if the message is fresh or saved.

There are a few exceptions, however. Some situations exist where phone usage might not constitute distracted driving in the event of a car accident.

Emergency services using phones to do their job
People that park or are legally stopped
Drivers using hands-free technology that responds to voice commands
Operators working a GPS device or dispatch system

How Can You Prove Distracted Driving?

First, it’s important to identify the four factors that constitute “negligence” in a personal injury claim:

Duty: A person has a duty to act with reasonable care at all times while driving. Every driver accepts this duty when they get behind the wheel.
Breach of duty: The driver did something that violated that duty. Texting could be a sign that the driver was ignoring the responsibility to act with reasonable care by putting others in harm’s way.
Cause: The breach of duty, the driver’s texting, caused the victim’s injuries.
Damages: The final step is often showing there were losses, like medical bills, lost wages, or pain and suffering.

Proving these different aspects starts with providing evidence that the other driver was using their phone:

Phone records: Call logs, text timestamps, and social media activity can reveal what was happening right before an accident.
Police report: If the other driver admitted to an officer that they were texting and driving, that would likely end up in the official record of the accident.
Witnesses: Passengers and onlookers might have seen the driver looking through their phone.

Contact Myers Law Firm for Help

Evidence can lay a solid foundation for your claim, but it’s often just the beginning. Knowing how to use the information, what help you need, and how to navigate the process can be complicated. Finding experienced help can go a long way toward getting the recovery you deserve.

Myers Law Firm has a long history of assisting injured drivers in North Carolina while providing the personal attention that each case can benefit from.

Please call us today at (888) 376-2889 or complete this brief form to set up a free consultation.

References

North Carolina Division of Motor Vehicles. (2019). North Carolina 2019 Traffic Crash Facts. https://connect.ncdot.gov/business/DMV/CrashFactsDocuments/2019%20Crash%20Facts.pdf

Institute for Transportation Research and Education. (2019, September). The 2019 North Carolina Observational Survey of Seat Belt Use. https://www.ncdot.gov/initiatives-policies/safety/ghsp/Documents/nc-seat-belt-survey-2019.pdf

Governors Highway Safety Association. (2021, April). Distracted Driving Laws by State. https://www.ghsa.org/sites/default/files/2021-04/DistractedDrivingLawChart-April21Edit3.pdf

N.C. Gen. Stat. § 20-137.4A. (2009).

American Bar Association. (2016, October). Negligence. https://www.ghsa.org/sites/default/files/2021-04/DistractedDrivingLawChart-April21Edit3.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Should You Be Worried About Leg Pain After a Car Accident?

Should You Be Worried About Leg Pain After a Car Accident?
Common Leg Injury Symptoms After a Car Crash
What to Do If You Have Leg Pain Following a Car Accident
Contact Myers Law Firm for Help After a Car Crash

Should You Be Worried About Leg Pain After a Car Accident?

After a crash, it can be hard to tell what are simple aches and pains, and what is a sign of something more serious. Leg pain is a common injury, but it can also be a sign of a serious injury that could require intensive care. So how do injured people tell the difference and decide what to do next?

In this blog, we’re going to focus specifically on leg pain after a car crash and how this pain might point toward a more serious injury. Understanding the source of your leg pain could be an important aspect of a potential personal injury case, as well as your physical and emotional health moving forward.

We do not make any medical decisions. Those decisions are between you and your doctor. We take what the doctors say about your injuries and provide you with legal advice.

Over our years of experience, we have seen many, many leg and foot injuries from car accidents. Below you will find information on what we see when representing clients with leg pain after a crash. To fully understand your injuries, you need to talk to a medical professional.

Common Leg Injury Symptoms After a Car Crash

If you’re experiencing pain, weakness, soreness, or other leg discomfort after a crash, it could be a sign that something is seriously wrong. That doesn’t mean you should worry, however, just that you should go see a doctor so you understand what type of injury you could be experiencing.

Here are the most common leg injuries our firm sees for clients who have been in a car accident:

Bruises and Cuts: It’s rare for a car crash victim to not suffer at least minor bruises and lacerations, even from relatively minor accidents. Most of these injuries will heal within a few days, but more severe bruises and cuts could require stitches, medication, or even surgery.
Soft Tissue Injuries: Our clients have often suffered sprains, tears, and ruptures in their lower extremities after a car crash. Many of these injuries will heal over time with the help of rest, medication, and physical therapy. Others, however, require surgery and can cause life-long issues.
Knee Injuries: In addition to muscle and bone damage, knee injuries often include damage to the various ligaments and tissues that make up the knee joint:
- Anterior cruciate ligament (ACL). The ACL connects your femur with your tibia to stabilize your knee joint. When this ligament is damaged, it can be extremely painful and leave lasting effects. This injury often requires surgery.
- Posterior collateral ligament (PCL). Severe PCL injuries are less common than ACL injuries but can be every bit as painful and damaging. Even though the PCL is located in the back of the knee, it can often be injured when a bent knee makes blunt force trauma with a dashboard or steering wheel.
- Meniscus. The meniscus is a c-shaped piece of cartilage that acts as a cushion for the kneecap. If you tear your meniscus, you will be unable to bear weight on that knee and will require surgery in order to heal properly.
Broken Bones or Fractures: We all have dozens of fragile bones in our legs, feet, and toes, all of which are vulnerable in a car crash. Whether your pain is a result of a hairline fracture, a clean fracture, or a compound fracture, you will need to visit a medical professional. Minor breaks (such as in your toes) will often heal on their own, but when left undiagnosed, can become more serious. More severe fractures will need to be set and cast — and might even require pins, screws, rods, plates, or even full joint replacements.
Herniated Disks/Sciatica: The discs in your back rest between the bones of your spine to provide cushion and support. When the nucleus of one of these discs rips or bulges, it presses on the spine causing sciatica. Sciatica is a sharp shooting pain that consistently shoots down the sciatic nerve from your spine through your lower leg(s). It can be incredibly painful or even cause numbness, weakness, or pins and needles in the back of the leg.

Every accident is different, and everyone’s body is different, so your pain will depend on your unique experience. If you’re experiencing some of these symptoms, or even something different it’s a sign that you’ve been injured.

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What to Do If You Have Leg Pain Following a Car Accident

Leg pain following a car crash can be symptomatic of a very serious injury. We are not doctors and cannot provide you with medical advice. If you’re experiencing leg pain, don’t ignore it or sit around worrying about what it might be. It is in your best interest to go to the emergency room or urgent care, or to immediately or schedule an appointment with your primary care physician. The faster you get medical attention and receive a diagnosis, the faster you’ll be on the path to recovery.

In addition, you should document your symptoms and any financial costs or emotional turmoil you’re experiencing as a result of your leg pain. Gather and preserve documents like:

Police reports
Pain journal
Medical bills
Photos of the crash site or your injuries
Correspondence from insurance companies
All medical records, including x-rays, CT scan results, MRI data, etc.

Armed with this evidence, your personal injury attorney will be able to understand the circumstances of your situation, calculate your damages, and better represent you with the insurance company or in court.

Contact Myers Law Firm for Help After a Car Crash

Filing an insurance claim or a lawsuit is a viable way for accident victims to recoup their medical care costs and pain and suffering. But, in order to understand the lifetime value of your claim and increase the chances of success, you need a skilled and experienced personal injury attorney at your side.

Providing honest, client-focused representation for more than 40 years, Myers Law Firm is dedicated to providing you with the legal resources you need to file and litigate a successful claim. Please call (888) 376-2889 today or complete this simple form to schedule your confidential free consultation with one of our personal injury lawyers.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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9 Secrets the Insurance Adjuster Doesn’t Want You to Know

9 Secrets the Insurance Adjuster Doesn’t Want You to Know
1. The Insurance Adjuster Is Not There to Help the Victim
2. You Don’t Have to Give an Insurance Adjuster a Statement Before Contacting a Lawyer
3. Any Statement You Give the Adjuster Will Most Likely Hurt Your Case
4. The Insurance Company Will Look for Any Way to Use Your Pre-Existing Conditions and Medical History Against You
5. The Adjuster Will Underestimate Your Pain and Suffering Damages, Which May Be Significant
6. The Adjuster Wants to Prevent You from Contacting a Lawyer Because They Know It Will Help Your Claim
7. Contacting an Attorney Will Never Hurt Your Chances of Getting the Compensation You Deserve
8. The Adjuster’s First Offer is Rarely the Best Offer
9. A Lawyer Can Evaluate Your Case for Free

9 Secrets the Insurance Adjuster Doesn’t Want You to Know

After a serious car crash, you will likely work with an insurance adjuster on the road to receiving compensation and benefits. Unfortunately, the insurance company does not have your best interests in mind, which can sometimes make the process of filing a claim overwhelming.

The good news is that you don’t have to go into negotiations unprepared. In this article, we’ll share nine industry secrets to help you navigate this complicated process.

1. The Insurance Adjuster Is Not There to Help the Victim

Insurance companies are for-profit, and they make money by denying claims. The job of a claims adjuster is to close the claim as soon as possible, and pay you as little money as possible. With this in mind, you can more easily recognize and prepare for the tactics an insurance company will use to downplay your case. Remember: the insurance adjuster has the company’s interests in mind, not yours.

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2. You Don’t Have to Give an Insurance Adjuster a Statement Before Contacting a Lawyer

After a car accident, an insurance adjuster will want to collect a statement with your version of events. What they don’t want you to know, however, is that most lawyers recommend that you withhold from providing a statement before seeking legal counsel, since the insurance company will likely use your words against you. An insurance adjuster knows that the average person will have trouble navigating the legal landscape surrounding a case, and will use this to their advantage.

3. Any Statement You Give the Adjuster Will Most Likely Hurt Your Case

The sole purpose of a recorded statement is to provide the insurance company with evidence to use against you. Insurance adjusters are trained to look for anything that could potentially support a claim denial, including medications you’re taking, doctor visits, and how quickly you sought medical care following your accident or injury. They know how to ask questions in a way that skews the answers in the insurance company’s favor.

Keep this in mind if you are considering giving a statement before contacting legal counsel, and know that the outcome of this interview will affect whether or not you get the compensation you deserve.

4. The Insurance Company Will Look for Any Way to Use Your Pre-Existing Conditions and Medical History Against You

When the insurance adjuster takes your statement, they are looking for reasons to deny your claim. So, if you have a pre-existing condition, the insurance company could use this as a reason to deny your claim.

Even if your medical history has no bearing on the current situation, the insurance company can and will try to blame everything on the pre-existing condition.

5. The Adjuster Will Underestimate Your Pain and Suffering Damages, Which May Be Significant

After an accident or personal injury, one of the factors to consider is pain and suffering damages. These are different from hospital bills and other medical expenses, and refer to conditions like PTSD, anxiety, depression, and panic attacks.

The cost of these conditions is hard to pin down and depends largely on circumstances, and an insurance adjuster may take advantage of this subjectivity to severely underestimate your compensation. This is why the first offer an insurance company presents to you will often be far less than you deserve.

6. The Adjuster Wants to Prevent You from Contacting a Lawyer Because They Know It Will Help Your Claim

It can be difficult to calculate exactly how much your case is worth, and when to turn down or accept an offer from the insurance company. Insurance companies are not legally required to disclose every benefit for which you qualify, and they rely on the fact that you will not know how to negotiate for a fair settlement. The job of a personal injury lawyer is to thoroughly understand the worth of your case, and to advocate for the compensation you deserve. Working with an experienced attorney can make all the difference when it comes to receiving a fair settlement.

7. Contacting an Attorney Will Never Hurt Your Chances of Getting the Compensation You Deserve

While negotiating a claim, an insurance adjuster may try to talk you out of contacting an attorney. For example, you may be asked to wait to seek legal counsel until you are presented with an offer.

What they will likely not tell you is that it actually costs more for the insurance company to handle your settlement if you are represented by an attorney. Consulting a lawyer poses no threat to your chances of receiving compensation. And unlike the insurance company, your lawyer will be your advocate, not your adversary.

8. The Adjuster’s First Offer is Rarely the Best Offer

The insurance adjuster’s job is to get to the lowest possible settlement, regardless of how well your expenses are covered. That means that if the insurance company offers you a payment, it will pressure you to accept a much smaller amount than you deserve. Oftentimes, you can increase the amount of compensation you receive by simply waiting out the insurance company, and not accepting the first offer they send your way.

9. A Lawyer Can Evaluate Your Case for Free

Dealing with the aftermath of an accident or personal injury is never easy. A free consultation with a lawyer can bring the details of your case into focus and shed light on the best possible settlement outcome. Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with us. We’ll use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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The 5 Most Important Questions to Ask Your Doctor After a Car Accident

The 5 Most Important Questions to Ask Your Doctor After a Car Accident
1. What Are My Specific Injuries?
2. What Is My Long-Term Outlook for Recovery?
3. Do I Need Any Medications?
4. When Can I Go Back to Work? (And What Restrictions Should I Observe?)
5. Should I Seek Treatment With a Specialist?
Need Help After a Car Crash in Charlotte, North Carolina? Call Myers Law Firm TodayConclusion

The 5 Most Important Questions to Ask Your Doctor After a Car Accident

77% of drivers have been in at least one car accident, according to a report released by Esurance, and the average driver will have to file an auto insurance claim for a car wreck every 18 years. So, you’re likely to be involved in three or four car crashes in your lifetime, which means it’s important to be prepared.

Many car crash victims skip going to the doctor after their accident. And even when they do go, injured victims sometimes don’t tell their doctor the full story. Making either of these mistakes could lead to prolonged, potentially life-threatening ailments and injuries. And either mistake could also cost you substantial financial compensation if you choose to file a personal injury claim.

If you get injured in a car accident, you should always go to the hospital or a doctor’s office and receive treatment as soon as possible, and you should give complete and thorough answers to any questions from a medical professional. However, sometimes even this isn’t enough.

Some doctors excel at communicating and keeping patients in the loop, but not all doctors are good at this. So, you may need to be proactive. You need to ask your medical team the right questions to protect your health, which should be your number one priority after an accident. And as you receive medical treatment, you’ll also build critical documentation that will prove essential if you decide to file a personal injury claim.

Keep reading to learn the five most important questions to ask your doctor after a car crash.

1. What Are My Specific Injuries?

To understand what you’ve endured so far and what may come, you need to know exactly which injuries you’ve suffered. Diagnosing your exact injuries may require additional lab testing and diagnostic imaging, such as an X-ray, CT Scan, or MRI.

If the doctor tells you about an injury and you’re not sure exactly what it means, ask for more information. Ask the doctor to be as specific as possible. For example, if you suffered a lower leg injury, was it a sprain, tear, or fracture? Or, if your back is injured, which vertebrae are affected? For all injuries, ask the doctor to document whether he or she considers them to be minor, moderate, or severe.

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2. What Is My Long-Term Outlook for Recovery?

Understanding your long-term outlook is not only important for your health and wellbeing, but it could also be an important factor in determining how much compensation you’re entitled to receive through a personal injury claim. For any doctors you visit, you should ask how long they believe it will take for you to recover fully from your injuries — physically, mentally, or emotionally, depending on what type of medical professional you’re seeing. In some cases, your recovery might be a matter of weeks.

However, some victims suffer injuries that never fully heal. Hearing that your injuries may create limitations or complications for life can be frightening, but the best thing you can do to fight that fear is to learn as much as you can. The more you know about your injuries and your prognosis, the better you can prepare yourself for the road ahead and set your expectations.

Even if you’ll never regain all the abilities you enjoyed before the injury, you’ll eventually reach a point doctors call “maximum medical improvement. When you reach this point, you’ve recovered as much as possible.

Your doctor probably won’t be able to guarantee that you can reach maximum medical improvement in any exact amount of time. However, they should be able to at least give you a general range that describes how long the process might take.

3. Do I Need Any Medications?

Before asking about any prescription or over-the-counter (OTC) medications to treat your injuries, make sure to give your doctor a complete description of all medications you’re currently taking. Giving your doctor this information will help avoid potential side effects, negative interactions, or excessive (and potentially harmful) dosages.

Once you’ve given a full account of your past and current medication use, you should inquire as to any prescriptions or OTCs that may help treat the pain, swelling, or emotional distress of your injuries. If you have suffered any deep cuts or burns, be sure to ask whether antibiotics might help reduce swelling or the risk of infection.

4. When Can I Go Back to Work? (And What Restrictions Should I Observe?)

Depending on what you do for a living and the nature of your injuries, your pain, injury symptoms, and limitations might prevent you from returning to work for a while or maybe even forever. A personal injury claim can help you receive compensation for the wages and career opportunities you’ve lost, but you need to establish how long it will take to return to work (if you ever can) and what your limitations will be when you come back.

Although your doctor may not know exactly when or if you’ll be able to work again, they should still be able to say whether you can work right now and give a general estimate of when you might be able to work again. This estimate may change during your treatment and recovery process, but it’s still important to get a baseline estimate as soon as you can.

5. Should I Seek Treatment With a Specialist?

The first doctor you visit may be able to diagnose your injuries, develop an accurate prognosis and treatment plan, and give you a rough timeframe that estimates how long you’ll be out of work. However, this could also not be the case. Your doctor may suspect you have a certain type of injury, but they may not have the specialized training or equipment needed to diagnose you, create a treatment plan, or give an accurate prognosis. If this happens, your doctor should send you to a specialist.

Specialists are highly trained medical professionals who focus on distinct areas and systems in the human body. For example, if your treating physician believes you’ve suffered a traumatic brain injury, they will likely refer you to a skilled neurologist — a doctor who specializes in the human brain. Or, if your back has been injured as a result of your car crash, your doctor may schedule an appointment for you to meet with an orthopedist who specializes in disorders and injuries of the spine.

Medical Records Create Essential Evidence for a Personal Injury Claim

After you’ve asked the questions above and received a thorough medical evaluation, you’ll need to get copies of all your medical records, including this most recent visit. This documentation of your previous medical history and any records related to your car crash will provide critical evidence if you decide to file a personal injury claim.

It’s not easy to gather and organize medical records. This process can take a lot of effort and time, and you may end up exhausted, especially if you’re still working to recover from your injuries. However, if you hire an experienced personal injury attorney, they should be able to handle the evidence-gathering process so you can focus on your health and recovery.

Need Help After a Car Crash in Charlotte, North Carolina? Call Myers Law Firm Today

If you’ve suffered injuries because of another driver’s negligence in Mecklenburg County, you’re entitled to financial compensation under the law. The attorneys at Myers Law Firm are experienced, compassionate, and ready to fight for justice on your behalf.

To get a free evaluation of your case from attorney, call (888) 376-2889 or use our quick and easy online contact form.

Reference

Larsen, A. (2020). Infographic: The odds of a ticket or an accident. Esurance. Retrieved from https://blog.esurance.com/infographic-odds-of-ticket-or-accident/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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5 Critical Steps After a Car Accident

Steps to Take Both at the Scene of the Accident and in the Days Afterward
At the Scene of the Collision
In the Days After Your Car Wreck
Myers Law Firm: Here When You Need Us Most

Steps to Take Both at the Scene of the Accident and in the Days Afterward

In the minutes, hours, and days after a car accident, your mind will be whirling with memories and “what-ifs” as well as the seemingly endless to-do list related to your medical needs, financial considerations, and legal case.

While calling 911 and checking your car for damage might come to mind easily, other important steps to take after a collision are not as straightforward.

Below, we’ve compiled a list of important steps to take both at the scene of the accident and in the days afterward. You may even want to bookmark this list or print it out and keep it in your vehicle in case the unexpected does happen and you find yourself involved in a crash.

At the Scene of the Collision

1. Ensure everyone’s immediate safety if you can. Move any vehicles that can be moved to the side of the roadway. Otherwise, use cones, flares, and/or other indicators to draw attention to vehicles that are stuck in the road. If you’re waiting for help in an immobile vehicle, make sure to keep your seat belt buckled and turn on your hazards.

2. Call 911 to bring emergency personnel and police to the scene. Even if there are no obvious injuries, it’s important to notify the police of the accident. Getting a police report on file is a crucial step after a car accident.

3. Exchange essential information with other drivers, including names, addresses, phone numbers, insurance information, driver’s license numbers, and license plates. You should avoid discussing the details of what happened, however. Take special care to avoid statements that could be interpreted as admitting fault for the accident or speculating about who is at fault.

4. Document the circumstances of the accident and conditions at the scene by writing down details and taking pictures with your cell phone or a camera. If any witnesses are present, ask for their essential contact information.

5. If you don’t require emergency medical treatment, make a doctor’s appointment right away if you have any injuries, even minor ones. There may be underlying medical issues that need to be addressed, and you should receive prompt medical treatment for any In many cases, the full extent of your injuries may not show up until later in the day or even the next day. A lot of people try to “tough it out,” but this may make things worse. Your health is your number one priority and you should address it sooner rather than later.

As a secondary concern, if someone else was at fault for the wreck, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering, but you need a prompt medical evaluation to relate the injuries to the wreck.

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In the Days After Your Car Wreck

Obviously, there’s a lot to deal with after a wreck, even after you’ve taken the above steps. The next important move is to contact an experienced personal injury attorney for a free consultation about your case. Your attorney can give you an honest evaluation of your legal case and inform you about your options at no risk to you, and after you hire them, they can investigate your case and keep track of all the complex details that are involved in a personal injury lawsuit. They will also deal with the insurance companies for you, which can remove an enormous source of stress and allow you to focus on your physical and mental recovery.

During this time, you should also pay close attention to your body and any injuries or symptoms you experience, making sure to report everything to your physician. Not all symptoms show up right away after a car accident; complications that appear or get worse over time can include pain, dizziness, and numbness. For both medical and legal reasons, it’s critical to see a doctor anytime you’re experiencing anything out of the ordinary with your health in the days and weeks after a car crash.

Myers Law Firm: Here When You Need Us Most

The experienced personal injury attorneys at Myers Law Firm are committed to helping injury victims in the wake of traffic accidents and whenever our advice and advocacy are needed. If you or someone you love has been injured in a motor vehicle accident, please contact our offices to set up a free, no-risk consultation and learn about your legal options. To get in touch with us right away, complete the contact form on our website, or call 888-376-2889.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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The Top 3 Mental Health Issues Victims Face After a Car Accident

Most Common Mental Health Issues That Are Caused By Car Crashes
Mental Health Issues as Damages in Your Injury Claim
Myers Law Firm Helps Car Crash Victims Struggling With Mental Health Issues

Most Common Mental Health Issues That Are Caused By Car Crashes

After a serious car crash, most people focus on coping with financial setbacks and healing from physical injuries — but physical injuries aren’t the only type of damage victims deal with after an accident. Many car crash survivors experience serious, and sometimes long-lasting, mental health issues. While some emotional distress fades away over time, other psychological effects could be lengthy and have a substantial negative impact on your relationships, work, productivity, and general mental wellbeing.

If you’ve been in a serious car crash and are experiencing emotional distress, don’t try to cope on your own. You need to treat mental health issues just like any physical injuries you sustain in a wreck. Always speak to a doctor or psychiatrist. They might suggest coping methods or recommend psychotherapy or medication.

Keep reading to learn about the three most common mental health issues that are caused by car crashes and how filing a personal injury claim can help cover damages for your pain and suffering.

RELATED ARTICLE: 3 Reasons You Should Get Medical Treatment After a Car Accident

https://youtu.be/Os-FurMaBZA

1. Acute and Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is the most common mental health issue experienced by car crash survivors. According to the American Psychological Association, motor vehicle accidents are the number one cause of PTSD in the general (non-military) populace. Acute Stress Disorder (ASD) has many of the same symptoms as PTSD but lasts less than four weeks.

Symptoms of Post-Traumatic Stress Disorder

PTSD presents differently for everyone and might not fully manifest until weeks after the crash, making it difficult to diagnose. You may be experiencing PTSD if you:

- Have recurring thoughts and flashbacks of the accident
- Experience emotional numbness and difficulty connecting
- Avoid people, places, or activities that remind you of the crash
- Are constantly alert, hyper-vigilant, or paranoid

Seek Help: Untreated PTSD Has Serious Side-Effects

Post-traumatic stress disorder can have a significant impact on your life if you try to cope with it on your own. Letting PTSD go untreated can lead to:

- Anger management issues
- Loneliness and depression
- Suicidal thoughts

Never assume a mental health issue will go away on its own. While some conditions such as ASD have shorter durations, they can still negatively impact your life.

2. Persistent Anxiety

Many people experience minimal or mild anxiety for months after a serious crash, but the National Institutes of Health (NIH) states that moderate and severe levels of anxiety can also be present for weeks or even months after an accident. Females are particularly susceptible to persistent anxiety following a car crash, with around 70% experiencing high levels of anxiety in the first month and almost 15% still experiencing moderate levels of anxiety 6-8 months later.

Anxiety Can Cause Other Health Issues

As anyone with a generalized anxiety disorder can attest, anxiety can have a significant impact on your daily life. People suffering from anxiety caused by specific experiences like a car crash may face additional side effects, such as:

- Phobias: The NIH states that nearly 40% of crash survivors experience persistent phobias related to driving and being in a vehicle. Others also fear people or places related to their crash and experience dystychiphobia, the fear of being in a car accident.
- Panic Attacks: Car crash survivors might have panic attacks triggered by sights, sounds, or even smells that remind them of the crash.
- Sleep Disorders: Victims experiencing high levels of anxiety are also likely to have issues sleeping and with higher-than-normal fatigue. Sleep disorders can result from hyper-vigilance and an inability to relax or frequent nightmares and flashbacks.
- Physical Symptoms: Headaches, dizziness, chest pain, nausea, and muscle tension are all physical symptoms that can be caused by prolonged or frequent anxiety. Anxiety can also worsen conditions like asthma, high blood pressure, and heart disease and weaken your immune system.

Coping With Anxiety After a Car Crash

Unfortunately, many people do not take anxiety seriously and might not even notice that their anxiety is slowly affecting various aspects of their life. Anxiety is not “just stress,” and seeking help for your anxiety does not mean you “aren’t strong enough” to cope with stress on your own. Luckily, these misconceptions are slowly becoming less prevalent today as more and more people recognize anxiety as a viable mental health issue and seek treatment.

Nearly 20% of U.S. adults have been diagnosed with anxiety, making it the most common mental health issue in the country. If you are experiencing prolonged anxiety or any anxiety attacks after a car crash, please don’t hesitate to reach out to your doctor or another medical professional for help. You can also learn more about anxiety and other related conditions here.

3. Major Depressive Disorder

Depression, clinically referred to as major depressive disorder (MDD), is another mental health issue common in both crash victims and the general populace. For crash victims, depression is often tied to the physical injuries and pain sustained from the crash.

Warning Signs of Major Depressive Disorder

Depression is a serious issue. If you are experiencing a combination of these symptoms after being in a car crash, you should speak to a psychologist as soon as possible.

- Daily fatigue and lack of energy
- Feelings of guilt or worthlessness
- Lack of enjoyment or interest in activities
- Recurring suicidal thoughts
- Decreased concentration
- An inability to sleep or difficulty waking up
- Irrational irritability or anger
- Significant weight loss or gain

Why Is Depression Common After a Car Crash?

Some physical injuries limit victims’ ability to work, exercise, and enjoy day-to-day activities like playing with their children. If you’re suddenly unable to partake in activities that you used to enjoy because of pain or a debilitating injury, it’s no surprise you may become depressed.

Likewise, the stress and worry that victims experience regarding the financial effects of their car crash can also trigger depression. Additionally, many victims who experience anxiety or PTSD also experience depression, and some medications that treat anxiety can also be used to treat depression. If you suspect you might be struggling with depression, please speak to a healthcare professional today to receive the treatment you need.

Mental Health Issues as Damages in Your Injury Claim

Worried about the cost of psychotherapy or mental health medications after a car crash? If you’re filing a personal injury claim for your crash, your attorney can include the cost of medication and psychological therapy as part of the damages owed to you by the negligent party.

Here’s how it works.

Bills and Other Economic Damages

Just like medical expenses you acquire due to physical injuries, seeing a doctor or psychologist for a psychological check-up is an expense that was directly caused by your crash and can be included in your claim. Likewise, medication prescribed by a physician for a mental health issue is also a tangible medical expense.

Pain and Suffering Are Non-Economic Damages

Like pain and suffering, mental health issues are considered non-economic damages in your claim. Putting a value on your physical pain and psychological suffering is a complicated process, but an experienced personal injury attorney can help get you the compensation you deserve.

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Myers Law Firm Helps Car Crash Victims Struggling With Mental Health Issues

At Myers Law Firm, we understand that car accident victims often suffer temporary or long-lasting psychological effects in addition to their physical injuries. We are dedicated to making the personal injury claim process as simple and streamlined as possible so that you can focus on taking care of yourself and your family without additional stress.

If you or a loved one has been in a serious car crash that resulted in mental health issues or physical injuries, please contact Myers Law Firm today to receive your free consultation. Call us at 888-376-2889 or complete this brief online form to get started.

References

American Psychological Association. (2003, December 7). Motor vehicle accidents are leading cause of post-traumatic stress disorder [press release]. Retrieved from https://www.apa.org/news/ press/releases/2003/12/accidents-ptsd

Anxiety and depression – Facts and statistics. (2016). Anxiety and Depression Association of America. Retrieved from https://adaa.org/about-adaa/press-room/facts-statistics

Fitzharris, M., Fildes, B., & Charlton, J. (2006). Anxiety, acute- and post-traumatic stress symptoms following involvement in traffic crashes. Annu Proc Assoc Adv Automot Med. 50, 297–315. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217473/

Sutherland, J., Middleton, J., Ornstein, T.J., Lawson, K., & Vickers, K. (2016, August). Assessing accident phobia in mild traumatic brain injury: The accident fear questionnaire. Rehabil Psychol 61(3), 317-327. doi: 10.1037/rep0000090. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/27362874

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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No One Got a Ticket in the Crash — Can I Still File an Injury Claim?

No Ticket From Car Accident
Why Wasn’t a Ticket Issued for My Car Crash?
The Importance of Proving Fault for a Personal Injury Claim in North Carolina
How Do I Prove Fault Without a Ticket?
Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina

No Ticket From Car Accident

Tickets and police reports can be useful evidence for supporting a personal injury claim and proving the other driver was at fault for your car crash. But what if a ticket wasn’t issued? Does this mean you can’t file? The short answer is no. A lack of a ticket does not mean a lack of fault.

If you were in a car crash and neither you nor the other drivers received a ticket, you can still file a personal injury claim if the other driver caused the crash. While proving fault does not require that a ticket be issued, working with a skilled and experienced personal injury attorney can increase your chances of recovering compensation for your injuries.

Keep reading to learn more about why the police might not have issued a ticket, how this will affect your personal injury claim, and how to prove fault.

Why Wasn’t a Ticket Issued for My Car Crash?

There are two main reasons why the police might not have written a ticket despite a crash occurring.

1. No Laws Were Broken

How can there be a crash if no one broke the law? If neither driver was speeding, following too closely, or otherwise making illegal or poor driving maneuvers, it’s possible that a crash occurred without breaking any traffic laws.

2. The Police Couldn’t Determine Fault

If the police did not witness the crash and the cause is not obvious, they may not be able to determine what exactly happened without further investigation. Unless there is a death or serious injury, the police will not conduct an in-depth investigation. In this case, they wouldn’t write a ticket, and the police report might not have any information that’s useful for proving your claim.

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The Importance of Proving Fault for a Personal Injury Claim in North Carolina

While a ticket being issued by the police may be very helpful for your claim, the ticket alone may not prove the other driver was at fault.

State Auto Insurance Requirements

North Carolina requires drivers to have liability coverage, but this only covers damages to the other person if you are the cause of the crash. Your injuries are not covered. In North Carolina, the only auto insurance policy that includes coverage for your own injuries is a Med Pay policy. However, many North Carolinians don’t have Med Pay, because they are not required to by law.

If you were in a crash in North Carolina and only have liability insurance, proving that the other driver was responsible for the crash is the only way to recover compensation for your injuries.

North Carolina’s Contributory Negligence Law

North Carolina follows a pure contributory negligence law for car crashes. Under this law, if you are found to be even partly at fault for the crash, you are completely barred from recovering any compensation for your damages. Proving fault is especially important in this case.

Not only do you need to prove the other driver was at fault, you also need to prove that you were not at fault. An experienced personal injury attorney can help you fight insurance companies and opposing attorneys if they are trying to pin part of the blame on you.

How Do I Prove Fault Without a Ticket?

Although tickets can be strong pieces of evidence, they are only one of the factors considered when determining liability for a crash. So, if no one received a ticket, you and your attorney will have to focus on other elements and evidence instead.

Accident attorneys have experience demonstrating negligence through a variety of methods, including:

Assembling reports, video footage, or physical evidence from the crash scene
Taking witness testimonies
Performing accident reconstruction to recreate the crash
Other investigative techniques

Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina

At Myers Law Firm, our knowledgeable car accident attorneys have experience countering North Carolina’s harsh contributory negligence law and helping clients fight insurance companies to receive the compensation they deserve. If you or a loved one have been in a car crash in which no ticket was issued and need help proving fault to recover damages, please don’t hesitate to contact us today.

Call us at 704-376-3000 or complete this brief online form to speak with an experienced personal injury accident attorney today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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What Should I Do After a Hit-and-Run Crash?

What to Do If You’ve Been in a Hit-and-Run Car Crash

What to Do If You've Been in a Hit-and-Run Car Crash

After a car crash, responsible drivers stop and collect information from each other, report the accident to the police, and call for medical help if necessary. But what happens if the other vehicle drives off?

According to the AAA Foundation for Traffic Safety, more than 10% of car crashes reported to the police are hit-and-runs. If you’ve been the victim of a hit-and-run car crash, it’s understandable that you would be confused about what to do next and how to recover compensation for your injuries. After all, how do you file a personal injury claim if you don’t know who is responsible for your injuries?

One of the most important things to understand about a hit-and-run crash is that you should treat it much the same as a regular crash. Although there might not be someone for you to identify as the at-fault party, you will still need to prove that you were not at fault and deserve compensation. Contacting an experienced attorney will greatly increase your chances of obtaining compensation for property damages and medical expenses from a crash where the other driver is unidentified.

Keep reading to learn what to do if you’ve been in a hit-and-run car crash.

1. Attempt to Identify the Other Driver

The police are frequently unable to catch hit-and-run drivers. You can increase their chance of finding the driver if you write down information immediately after the crash while the details are still fresh in your mind. It can be beneficial for the police’s investigation if you:

- Write down any details you noticed about the other vehicle, such as color, make, model, or even a partial license plate number.
- Call the police and wait at the scene.
- Ask other drivers or pedestrians if they witnessed the crash and saw anything that could help identify the driver.
- Check local shops for security cameras or additional witnesses.
- Take pictures of the damage to your vehicle.

2. Seek Medical Treatment for Your Injuries

The first thing you should do after an accident is get yourself checked out at a hospital, even if your injuries are minor. Not only is this crucial in terms of your overall health, but seeking medical treatment is an important aspect of your personal injury claim.

RELATED ARTICLE: 3 Reasons You Should Get Medical Treatment After a Car Accident

Visiting a doctor after an accident allows you to document your injuries and demonstrate that you took them seriously. Both are very important in a personal injury case for proving you deserve compensation.

3. Understand How to Recover Damages From a Hit-and-run Crash

In a regular accident, the at-fault party’s insurance will be responsible for paying for the damage to your vehicle and person. But unless you can identify the hit-and-run driver, you’re going to have to go through your own insurance to obtain compensation.

Because North Carolina is an at-fault state, the only way to file with your insurance is through uninsured motorist coverage.

What Is Uninsured Motorist Insurance?

Uninsured motorist insurance covers drivers in crashes where the other party does not have any auto insurance. It acts as the uninsured driver’s liability coverage and will cover damages up to policy limits.

Uninsured motorist insurance includes both bodily injury and property damage coverage and is relatively inexpensive. In North Carolina, basic uninsured coverage is included on all insurance policies, meaning you will have at least some coverage to help you after your hit-and-run crash. Additional uninsured coverage can also be purchased.

What Compensation Can I Recover From a Hit-and-run Crash?

As the victim of a crash, you are entitled to compensation for your medical expenses, property damage, and any pain and suffering you experienced.

- Economic: Economic damages cover the cost of any current or future expenses that resulted from the crash. These expenses include medical bills, physical therapy costs, car repair bills, or lost wages.
- Non-Economic: Non-economic damages cover the intangible costs of your accident such as pain and suffering. Putting a price on the pain and suffering someone experienced is a very complicated process and typically requires the help of an attorney to estimate accurately.

4. Speak With the Experienced Personal Injury Attorneys at Myers Law Firm

Understanding how you can receive compensation for injuries sustained in a hit-and-run is only the first stage in your damage recovery process. You’ll need to work with an experienced personal injury attorney to help navigate the insurance claim process and collect damages throughout the length of the process.

Call Myers Law Firm today at (888) 376-2889 or complete our online contact form to schedule your free consultation and get the help and compensation you deserve.

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References

AAA Foundation for Traffic Safety. (2018, April 26). Hit-and-run deaths hit record high [press release]. Retrieved from https://newsroom.aaa.com/tag/aaa-foundation-for-traffic-safety/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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9 FAQs About North Carolina Auto Insurance, Answered

North Carolina Auto Insurance Policies and Processes
Contact Myers Law Firm If You’ve Been in an Accident

North Carolina Auto Insurance Policies and Processes

After an accident, your first instinct might be to turn to your insurance company for help, but their priority is to maximize profits — not compensate you for your injuries and losses. Some states, like North Carolina, have policies and laws that complicate this insurance process even further and provide additional ways for insurance companies to avoid paying full compensation. Rather than turning to your insurance company, you should speak with an experienced personal injury lawyer immediately after your accident to discern if you have a valid claim.

Here’s what you need to know about North Carolina auto insurance policies and processes to keep you and your family safe on the road.

1. Is Auto Insurance Required in North Carolina?

Basic liability insurance, which covers damages to other people (bodily injury liability) and their vehicles (property damage liability) as the result of an accident involving the covered automobile, is required in the state of North Carolina.

2. What Is Contributory Negligence?

In North Carolina, the Contributory Negligence Law states that the injured party cannot collect any compensation from the other driver if the injured party was also at-fault for the accident. This applies even if the injured person is only 1% at fault and the other driver is 99% at fault. This harsh law hurts injury victims.

RELATED ARTICLE: What Is Negligence, Anyway?

3. What Is Med Pay Insurance and Why Do I Need It?

Med Pay covers all necessary and reasonable medical expenses of anyone in the covered vehicle up to the policy limits regardless of whether you played a role in the accident.

In states with contributory negligence laws, Med Pay is critical since being found 1% at-fault for an accident will leave you unable to collect any liability insurance money. (Collision insurance is also recommended to help pay for damages to your vehicle.)

RELATED ARTICLE: How Med Pay Coverage Can Help You After a Car Crash.

4. What Happens If I Don’t Have Auto Insurance?

Letting your auto insurance lapse (or not having any to begin with) will result in civil penalty fines, license suspension, and even jail time for repeat offenses.

Furthermore, in the event you’re found to be at-fault for a collision, you could pay anywhere from a few thousand to a few hundred thousand dollars in out-of-pocket medical bills and damages to the other driver(s) — in addition to your own bills.

5. What Is Uninsured and Underinsured Motorist Coverage?

Uninsured and underinsured coverage helps protect persons who’ve been injured in an accident with a driver carrying little or no insurance.

Uninsured Motorist Coverage: North Carolina requires all policies to include bodily injury and property damage uninsured motorist coverage. This covers drivers and pedestrians in cases where the negligent driver does not have any auto insurance.
Underinsured Motorist Coverage: This coverage is only included in certain policies and adds additional coverage in situations where the negligent driver’s liability insurance has a very low policy limit.

6. What Affects My Insurance Rates?

Insurance companies base their rates on the driver’s level of risk. Some factors included in this risk calculation are:

Age
Credit score
Driving history
Location of residence
Type of vehicle
Average vehicle use

7. What Is the Safe Driver Incentive Plan?

The North Carolina Safe Driver Incentive Plan (SDIP) is a point-based system that increases the cost of your insurance based on the number of points on your record. Insurance rates are increased by a specific percent depending on the extent of the violation and its corresponding point value.

For instance, a single point is given for at-fault accidents resulting in damages less than either $1,800 in medical expenses or $2,300 in total property damage. This single point increases your insurance rates by 30%.

8. Does North Carolina Offer Auto Insurance Discounts?

Always ask about insurance discounts when looking for a new policy. Keeping a clean record is the most efficient way to save money on your insurance, but there are often discounts available as well. According to the North Carolina DMV, that might include discounts for:

Excellent driving
Being a good student
Owning multiple cars
Owning a home
Installing an auto-theft alarm

9. What Should I Do After an Accident?

After an accident, you should call the police so a police report can be created. You should also collect the following information related to the other driver:

Basic Information: Name, address, and phone number
License Information: Driver’s license and license plate number
Insurance Information: Name of the insurance company and policy number

Additionally, if you feel you are injured, even slightly, always seek medical treatment after an accident. Official documentation of your injuries can be very useful in insurance claims.

Before speaking to an insurance adjustor, you should contact a reputable and experienced personal injury lawyer.

RELATED ARTICLE: 8 Things You Should Never Do After an Auto Accident.

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Contact Myers Law Firm If You’ve Been in an Accident

Winning an insurance claim in North Carolina can be a very complicated process. Due to Contributory Negligence Laws, if you are found to be just 1% responsible for the accident, the insurance company is not required to provide compensation. Working with a skilled and experienced personal injury lawyer from the start can help you prove the other driver’s negligence and receive fair compensation for any injuries and damages you’ve suffered.

Contact Myers Law Firm for assistance navigating North Carolina’s contributory negligence laws and determining the strength of your potential claim. Please complete this brief online form or call (704) 376-3000 today to schedule your free consultation.

References

A consumer guide to automobile insurance. (2018, March). North Carolina Department of Insurance. Retrieved from http://www.ncdoi.com/_Publications/ Consumer%20Guide%20to%20Automobile%20Insurance_CAU1.pdf

North Carolina car insurance. (2013, October). Department of Motor Vehicles. Retrieved from https://www.dmv.org/nc-north-carolina/car-insurance.php

What is the penalty for driving in North Carolina without insurance? (2017, November). Car Insurance Comparison. Retrieved from https://www.carinsurancecomparison.com/what-is-the-penalty-for-driving-without-car-insurance-in-north-carolina/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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3 Reasons You Should Get Medical Treatment After a Car Accident

Three Reasons to Go to the Doctor After Car Accident
Myers Law Firm: Helping North Carolina Car Wreck Victims Seek Justice and Prioritize Health

Three Reasons to Go to the Doctor After Car Accident

It might be tempting to skip going to the doctor after you’ve been in a car accident. Maybe you think you can tough it out, or you’re hoping the pain will get better on its own. Before you skip going to the doctor, take a few minutes and read this article. There are plenty of good reasons why you should always receive medical attention after you’ve been involved in a car accident.

Here are three reasons to go to the doctor after experiencing a car accident.

1. You Need to Take Care of Yourself and Look Out for Your Long-Term Health

First and foremost, you need to take care of yourself. Even if you think you can tough it out or don’t believe you are injured very badly, it’s still best to seek medical attention. Latent injuries like concussions, whiplash, or internal wounds are not always immediately apparent, and they can become more dangerous (and more expensive) the longer you wait to seek treatment.

RELATED BLOG ARTICLE: Do I Have to Pay My Own Medical Bills After a Car Crash?

Traumatic car accidents can also cause mental and emotional damage that can be just as damaging as physical injuries. Emotional stress is very real and, like physical injuries, can be dangerous when left untreated. It’s not unusual for victims to experience stress, anxiety, insomnia, or even PTSD after a terrible accident. It’s normal to have a fear of driving or even riding in a car for some time. A medical professional can recommend appropriate treatment for your emotional anguish and help you begin to live your life again after a wreck.

2. Visiting a Doctor Right Away Can Help You Avoid Bogus Arguments From the Insurance Company

Medical bills can pile up after a car crash, and going to the doctor if you are injured ensures detailed documentation of your injuries. Insurance companies will review this paper trail when assessing your claim and deciding how much money you’re owed.

The insurance company wants to settle your case as quickly and cheaply as possible after an accident. They’ll do whatever they can to claim that you were not injured. When you try to tough it out and wait to go to the doctor but then demand compensation for your injuries later, the insurance company will claim that you aren’t owed anything because your injuries weren’t severe enough to merit going to the hospital right away.

While this bullying tactic isn’t fair to victims who’ve been injured in an accident that was not their fault, it happens every day — which is why, in addition to seeking prompt medical treatment, reaching out to an experienced car accident lawyer is in your best interest. An attorney can deal with the insurance company and help you navigate the complex insurance claims system in North Carolina.

3. Medical Treatment Establishes Critical Evidence for a Lawsuit

You might not want to think about anything other than recovering from your injuries after a car accident, but when you’ve sustained traumatic injuries because of someone else’s negligence, you deserve fair compensation. Medical records document your physical condition. The longer you wait to get examined, the more challenging it will be to prove the extent of your injuries and demand compensation for your suffering.

Medical records allow your attorney to support you in the event you decide to file a lawsuit to obtain compensation for your losses and suffering. These records provide evidence to support your claims. X-rays, doctor’s notes, and patient files are all proof that you’ve suffered as much as you say you have. Without these records, it would be incredibly challenging for you to prove your case, no matter how devastating your injuries. If you can’t prove these damages, in the eyes of the court, they don’t exist. Going to see a medical professional for physical and emotional wounds is the best way to make sure you have everything you need to fight for justice and fair compensation.

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Myers Law Firm: Helping North Carolina Car Wreck Victims Seek Justice and Prioritize Health

If you’ve suffered injuries as a result of another driver’s negligence in North Carolina, you’re entitled to financial compensation under the law. The attorneys at Myers Law Firm are experienced, compassionate, and ready to fight for justice on your behalf.

Please contact us today by calling (888) 376-2889 or completing our easy and convenient online contact form to schedule your free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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I Was Hit by an Uninsured Driver While Riding My Bike — What Can I Do?

Bicyclist Injuries
Your Auto Insurance Policy Can Help After a Collision With an Uninsured Driver
What Does UM/UIM Insurance Cover?
Minimum UM Rarely Provides Enough Coverage for Serious Injuries
Myers Law Firm: Fighting for Bicycle Accident Victims in and Around Charlotte, North Carolina

Bicyclist Injuries

When you’re getting ready to go for a bike ride, you make sure you have everything you need for safety and check that your bike is in good shape.

But then it happens. You’re hit by a motor vehicle as they make a left-hand turn directly into you. Even though you wore a helmet and took safety precautions, you suffer serious injuries and end up with significant medical bills.

If this sounds like your situation, you’re not alone. On average, 1,000 North Carolina bicyclists suffer injuries in police-reported crashes with motor vehicles each year. Approximately 20 of these cyclists die, and 60 of them suffer serious injuries.

Even worse, some of these victims get hit by drivers who don’t carry auto insurance. So what happens if the person who hits you doesn’t have any insurance coverage? Are you totally out of luck?

Not necessarily. Read on to learn more.

Your Auto Insurance Policy Can Help After a Collision With an Uninsured Driver

If you have an auto insurance policy, it should include coverage that can help you if you get hit by an uninsured driver, even if the crash happened on your bike and not in your car.

Many people don’t realize that when they buy auto insurance, they’re purchasing coverage for many automobile-related harms — even those that don’t involve them driving or even riding in a car. This provision of auto insurance becomes very important for bicyclists who get hit by a car or truck.

And if you have an auto insurance policy that meets the minimum legal requirements in North Carolina, you should have coverage that protects you if you are hit by a driver who has no insurance or doesn’t have enough insurance to cover the costs of your injuries and other financial losses. This coverage is called uninsured motorist/underinsured motorist (UM/UIM) coverage.

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What Does UM/UIM Insurance Cover?

Even though the law requires every driver to carry some amount of auto insurance, some people will always break the law and drive uninsured rather than pay insurance premiums. In fact, almost 7 percent of drivers in North Carolina carry no car insurance whatsoever.

This alarming fact is exactly why UM/UIM coverage exists. UM/UIM coverage provides compensation when the at-fault driver’s coverage isn’t enough to pay for all the damages you incur — or when the at-fault driver doesn’t have any insurance at all.

UM/UIM coverage will pay for both financial and non-financial losses after a wreck. Examples of losses covered by UM/UIM coverage include:

Medical bills
Rehabilitation costs
Medications and medical equipment
Lost wages due to missing time at work
Loss of future earnings potential
The costs of household help or in-home nursing care
Pain and suffering

UM/UIM coverage can also help cover losses from hit-and-run crashes. When an unidentified negligent driver hits a cyclist and then leaves the scene, the bicyclist should be able to successfully file an UM/UIM claim with their own auto insurance company.

Minimum UM Rarely Provides Enough Coverage for Serious Injuries

Even though UM/UIM coverage can be incredibly helpful, it will only reimburse you for losses up to the policy limits. If you just have the state-mandated minimum $30,000 of UM coverage (UIM coverage isn’t available at the $30,000 minimum limits) and an uninsured or underinsured driver leaves you with serious injuries, it’s easy to exhaust the $30,000 and still have unpaid medical bills left over, not to mention other losses.

This is one of the many reasons why we recommend that most drivers carry additional UM/UIM coverage beyond North Carolina’s state-mandated minimums. Adding additional UM/UIM coverage is generally affordable and won’t create massive increases in your premiums, so it’s something you should consider — especially if you’re a cyclist, since bicycle riders often suffer serious injuries in collisions.

If you’ve been hit and injured while riding your bike by an uninsured or underinsured driver in North Carolina, call your insurance company to find out what types of coverage you have available under your policy. And if you find the details of your policy confusing or your insurance company is giving you the runaround, contact Myers Law Firm for help.

Myers Law Firm: Fighting for Bicycle Accident Victims in and Around Charlotte, North Carolina

At Myers Law Firm, we understand that a serious bike crash can leave you with confusion, stress, and anxiety, not to mention lots of medical bills and other losses. If you or a loved one has suffered injuries due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our experience and resources to fight relentlessly for you.

To schedule your free consultation with an experienced injury lawyer from Myers Law Firm, call our offices today at 888-376-2889 or fill out our online contact form. We’ll use this time to learn about your case and inform you about your legal options so you can go forward with confidence.

References

Bicycle crash data. (n.d.). North Carolina Department of Transportation. Retrieved from http://www.pedbikeinfo.org/pbcat_nc/_bicycle.cfm

Megna, M. (2017, November 15). Uninsured drivers by state. CarInsurance.com. Retrieved from https://www.carinsurance.com/Articles/uninsured-motorist-coverage-state-averages-of-uninsured-drivers.aspx

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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3 Ways to Deal With Chronic Pain After a Car Accident

Chronic Pain After a Car Accident
What is Chronic Pain?
What Can I Do About My Chronic Pain?
Contact Myers Law Firm for Help if You’ve Been Hurt

Chronic Pain After a Car Accident

Every car wreck is unique, and so is every victim’s recovery. Some people have a straightforward path back to their pre-crash level of health and wellness, but some victims experience chronic pain that lingers for months or even years after a wreck.

If you’re experiencing chronic pain after a car accident, it’s important to know that you’re not alone. Many car accident victims find themselves in the same situation. In this article, we’ll explain what chronic pain is and talk about some of the options that can help you deal with its effects.

What Is Chronic Pain?

Medical professionals generally place physical pain into two different categories: acute and chronic.

Acute pain is sharp or sudden pain that lessens over time. You might feel acute pain when you suffer an injury or get sick.
Chronic pain is persistent pain that lasts for an indefinite amount of time and doesn’t improve on its own.

Doctors and scientists are still trying to understand the nature of chronic pain and why it persists. In some cases, chronic pain lingers long after any detectable physical injuries have healed. Although more research is being done, no credible medical professional doubts that chronic pain is a real phenomenon. All leading medical organizations and associations categorize chronic pain as a medical condition that can exist independent of any other.

Some of the most current scientific research related to chronic pain indicates that exposure to long-term pain creates physical and chemical changes in a person’s brain. The brain becomes so conditioned to sending pain signals that it continues to do so even after the initial injury or illness that started those signals has healed. In other words, pain creates more pain in a vicious cycle that’s difficult to stop.

Chronic pain in your body can also affect your family and others around you, including your friends, co-workers, and acquaintances. Constantly experiencing pain can lead to depression, withdrawal, and irritability towards those around you. These effects can further impact your quality of life.

RELATED ARTICLE: 6 Critical Steps After a Car Accident

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What Can I Do About My Chronic Pain?

Chronic pain can make you feel powerless, but there’s always something you can do to take control of the situation and begin managing your pain. To start, here are three options that may be able to provide some relief.

Talk to Your Doctor About Your Pain
If you’re suffering from chronic pain, you may have already spoken to your doctor about what you’re going through. However, if you’ve avoided bringing up your pain so far, you should talk to your doctor openly and honestly about your symptoms. You don’t need to worry about your doctor not believing you or getting frustrated. Chronic pain is a well-documented medical condition, and your doctor will almost certainly have experience dealing with people who suffer from chronic pain.If your doctor doesn’t have answers or immediate ideas for treatment, they should be able to refer you to a pain specialist who can help. Your doctor or specialist may prescribe a combination of treatments, which could include medication, physical therapy, and other types of therapy.And if you do speak to your doctor and they ignore or dismiss your claims, you should get a second opinion from another medical professional. This type of response to a chronic pain victim’s symptoms isn’t normal or acceptable from a medical professional.
Explore Alternative Treatments for Chronic Pain
Pain is a complex experience, and finding treatments for it is a highly individual process. In addition to traditional treatment options like medication and physical therapy, you may want to talk with your doctor about alternative treatments. Some chronic pain sufferers have experienced relief from psychological counseling, acupuncture, relaxation techniques, and certain types of exercise.While these alternative treatments don’t necessarily take the place of traditional solutions like prescription drugs, they can provide a powerful complement. In fact, many leading medical experts who study pain and pain relief believe that a multi-pronged approach combining traditional therapies with alternative treatments may be the most effective way to treat chronic pain.
Contact an Experienced Personal Injury Attorney
While an attorney won’t be able to help your pain from a physical standpoint, every chronic pain sufferer knows that the effects of pain go beyond bodily discomfort. Many chronic pain victims visit doctor after doctor searching for answers and relief, and the medical bills from this search mount up quickly. In addition, victims may miss time at work (leading to lost wages), and they often have to forego family functions, vacations, and favorite hobbies, all of which affects their quality of life.If chronic pain from a car wreck has created financial stress and lowered your quality of life, an attorney may be able to help you file a personal injury claim and receive compensation that can address these costs and losses. While a claim or lawsuit won’t make your pain go away, it can provide relief from financial stress so you can focus on what matters most: your health and well-being.

Contact Myers Law Firm for Help if You’ve Been Hurt in a Car Crash in Charlotte, North Carolina

If you’re suffering from chronic pain or other injuries after a car wreck due to someone else’s negligence, you deserve justice and compensation for your losses, and the team at Myers Law Firm is here to help. At Myers Law Firm, we use our years of experience and our knowledge of local courts to fight for justice on behalf of auto accident victims throughout Charlotte and Mecklenburg County.

We offer free initial consultations for all personal injury cases. During this time, we’ll listen to your story and provide you with expert advice about your best course of action, all at no financial risk to you. And we handle injury cases on a “no recovery, no fee” basis, so you’ll never have to worry about how to pay for our services.

To schedule your free consultation and talk with an experienced personal injury lawyer today, please complete our online form or call 888-376-2889.

References

Understanding pain. (2016, July 26). Mayo Clinic. Retrieved from https://www.mayoclinic.org/understanding-pain/art-20208632

Chronic pain treatment options. (n.d.). Healthline. Retrieved from https://www.healthline.com/health/chronic-pain/chronic-pain-treatment-options

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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How Med Pay Coverage Can Help You After a Car Crash

Medical Payments Coverage
What is Med Pay Insurance?
How Do I File a Med Pay Claim?
How is Med Pay Different than PIP coverage?
Won’t My Health Insurance Pay My Medical Bills
Myers Law: Helping Clients Recover After Car Accidents in Charlotte and Throughout Mecklenburg County

Medical Payments Coverage

After a serious car crash, as the medical bills start piling up, you might wonder who will pay them. The answer could be the medical payments coverage on your insurance policy.

For many North Carolina accident victims, medical payments (Med Pay) coverage offers much-needed compensation while they recover from their injuries. However, to get value out of Med Pay coverage, it’s important to understand how this coverage works and what types of losses it covers.

What Is Med Pay Insurance?

Med Pay is an optional form of motor vehicle insurance coverage in North Carolina. After a car crash, Med Pay should cover your reasonable and necessary medical expenses up to your policy limit.

Unlike most other types of motor vehicle coverage, you do not have to prove fault or liability to receive compensation from Med Pay. Even if you caused the crash, you might have a valid Med Pay claim.

It’s also important to understand what Med Pay won’t cover. Unlike some forms of insurance, Med Pay doesn’t compensate you for your lost wages or income. It also won’t address your pain, suffering, or emotional distress.

Your Med Pay policy covers more than just you (the policyholder). It also typically protects:

Your spouse
Family members that live in your household
People who are passengers in the covered motor vehicle

In fact, your Med Pay policy covers you and family members who live with you even when you’re riding in someone else’s vehicle, walking on the street, or riding your bike. If your household has multiple Med Pay policies, you can also “stack” them and receive compensation from more than one policy if you have significant medical bills.

Unfortunately, most people purchase very limited Med Pay policies, and they end up with $2,000 or less in coverage. If you’ve ever been to the hospital for an injury, you know that $2,000 won’t pay for much in the way of medical treatment. Because the premiums on most Med Pay policies are relatively inexpensive, we encourage everyone to purchase as much coverage as they can reasonably afford.

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How Do I File a Med Pay Claim?

People who suffer injuries in a crash often don’t even realize they have Med Pay coverage, and unfortunately, their insurance company typically won’t remind them. To determine whether you have Med Pay, you can review your auto insurance declaration page, which list the types of coverage included in your policies. If you’ve been injured in or around Charlotte and you need help obtaining or interpreting your declaration page, contact Myers Law Firm for assistance.

If you have Med Pay coverage, you should contact your insurance company immediately after a wreck. You’ll have to provide them with information about the circumstances of the crash, your injuries, and the medical treatment you received.

Sometimes, insurance companies deny Med Pay claims. For example, they might argue that your treatment was unreasonable or unnecessary, especially if the treatment involved a relatively new drug or technology. If your insurance company tells you they won’t pay your Med Pay claim, you should immediately contact an experienced personal injury lawyer for help.

How Is Med Pay Different Than PIP Coverage?

You might have heard of personal injury protection (PIP) insurance. PIP is another form of no-fault insurance that covers your medical bills and lost wages after a car crash.

PIP policies are not available in North Carolina. However, if you are an out-of-state driver or recently moved to North Carolina, you might have a PIP policy. If you’ve been injured in a crash in or around Charlotte, you can contact Myers Law Firm for more information about filing a claim with an out-of-state insurance policy.

Won’t My Health Insurance Pay My Medical Bills?

Sometimes people decide not to purchase a Med Pay policy because they believe they have good health insurance coverage through their employer or another program. However, it’s important to remember that even the best health insurance plan will typically leave you with out-of-pocket expenses.

For example, your health insurance plan might have a high deductible, which means you’ll have to meet your deductible before your policy starts covering any medical expenses. Many health insurance policies today have deductibles of $10,000 or more. And even after you satisfy your deductible, you might have co-pays or other out-of-pocket expenses.

When you have Med Pay insurance, it will reimburse you for some or all of these out-of-pocket costs depending on the size of your policy. The peace of mind and financial safety net you get from Med Pay is well worth the relatively small increase in premiums, which is why we recommend all North Carolina drivers purchase as much Med Pay coverage as they can reasonably afford.

Myers Law: Helping Clients Recover After Car Accidents in Charlotte and Throughout Mecklenburg County

When you work with a personal injury lawyer at Myers Law Firm, we’ll carefully review your insurance policies and identify every potential claim that you might have, including Med Pay, uninsured/underinsured (UM/UIM), and other types of coverage. We’re here to advocate for you and protect your rights, and if we’re able to take your case, we’ll fight aggressively to get you fair compensation for your injuries.

If you’ve been injured due to someone else’s negligent behavior in Charlotte or anywhere else in Mecklenburg County, contact us to get a free case assessment from one of our attorneys. To schedule your free initial consultation, just fill out our online form or call 704-376-3000.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Follow This Free Car Accident Checklist to Help Your Injury Lawsuit

Important Resources
The Car Accident Checklist
Contact Myers Law Firm if You’ve Been Hurt in a Car Accident in North Carolina

Important Resources

We’ve written before about steps you should take after a car wreck as well as several common mistakes that you should avoid after a crash. Now, we’ve condensed that information into a handy checklist that you can print out or bookmark in case the worst happens and you find yourself in a car accident.

But this checklist isn’t just helpful for crash victims. It’s also an important resource for their loved ones. If someone you care about has been seriously hurt in a crash, they may be too injured to handle these steps on their own. By filling out as much of the information on this checklist as you can gather, you can protect them and help their legal case if they choose to pursue one.

The Car Accident Checklist

One way to use this checklist is to print it out and keep it in your car. That way, you’ll have it handy when you need it.

DOWNLOAD OUR FREE CAR ACCIDENT CHECKLIST

However, we’ve also posted the entire checklist below. If you’d rather not print it out or don’t have access to a printer, you can just bookmark this page and return to it when you need it.

Car Accident Checklist

If an item doesn’t apply to you because you weren’t involved in the crash and you’re helping the victim, it’s okay to skip it, but try to make sure your loved one follows up if possible.

Make Sure That You and Your Passengers Are OK

Check on the people in the other cars that were involved as well. If possible, put out flares or warning signs from your car’s emergency kit to make sure other vehicles can see you.

Contact the Police

Call 911 right away and report the accident so emergency personnel can respond.

Take Pictures of the Scene

Use your personal camera or smartphone to take pictures of the following:

Damage to your vehicle
Damage to the other vehicle(s)
Conditions at the scene (weather, ice, landmarks, etc.)
Objects at the scene (crash debris, fallen branches, skid marks, etc.)
Anything else that looks important to you

Get Information About the Driver Who Crashed Into You

Write down the following information as soon as possible after the crash.

Other driver’s information

Name: __________________________________
Phone number: _____________________
Address: ____________________________________________________
Insurance policy number: ___________________________
Insurance policy expiration date: __________

About the other driver’s vehicle

License plate number: ____________________________
Make: _____________________________
Model: _____________________________
Damage to the vehicle: ________________________________________________________________________________________________________________________________________________________

Get Information About Other Drivers or Passengers Involved in the Crash

If other passengers or multiple drivers were involved in the crash, you’ll want to take down information about them too.

Driver/Passenger 1

Name: __________________________
Address: __________________________
__________________________
Vehicle make: ______________________
Vehicle model: ______________________
License plate number: ________________

Driver/Passenger 2

Name: ____________________________
Address: __________________________
__________________________
Vehicle make: ______________________
Vehicle model: ______________________
License plate number: ________________

Driver/Passenger 3

Name: __________________________
Address: __________________________
__________________________
Vehicle make: ______________________
Vehicle model: ______________________
License plate number: ________________

Driver/Passenger 4

Name: ____________________________
Address: __________________________
__________________________
Vehicle make: ______________________
Vehicle model: ______________________
License plate number: ________________

Get Information About Any Witnesses

If anyone else saw what happened, you should take down information about them as soon as possible as well.

Witness 1

Name: ____________________________
Address: __________________________
__________________________

Witness 2

Name: ____________________________
Address: __________________________
__________________________

Witness 3

Name: ____________________________
Address: __________________________
__________________________

Witness 4

Name: ____________________________
Address: __________________________
__________________________

Write Down Information About the Crash

Date: ______________________
Time: ______________________
Weather conditions: ______________
________________________________
Name of the police department that responded: ______________________
What happened, in your own words? (Feel free to use a separate sheet if you need more space.) ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Get Medical Attention

After getting emergency treatment, make sure to attend any follow-up appointments that your doctor schedules. Tell your doctor about all your symptoms, including physical, psychological, and emotional issues after the crash. And be sure to mention any new symptoms that show up.

Contact an Experienced Personal Injury Attorney for Help

A lawyer can protect your rights and give you advice about your legal options. The sooner you contact an attorney for help, the better. They should be able to launch an investigation of the crash right away and make sure all the evidence gets preserved.

Tell Your Auto Insurance Company About the Crash

Call your insurance agent and tell them about the wreck or, if your insurance company offers the option, file a report online. Your lawyer can help you with this step if you’ve hired one.

DO NOT Sign a Release or Give a Statement to the Insurance Adjuster

The insurance adjuster representing the other driver’s insurance company is not your friend, and you don’t have to talk to them. In fact, they will use anything you say against you. If they contact you and ask to talk, just say “no” and let your lawyer know about it.

Call the Police Department and Request a Copy of the Police Report

The police report is a very important piece of evidence for your case. Call the police department that responded to your accident and ask for a copy of the report as soon as you can. Just remember that the report may take a few days for them to prepare. Your attorney can also help you with this step if you’ve hired one.

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Contact Myers Law Firm if You’ve Been Hurt in a Car Accident in North Carolina

At Myers Law Firm, we understand that a serious car crash can be confusing, stressful, and scary. If you or a loved one has been injured due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our legal experience and resources to fight relentlessly for you until your case reaches a resolution.

Call our offices today at 888-376-2889 or fill out the contact form on our website to schedule your free consultation with us. We’ll use this time to get to know you, learn about your case, and inform you about your legal options so you can go forward with confidence.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Injured by a Drunk Driver on St. Patrick’s Day? Here’s What to Do

St. Patrick’s Day
Important Steps to Take After a Drunk Driving Crash
Stay Safe on St. Patrick’s Day With These Tips
Contact Myers Law Firm for Help if You’ve Been Hurt in a Drunk Driving Accident in North Carolina

St. Patrick's Day

While there’s nothing wrong with having a few pints with friends, the alcohol-centric nature of many St. Patrick’s Day celebrations tends to encourage overindulgence. As inhibitions lower and judgment gets impaired, people make bad decisions. It’s unfortunate, but it’s probably no surprise that St. Patrick’s Day generally brings a huge spike in drunk driving crashes along with all the partying and good times.

In 2016, nine people died in drunk driving crashes in North Carolina on St. Patrick’s Day, according to the North Carolina Department of Transportation (NCDOT). Presumably, many more people suffered injuries in motor vehicle collisions related to drunk driving as well.

We sincerely hope that neither you nor anyone else gets seriously hurt on March 17 this year. But the reality is that people will continue to suffer injuries as long as drunk drivers take to the roads. Read on to learn about what to do if the worst happens and you or someone you love gets hurt in a drunk driving-related collision.

Important Steps to Take After a Drunk Driving Crash

We covered many of the most important steps that can help you after an auto collision in a previous blog article, and those tips will also help in a drunk driving-related crash on St. Patrick’s Day.

In brief, the most important steps to take after a car wreck are:

Make sure everyone at the scene is safe and out of harm’s way.
Call 911 and report the crash.
Exchange contact and insurance information with other drivers.
Use your smartphone to take pictures of the scene and get contact information from any witnesses.
Get medical treatment for your injuries.

Of course, when drunk driving crashes cause severe or catastrophic injuries, it’s not reasonable to expect victims to walk around the scene gathering evidence and talking to people. If you weren’t able to complete some of these steps after your crash, don’t worry. The single most important step after a wreck, besides getting prompt medical treatment, is to contact an experienced car accident attorney who can evaluate your case and protect your rights.

The sooner you get in touch with a lawyer after a collision, the sooner they can start investigating your case and gathering evidence. Plus, they should be able to draw on their expertise and experience to do a better job than you ever could by yourself. If they can take your case, they can also help you file a personal injury claim and pursue compensation for your medical bills, lost wages, and other losses and expenses.

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Stay Safe on St. Patrick’s Day With These Tips

Ideally, no one would get hurt or killed by drunk drivers, especially on fun and cheerful holidays like St. Patrick’s Day. Everyone has a role to play in reducing the number of drunk driving crashes that happen each year on St. Patrick’s Day. And you can lower your risk for being involved in a car wreck with the following tips from the NCDOT and the North Carolina Governor’s Highway Safety Program.

Make sure to create a plan to get home safely before the end of the night. Designate a sober driver, download a ridesharing app like Uber or Lyft, save the number of a taxi service to your phone contacts, and/or check the schedule for public transportation in your area. The State of North Carolina also maintains a helpful website, besmarterthanthat.com, where you can easily explore all of these options.
Remember that walking while drunk can be just as dangerous as drunk driving. Rather than going on foot, try and designate a sober friend who can drive you all the way home.
If you see a drunk driver on the road, call 911 and notify the police right away.
Don’t let friends drive drunk. If someone you know is trying to get behind the wheel while they’re impaired, help them make safe arrangements for alternative transportation instead.

Unfortunately, even the most careful and conscientious people can end up being victims of a drunk driving crash through no fault of their own. If you or a loved one end up in this situation, you should get in touch with an experienced personal injury attorney who can investigate your case and protect your rights.

Contact Myers Law Firm for Help if You’ve Been Hurt in a Drunk Driving Accident in North Carolina

If someone else is at fault for your damaged vehicle or injuries, you deserve justice and compensation for your losses, and the team at Myers Law Firm is here to help. At Myers Law Firm, we use our years of experience and our knowledge of the local courts to fight for justice on behalf of auto accident victims in Mecklenburg County.

We offer free initial consultations for all personal injury cases. We listen to your story and provide you with expert advice about your best course of action, all at no financial risk to you. To schedule your free consultation and talk with an experienced personal injury lawyer today, please complete our online form or call 888-376-2889.

References

Banish drunk driving on St. Patrick’s Day. (2017, March 15). National Highway Traffic Safety Administration. Retrieved from https://www.nhtsa.gov/press-releases/dont-test-your-luck-st-patricks-day

North Carolina Department of Transportation. (2017, March 16). There is no such thing as a lucky charm if you drink and drive [press release]. Retrieved from https://www.ncdot.gov/news/press-releases/Pages/2017/There-is-No-Such-Thing-as-a-Lucky-Charm-.aspx

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Stay Safe During the Holidays With These 7 Driving Tips

Driving During the Holidays
Preparation and Defensive Driving Are Keys to Staying Safe During Holiday Road Trips
Even the Safest Drivers Can Still Become Car Accident Victims
Contact Myers Law Firm for Help if You’ve Been Hurt in a Car Crash in North Carolina

Driving During the Holidays

While North Carolina may not experience punishing winter weather like states further north, we still see our share of wet and cold conditions during the holidays, including, snow, ice, and sleet on the roads. Combined with the extra traffic and added stress as travelers fill the roads to visit friends and family, conditions are ripe for a spike in auto accidents and vehicle breakdowns.

With a little extra caution and some helpful tips in your back pocket, though, you can reduce your risk of having your holidays derailed by a crash or a sudden breakdown. In this article, we’ll provide seven such tips.

Preparation and Defensive Driving Are Keys to Staying Safe During Holiday Road Trips

Before you hit the road for the holidays, keep the following tips in mind:

1. Make sure your vehicle is in good shape. Before you take a long drive (more than an hour or two), you should always give your car a thorough once-over to make sure everything is working properly and all the fluids are topped off.

If you’re not a car person, it’s okay to take your car to a professional mechanic for help. Either way, you’ll want to check all the following:

Oil (make sure the level is high enough and that you’re not overdue for an oil change.)
Tire pressure and condition (make sure the treads aren’t excessively worn.)
Brake fluid
Antifreeze
Washer fluid
Lights (make sure your headlights, taillights, brake lights, turn signals, emergency flashers, and brights are all working properly.) In addition, make sure to start your trip with a full tank of gas, and try not to let it fall below half-full if the temperature is below 32 degrees Fahrenheit. This will help prevent your fuel lines from freezing.

2. Be prepared for an emergency. You need to be ready in case your car breaks down or a crash puts it out of commission. To stay safe and warm until help arrives, make sure you’ve packed the following in your trunk:

Flashlight (with extra batteries)
Windshield scraper and brush
First aid kit
Waterproof boots
Gloves
Rain ponchos
Drinking water and non-perishable snacks
Warm blankets

Also, make sure your car has the essential basic tools for changing a flat or jumping a battery: a spare tire, a jack, a tire iron, road flares, and jumper cables.

3. Plan your route in advance and bring a paper map for backup. An old fold-out paper map might seem silly and outdated, but you’ll be glad you have it if you wind up in an area with poor cellular signal. Map apps and in-car GPS systems aren’t perfect, either, and sometimes their directions can be inaccurate or outdated, especially in rural areas.

Also, this should go without saying, but never adjust your GPS system or use smartphone apps while you’re driving. Even taking your eyes off the road for just an instant is enough to put you at serious risk for a crash.

4. Get a good night’s sleep. The holidays are a hectic time for most people, but make sure to carve out time so you can go to bed early and wake up fully rested before a long drive. Driving while drowsy puts you at serious risk for a crash. In fact, studies have repeatedly shown that it’s just as dangerous as driving drunk.

5. Check the weather before you leave. While severe winter storms are not as common in North Carolina, it’s always good to know what to expect. You should especially watch the weather on your route if you’re taking a long trip across state lines.

If you see warnings about especially bad weather, consider delaying your trip. If waiting to leave isn’t an option, make sure to let a few friends or loved ones know about your trip, including your destination, your route, and when you plan to arrive.

6. Follow the speed limit, but use your judgment. Keep in mind that driving at the posted speed limit might be too fast in wet or icy conditions. Take your time, be patient, and don’t be embarrassed to slow down. If other drivers decide to pass you, go ahead and let them. And if you’re feeling impatient to get to your destination and get out of the car, just remind yourself how much better it is to be cruising along safely at 10 miles per hour below the speed limit than waiting on the roadside after a crash.

7. Drive defensively and don’t let yourself get aggravated. Stay aware of your surroundings and be ready to react to poor decisions or losses of control from the drivers around you. Don’t respond to aggressive or reckless drivers in kind. Aggressive driving usually arises from stress, but it just creates more stress. You’ll probably just end up feeling worse if you start getting angry.

Finally, remember to relax and keep yourself from getting too stressed during a holiday road trip. If you start to feel flustered or aggravated, stop driving for a few minutes and let yourself cool back down. When you get back behind the wheel, just breathe and remind yourself that slow and steady wins the race when it comes to holiday driving.

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Even the Safest Drivers Can Still Become Car Accident Victims

Unfortunately, even if you follow every safety tip you can find, it’s still possible to find yourself the victim of an auto accident through no fault of your own. If another driver’s negligent behavior or a road hazard led to your crash, it’s important to speak with an experienced personal injury lawyer who can investigate your case, determine who may have been at fault for your injuries, and advise you about your rights and legal options.

Contact Myers Law Firm for Help if You’ve Been Hurt in a Car Crash in North Carolina

We offer free initial consultations for all personal injury cases so we can listen to your story and provide you with expert advice about your best course of action, all at no financial risk to you. To schedule your free consultation and talk with an experienced personal injury lawyer today, please complete our online form or call 888-376-2889.

References

AAA study finds risks of drowsy driving comparable to drunk driving. (2016, December 6). CBS News. Retrieved from https://www.cbsnews.com/news/aaa-study-drowsy-driving-dangers-comparable-to-drunk-driving/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Car Accident or Crash? Why What You Call It Matters

Car Accident Term Debate
What Is an Accident?
Why Is Using “Accident” Controversial??
The Case for “Accident”
The Transition to “Crash”
Myers Law Firm: Advocating for Car Crash Victims in North Carolina

Car Accident Term Debate

Is it a car accident, crash, wreck, or collision? Whether you’re watching the news, listening to the local radio, or getting an alert from your smartphone, one of those terms describing a traffic incident is commonly used. But when is a traffic collision considered an “accident,” and when is it a determined to be a “crash”?

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How Wrongful Death Lawsuits Work in North Carolina

Wrongful Death
How Wrongful Death Lawsuit Work
Damages Recoverable in a Wrongful Death Action
Myers Law Firm: Advocating for Wrongful Death Victims and Their Loved Ones in North Carolina

Wrongful Death

In life, an injured victim of someone else’s negligence might pursue a personal injury lawsuit to receive compensation for medical expenses, lost wages, and other losses. However, if that victim dies from their injuries, they still deserve justice, which is why wrongful death actions exist.

North Carolina law defines a wrongful death action as a civil case in which the victim’s death was caused by negligence, wrongful acts, or fault of another. When someone passes away, the decedent’s personal representative (usually a close family member) can file for monetary compensation in place of the personal injury lawsuit that the decedent would have filed.

While financial compensation can’t right the wrong of someone’s death, it can provide the victim’s family and loved ones with an important sense of emotional closure and some financial security that addresses the loss of what their loved one would have been able to provide.

How Wrongful Death Lawsuits Work

While someone’s death may be related to a corresponding criminal case, a wrongful death lawsuit is a civil case, which means the liability of the defendant is limited to financial compensation. The decedent’s personal representative is the only person who can file a wrongful death lawsuit.

Note that a civil case and criminal case aren’t mutually exclusive: civil cases can be filed in addition to a corresponding, ongoing criminal case, and the criminal judgement can assign different penalties, such as jail time, to the at-fault parties.

Who Can File a Wrongful Death Lawsuit? Only an individual designated as the decedent’s personal representative can file a wrongful death claim as the plaintiff. If the decedent had a will, the personal representative is the executor named in the will. If the deceased person had no will, the person who qualifies as the administrator of the estate under the North Carolina intestate succession laws (which are the laws that govern who receives funds from the estate of a person who passes away without a will) is the personal representative. If the executor or administrator is unable or unwilling to serve as the personal representative, the court will appoint the public administrator to serve.

Who Are the Beneficiaries of the Lawsuit? North Carolina law dictates that only certain persons may receive the proceeds of a wrongful death lawsuit. These people are the individuals who would receive proceeds pursuant to the intestate succession laws. The proceeds do not go into the deceased person’s estate but rather pass outside of the estate, which prevents creditors of the estate from obtaining any of the proceeds. If the deceased person had a will, the person who qualifies under intestate succession could be different than the beneficiaries of the will.

What Are the Requirements? The plaintiff in a wrongful death case generally needs to prove two things to successfully pursue their claim. They need to:

1. Prove that the defendant is the “cause in fact” of the victim’s death. This requirement is generally easy for the plaintiff to prove, as it only concerns whether the defendant was directly responsible for the victim’s death.
2. Prove “proximate cause.” This second requirement is often more difficult to prove, as the plaintiff must demonstrate that the victim’s death was a foreseeable result of the defendant’s actions and that, therefore, the defendant should be held liable.

What Is the Statute of Limitations?

For most cases in North Carolina, a wrongful death lawsuit must be filed within two years of the date of the victim’s death. Although certain factors could extend the statute of limitations for a wrongful death case, it’s best not to count on this; instead, you should contact an experienced North Carolina wrongful death attorney as soon as possible so they can listen to your story and help you decide what your best course of action is.

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Damages Recoverable in a Wrongful Death Action

The monetary compensation that victims receive after successfully pursuing a wrongful death claim is called “damages” in legal terminology. The idea behind these damages is that the defendant, if found to have acted negligently, must pay the plaintiff to address the losses and harm that resulted from their negligent actions (although in most cases, the defendant’s insurance company actually pays the damages).

North Carolina law dictates the various types of damages that courts can award to plaintiffs in a civil lawsuit. In a wrongful death case, the possible damages include:

Medical expenses resulting from injuries
Funeral and burial expenses
Compensation for pain and suffering
Loss of income
Loss of the decedent’s services, protection, care, companionship, and guidance

In cases where the plaintiff can prove malice, willful conduct, or wanton conduct on the part of the defendant, courts may also assign punitive damages in addition to the damages listed above. Punitive damages are designed to punish the conduct that led to the victim’s death and provide a warning against others who might consider acting in a similar negligent manner.

Myers Law Firm: Advocating for Wrongful Death Victims and Their Loved Ones in North Carolina

Because North Carolina law limits the time frame to file a wrongful death lawsuit, it’s important to act quickly and contact an experienced attorney if you’ve lost a loved one due to someone else’s negligence. At Myers Law Firm, we can help you determine whether your case may be filed as a wrongful death action and what your next steps are. Attorneys Matt and Lee Myers of Myers Law Firm have extensive experience dealing with wrongful death lawsuits and are here to stand up for the victims of negligence in the Mecklenburg County area.

We offer free initial consultations for all wrongful death cases, so call our offices at 888-376-2889 to discuss your case with one of our attorneys today at no risk to you. You can also fill out our brief contact form and we’ll get back to you right away.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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North Carolina Is Among the Most Dangerous States for Pedestrians

Bicycling in North Carolina
Drivers: Know the Risk Factors for a Pedestrian or Cyclist Crash
Pedestrians and Cyclists: Know the Risk Factors for a Crash
What to Do If an Accident Occurs
Injured in an Accident? Contact Myers Law Firm Today

Bicycling in North Carolina

Bicycling and walking are among the healthiest and most environmentally friendly ways to get around. These activities do come with certain risks, though — and in North Carolina, those risks are higher than almost anywhere else.

According to data from the North Carolina Department of Transportation’s (NCDOT’s) Watch for Me NC pedestrian and cyclist safety program, vehicles in North Carolina hit more than 3,000 pedestrians and 850 bicyclists every year, making North Carolina one of the least safe states for walking and cycling.

Even more alarming is the fatality rate for these crashes: approximately 160 pedestrians and 20 bicyclists die in statewide traffic crashes each year. This figure represents roughly 15 percent of all traffic deaths in the state.

The populations in cities around the state such as Charlotte, Raleigh, and Asheville continue to grow rapidly, which is one factor fueling the rise in injuries and deaths. Public officials and law enforcement personnel say they’re striving to reduce the rates of pedestrian crashes and encourage walkable and bike-friendly communities. To accomplish this, though, officials say they need help from drivers and pedestrians alike.

“Pedestrian and bicycle safety is more important than ever before,” Danny Pleasant, director of Charlotte Department of Transportation, told the Charlotte Observer last year. “The bottom line is, everyone needs to be involved. Everyone needs to look out for one another.”

Drivers: Know the Risk Factors for a Pedestrian or Cyclist Crash

If you’re a driver in North Carolina, it’s important to share the road safely and avoid the major driver behaviors that put pedestrians and cyclists at risk. Collisions involving pedestrians often involve distracted driving, intoxicating substances, or speeding, and bicycle accidents often happen due to negligent driver actions, like opening a car door in a rider’s path.

A pedestrian who gets hit by a car at 40 mph has only a 15 percent chance of surviving the crash. Driving slower in areas with foot traffic can significantly reduce the risk for a fatal accident.
Seasons do not discriminate — pedestrian and cyclist crashes occur year around.
More than half of vehicle-pedestrian crashes occur near bus stops or on bus route roads.
25 percent of bicyclist and pedestrian accidents occur while a vehicle is turning.
Approximately 76 percent of accidents involving cyclists and pedestrians occur during the week. These crashes often happen during the rush hour commutes in the morning and early evening.

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Pedestrians and Cyclists: Know the Risk Factors for a Crash

As a cyclist or pedestrian, you’re trusting that vehicle operators are obeying the law, being responsive to traffic signals and signs, and looking out for their surroundings. Unfortunately, you can’t control drivers’ behavior or keep them from exercising poor judgment, but you can lower your risk for a crash by raising your alertness levels and taking certain precautions.

Make yourself visible when you ride a bike.

Attach a reflector to your bike or a personal item, or wear a bright and reflective vest or shirt.
Make sure you’re visible at crosswalks by avoiding large objects, signs, or trees.
Carry a flashlight and attach both front and rear lights to your bike.

Stay alert and obey the law.

Always cross at crosswalks when walking and ride in bike lanes (if provided) when cycling.
If there is no sidewalk, walking pedestrians should walk against traffic. If there are no bike lanes, bicyclists should ride with traffic and use proper hand signals.
Even at a signaled crosswalk, look at drivers and make eye contact if possible before crossing the road.
Watch out for turning vehicles at intersections and vehicles backing up in parking lots.
Don’t let yourself get distracted when you walk or bike — avoid headphones and put your cell phone away.
Avoid unlit roads and crosswalks at night.
Don’t ride a bicycle intoxicated, and avoid walking long distances after drinking.

For additional educational tips and resources, visit the official website of Watch for Me NC.

What to Do If an Accident Occurs

If you’re involved in a traffic accident in North Carolina, you should always take several important steps, regardless of your role in the crash (driver, pedestrian, cyclist, or witness).

Assess the situation and remove yourself from danger if possible.
Call for emergency medical help if a serious injury occurred.
Document the entire scene with photos, video, and written notes. Take down details about conditions at the scene, damage to property and vehicles, injuries, and any other factors that may have played a role in or resulted from the crash.
File an accident report with the police department.
Collect data from all parties, including names, phone numbers, and insurance information.
Never admit or imply fault. Leave it to the authorities to decide who was at fault for the accident.
Contact your insurance agency.

For more tips that can help you after an accident, read our previous blog article on this subject.

Finally, if you’ve been injured in a crash in a North Carolina, you should contact an experienced personal injury lawyer who can investigate your accident, deal with the insurance companies, and make sure your rights are protected.

Injured in an Accident? Contact Myers Law Firm Today

If you’ve suffered injuries due to someone else’s negligent behavior while walking or cycling in North Carolina, the team at Myers Law Firm may be able to help you receive compensation for medical bills, lost wages, and pain and suffering. We are committed to advocating for the rights and safety of pedestrians and bicyclists in North Carolina, and we work to provide fair and aggressive legal representation that puts your needs above any other concern.

To schedule your free consultation today and speak with an attorney at no risk to you, fill out our convenient online contact form or call our offices at 888-376-2889.

References

Crash facts. (n.d.). Watch for Me NC. Retrieved from http://www.watchformenc.org/crashfacts/

Safety Tips for Pedestrians. (n.d.) Pedestrian and Bicycle Information Center. Retrieved from http://www.pedbikeinfo.org/community/tips_pedestrian.cfm

Stone, A. (2016, July 14). Safety program aims to reduce Charlotte’s rising pedestrian, cyclist deaths. The Charlotte Observer. Retrieved from http://www.charlotteobserver.com/news/local/article89680127.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Auto Insurance Rates Likely Going Up in N.C. During 2017

Car Insurance Premiums
Distraction and Higher Repair Costs Fuel Proposed Insurance Rate Hikes in North Carolina
Contact Myers Law Firm If You’ve Been Hurt in an Auto Accident

Car Insurance Premiums

For years, North Carolina has boasted some of the lowest car insurance premiums in the country, but those golden days for drivers in the state may be waning. The state’s insurers have reached a settlement with regulators for a 2.2% increase in auto insurance rates statewide. The rate hike will take effect on October 1.

The 2.2% figure represents a much smaller increase than what the state’s insurers wanted. The N.C. Rate Bureau, which represents all insurance companies doing business in the state, filed a request in February with the North Carolina Department of Insurance for a rate increase of 13.8%.

The insurers cited a 7% increase in crashes stemming from distracted driving and a 13.2% rise in alcohol-related traffic deaths as factors that were increasing the average cost and severity of insurance claims. They also said that rising medical costs and higher auto body repair bills played a role in the rate-hike request as well.

“All of these [factors] together are why we are requesting an increase at this point,” said Ray Evans, general manager of the Rate Bureau, which represents all insurers doing business in the state.

As part of the final settlement with the N.C. Rate Bureau, the state’s insurers agreed not to request a rate increase in 2018.

Distraction and Higher Repair Costs Fuel Proposed Insurance Rate Hikes in North Carolina

Insurance experts say that several key factors have combined in recent years to make auto insurance claims more expensive than ever. Some of the most important among those factors include:

Higher repair costs: New, high-tech vehicles with advanced safety features and peripherals are much more expensive to maintain and fix compared to older models. While they may help avert crashes and can sometimes lessen the severity of injuries when collisions do happen, added features like parking-assist cameras are easily damaged during an auto accident and are costly to repair or replace.“[A fender-bender] used to be just fixing a bumper,” Allstate spokesperson Adam Polack told the Charlotte Observer. “Now [the bumper] has a backup camera in it. So, cars are more expensive to fix.”
Distracted driving: Mobile devices are fueling an epidemic of distracted driving on our roads, and the result is that auto accidents and related fatalities are on the rise nationwide after years of steady decline. According to the 2015 installment in an annual driver behavior survey from State Farm, more than one in three motorists surveyed admitted to texting while driving and 29% said they often browsed the internet behind the wheel.“It’s interesting to observe how the number and types of distractions available on cell phones have grown over the years we have conducted this annual survey,” said Chris Mullen, director of technology research at State Farm, regarding the survey’s results.In addition, many vehicles today are equipped with voice-activated systems for making phone calls, setting GPS, and adjusting the heat or radio. While drivers tend to believe these hands-free systems allow them to multitask safely, studies show otherwise. A 2015 study from the AAA Foundation for Traffic Safety, for example, concluded that voice-based systems in cars are “cognitively demanding and ought not to be used indiscriminately while operating a motor vehicle.”

More miles driven: In recent years, low gas prices and a rebounding economy have encouraged people to drive more and take longer trips when they do. In North Carolina, drivers traveled 13% more miles in 2015 compared to the average total over the previous five years. Not surprisingly, this jump in miles traveled has coincided with higher crash rates in the state; the N.C. Department of Motor Vehicles reported that driving-related fatalities increased 8.1% in 2015 from the year before, while injuries increased 11.8% and reported crashes rose 11.1%.
Alcohol-related wrecks: North Carolina has recently seen a surge in alcohol-related traffic fatalities, although highway safety experts have so far struggled to explain why. In 2015, the state experienced a 13.2% increase in alcohol-impaired-driving fatalities compared to the previous year. This spike came after five decades of steady decline in drunk driving deaths.

Clearly, some of these factors should concern North Carolina drivers, as they indicate that the insurance rate hike is a symptom of serious statewide highway safety issues. While individuals are ultimately responsible for their own actions behind the wheel, N.C. residents should also look to law enforcement officials and highway safety authorities to develop practical measures to combat the ongoing epidemic of distracted driving and the recent spike in alcohol-related traffic deaths.

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Contact Myers Law Firm If You’ve Been Hurt in an Auto Accident

To get in touch with us right away, complete the brief contact form on our website, or call 888-376-2889.

References

Nelson, K. (2016, September 19). North Carolina has second-lowest car insurance premiums nationwide, according to report. Wsoctv.com. Retrieved from http://www.wsoctv.com/news/local/north-carolina-has-second-lowest-car-insurance-premiums-nationwide-but-rates-are-on-the-rise/447639977

Ranii, D. (2017, February 9). NC auto insurers seek 13.8 percent rate hike. The News & Observer. Retrieved from http://www.newsobserver.com/news/business/article131736244.html

Ranii, D. (2017, June 15). Your auto insurance rates are going up – but less than insurers wanted. The News & Observer. Retrieved from http://www.newsobserver.com/news/business/article156389224.html

Smith, C. (2017, March 15). 4 reasons your NC car insurance will very likely rise this year. The Charlotte Observer. Retrieved from http://www.charlotteobserver.com/news/business/article138378218.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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8 Things You Should Never Do After an Auto Accident

Auto Accident
Don’t Make These 8 Mistakes After a Crash
Contact Myers Law Firm If You’ve Been Injured

Auto Accident

At the time of an accident, you’re likely nervous and panicked about what might happen next. You may be wondering: Will the damage be covered by insurance? Is anyone injured? Was it my fault?

It’s important to stay level-headed in this difficult time. Even though it’s not easy to compose yourself in the wake of an accident — especially if you or a loved one has suffered an injury — the actions you take now could have far-reaching implications.

If you’re involved in one of the nearly 6 million traffic collisions per year in the U.S., remember to first take a deep breath and approach the incident with clarity. Whatever the circumstance, keep this list with you as a reminder of what not to do.

Don’t Make These 8 Mistakes After a Crash

Fleeing the Scene
Regardless of how harmless an accident appears, you’re required by law to check on the other driver, exchange information, and contact law enforcement. If any property damage or injuries have been inflicted, it is an automatic misdemeanor to leave the scene of an accident. Depending on the scenario, fleeing could also be punishable by fines or jail time.
Not Calling the Police
No matter how the accident unfolds, it’s important to call the police and file a report. If no police officer arrives to document the accident, proof that it happened and the details of the incident will be sparse, leaving room for disputes and shifting stories later. Having a report on file will speed up the claims process and create crucial documentation in the case of long-term injury or automobile troubles.
Neglecting Proper Documentation
If you decide to file a personal injury claim related to your accident, more documentation is always your friend. After an accident, remember to:
a. Take photos of the scene and the cars involved;
b. Note the name, address, phone number and driver’s license of the driver(s)
c. involved;
d. Document the other driver’s car insurance company and policy number;
e. Record the full names of any passengers involved; and
f. Gather correct contact information for the police officer filing the report.
Admitting Fault
Admitting fault either at the scene or in a recorded statement to the other party’s insurance company automatically puts you, your insurance company, and your lawyer at a disadvantage. While it can be tempting to apologize in the heat of the moment after a crash — even when you didn’t do anything wrong — just remember that assigning fault isn’t your job and leave it to the law enforcement professionals and attorneys who may handle the case.RELATED: Why Not Reporting A Car Accident Is A Bad Idea
Denying Any Injury
Just because you feel okay after an accident doesn’t mean you’re fine. Adrenaline may be masking major or minor injuries, and an untreated minor injury could get worse over time. In addition, telling people you do not need medical treatment could prevent you from receiving personal injury compensation from the at-fault party. Prompt examination is required to tie injuries to a car accident, so it’s best to and pay close attention to any lingering symptoms and get medical treatment if you have any injury, even if it’s minor.
Signing a “Quick-Hit” Release
Sometimes insurance companies will try to get people to sign a release within days of an accident. They do this by offering some amount of money, such as $500, plus the payment of “reasonable medical bills.” This may seem like a good deal at first, but your injuries could be worse than you think they are after just a couple of days.They could last years or cause long-term problems. In addition, the insurance company may later contest medical bills and claim they are not “reasonable” since the release only obligates them to pay “reasonable medical bills.” It is best to wait at least a week or two to allow your body to heal and find out if you have any lingering injuries before signing a release. If you have had any medical treatment, make sure that you complete the entire course of treatment before signing anything.
Speaking to an Insurance Adjuster
While an insurance adjuster — either from your own insurance company or the other party’s — may contact you for a statement, it’s important to understand that you do not have to and should not give them a statement before you’ve spoken with experienced legal counsel, especially if they represent the other side. Insurance adjusters are out to represent the insurance company’s interests and pay you as little money as possible, and anything you say to them could be used against you later in court.
Not Contacting an Experienced Personal Injury Lawyer
Assessing the long-term consequences of your injury and whether you have a viable legal case is a massive task for an untrained person to handle in the aftermath of a crash. Since a quality personal injury attorney will offer free, no-risk initial consultations, there’s no downside to speaking with a lawyer and receiving an expert assessment regarding your case. Meanwhile, if you choose not to contact a lawyer, you’ll likely face an uphill battle in terms of receiving compensation, and you could lose the opportunity to pursue justice forever due to the statute of limitations on personal injury cases.

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Contact Myers Law Firm if You’ve Been Injured

At Myers Law Firm, we understand that stress, anger, and confusion often accompany a senseless injury. If you or a loved one has been injured due to someone else’s negligence, we’re here to help. When you choose us to represent you, we’ll act as your advocate and use our legal experience and resources to fight relentlessly on your behalf until your case reaches a resolution.

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Stay Safe: 9 Tips for Driving Through Mountains, Hills, and Remote Areas

Spotaneous Getaway or Extended Vacation
9 Tips to Prepare You for a Scenic Drive?
What If You’ve Gotten Into a Crash?
Myers Law Firm: Helping Car Accident Victims

Spotaneous Getaway or Extended Vacation

As the weather warms, a spontaneous getaway or extended vacation to the mountains of North Carolina can offer a wonderful way to relieve some stress for residents in Charlotte and Mecklenburg County. While our state offers beautiful views and limitless natural experiences on famous roads like the Blue Ridge Parkway and the Cherohala Skyway, clear weather and road conditions can become unpredictable in high elevations and remote areas, and car accidents in these areas can prove especially dangerous.

To help you stay safe during your travels through North Carolina’s diverse terrain, we’ve put together nine helpful tips that can reduce your risk for a crash while driving through mountainous or hilly areas.

9 Tips to Prepare You for a Scenic Drive

Before your upcoming travels, consider the following tips:

Give your car a tune-up.
Before a trip through mountainous terrain, especially after the cold months of winter, your car may need extra attention. Ensure the vehicle’s brake and transmission fluids are filled. Check that the brakes, heating and cooling, windshield wipers, battery performance, and exhaust systems are working properly. Also make sure the tires are inflated and a spare is on standby. Your car should be in optimal condition, as unexpected events, terrain, and weather may put a more demanding load on your vehicle.
Fill up.
Many people don’t realize that climbing steep grades requires more fuel than the typical drive. Couple that with the fact that gas stations and cell phone service could be sparse in mountainous areas and you have a recipe for a breakdown. Many mountain roads have minimal shoulders and little visibility ahead, so running out of gas could place you at serious risk of being hit by another driver. Avoid this scenario by filling your car up completely before a scenic mountain drive.
Be ready for emergencies.
Sudden inclement weather or a damaging car accident could leave you stranded for several hours in rural mountain areas. Before you depart, tell a friend or family member where you’re heading and when you plan to arrive just in case, and ensure you pack extra food, water, clothing, first aid, and tools to fix any minor troubles in case roadside assistance isn’t available.
Use brakes cautiously.
Continuous braking down steep grades can quickly overwork your brakes. When using brakes on declines, use the tap method (quick, light taps on the brake pedal) to keep them cool. Pay attention to speed signs, and anticipate steep, hairpin turns by braking before you take the plunge. By braking before turns, you shift the forces to the back of the car instead of the front, which offers greater control and the ability to more easily coast through snaking roads.RELATED: Distraction Seems To Be Causing The Rise In U.S. Traffic Deaths
Downshift before extreme downgrades.
For even better performance on steep topography, downshift into a lower gear. This will limit stress on your vehicle’s engine and brakes and help you control your speed. Make sure that you do this before you begin going downhill, as switching gears during a steep grade can be dangerous.
Watch your temperature gauge.
While you’re ascending, keep an eye on the engine temperature gauge and try to keep it in the safe zone. If you see it rising above the acceptable level, turn off the air conditioner and go lighter on the accelerator — or pull over where it’s safe and take in the view while your engine cools down for a bit.
Stay alert and on your side of the road.
Although it’s tempting to look at the breathtaking scenery while driving, stay focused on keeping an even distance between the yellow lines. Even the briefest moment of distraction can cause drifting, which could encroach onto oncoming traffic’s space and cause a crash.Use roadside pullouts for scenery stops, and whenever traffic behind you exceeds two or three vehicles, allow them to pass at the next legal pullout. Remember that uphill traffic has the right of way, and watch for hairpin turns, steep cliffs, and other unexpected shifts in terrain.
Use your headlights.
Dusk, dawn, rain, snow, fog, and night driving require headlights. When in doubt, use your headlamps to make yourself as visible as possible to oncoming traffic and cars in front of and behind you. Don’t forget to check that your car’s headlights are in good working order and free of debris or obstructions before you get on the road.
Map out your trip beforehand — literally.
Relying on your smartphone’s GPS app or your Garmin-type device may get you wherever you need to go without a hitch in urban areas, but these apps and devices tend to struggle in remote areas where small side roads may not be mapped completely or accurately. To avoid a wrong turn, plot out your trip on an old-fashioned paper map before you depart; even if your smartphone handles the job just fine, you’ll feel better knowing you have a backup on hand.

For help planning a scenic drive that can take you through some of North Carolina’s most beautiful landscapes, visit the State’s official “Scenic Byways and Drives” page at VisitNC.com: https://www.visitnc.com/scenic-byways-drives.

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What If You’ve Gotten Into a Crash?

Even the most prepared drivers can end up in a life-threatening situation, especially when another person’s negligence enters the equation. If you’re in a crash, you should assess everyone’s condition and contact the police right away. We’ve written about the most important steps after a car accident before, and these steps can help you just as well in mountainous areas. However, after taking care of the essentials, you may need to take a few additional steps if you crash in the mountains or other remote areas.

For example, although it may take a long time for them to arrive, contact roadside assistance to either tow or analyze your car’s condition; driving a damaged vehicle on steep terrain can be extremely dangerous. If you’ve crashed in an area without cellular service and you’re confident in the integrity of your vehicle, you can drive cautiously to the nearest designated roadside pullout and seek assistance. If inclement weather is a factor, stay sheltered in your car as long as it’s in a safe location. If your car is unsafe, dress for the weather in your emergency gear, walk toward the nearest pullout, and seek immediate assistance.

Crashes on mountain roads tend to be even more dangerous than most auto accidents due to the limited visibility ahead, and one crash can lead to another if someone is driving too fast to see the stopped cars from the original accident. Exercise extreme caution after a collision, and if you must get out of your vehicle, avoid standing in the road at all costs.

Myers Law Firm: Helping Car Accident Victims

Whether your crash was caused by another driver or a road hazard, it’s critical to call an attorney in the case of an auto accident while traveling. Poor road conditions, improper signage, and any number of other factors could have caused or complicated your car wreck, but only an experienced personal injury attorney has the training and expertise to investigate your case, assess fault, and determine the best course of action. If someone else is at fault for your damaged vehicle or injuries, you deserve justice and compensation for your losses, and the team at Myers Law Firm is here to help.

At Myers Law Firm, we provide aggressive and efficient advocacy for auto accident victims in Mecklenburg County. We offer free initial consultations for all personal injury cases so we can discuss your unique situation and provide you with candid advice about your best course of action. Please complete our online form or call 888-376-2889 to meet our team and discuss your legal options at no risk to you.

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Distraction Seems to be Causing the Rise in U.S. Traffic Deaths

Car Crash Fatalities
Distracted Driving
Studies Show That More than Half of Drivers May Be Distracted
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Car Crash Fatalities

Car crash fatalities are on the rise in the United States. The suspected culprit, according to traffic safety experts: Distracted driving.

Unfortunately, this comes as no surprise considering the general increase of cellphone use and our culture of “need-it-now” information. Compounding the widespread use of smartphones and other devices are lower gas prices and a stronger economy, which inevitably fuel more driving and therefore more traffic fatalities.

Distracted Driving

Distracted driving is anything that takes away your cognitive, visual, or physical ability to focus on the primary task of driving. When you’re behind the wheel, distractions can pop up everywhere you look. Whether it’s your cell phone, car passengers, other drivers, your car stereo or temperature controls, or even just thinking about your busy day, distractions can compromise your attention and cause a crash in the blink of an eye.

Distractions while driving, of course, have been around far longer than smartphones — in fact, they’ve been around for as long as automobiles have existed. Eating and driving, for example, is one of the most dangerous activities you can engage in behind the wheel; the National Highway Traffic Safety Administration (NHTSA) estimates that it increases your risk for a crash by 80 percent.

Still, there’s no denying that the advent of smartphones, in-car GPS, and other portable electronic devices have introduced a host of new sources for distraction without alleviating any of the distractions that already existed. With social media, mobile games, and all the information on the world wide web at their fingertips, drivers are feeling more tempted than ever to take their eyes off the road — and they’re causing more crashes as a result.

Troubling Statistics Regarding Distracted Driving

The National Safety Council (NSC) reports that the current upward trend in traffic deaths began in 2014 and shows no signs of decreasing. Nationwide, the NSC reported 17,775 traffic fatalities in the first six months of 2016 — an increase of 10.4% compared to the same period in 2015 and up 18% compared to the same period in 2014. These alarming numbers came after years of declines in the total number of annual traffic deaths.

In addition, the World Health Organization (WHO) recently reported that the United States ranked 17^th out of 29 high-income nations for the most traffic deaths per 100,000 people in 2013. The United Kingdom, Canada, Brunei, and the Philippines (just to name a few) have fewer traffic-related fatalities per capita than the United States.

As we discussed back in September, North Carolina doesn’t seem to be an exception to this trend, as state officials reported a 7.4% increase in traffic fatalities in 2015 compared to the previous year.

Robert Gordon, senior vice president for the Property Casualty Insurers Association of America, told a safety forum late last year that experts in the insurance industry believe that distracted driving is one of the primary causes behind the increase in traffic deaths. They came to this conclusion in part, he said, because traffic fatalities spiked especially sharply in urban areas where congestion is higher and driving speeds are generally slower.

“You look at urban areas where the traffic slows way down and the first thing that half the drivers do, or more than half, is pull out their iPhones and their iPads,” Gordon said. “You start talking to your friends, you check your email, maybe you send a text and that’s a huge problem.”

“Our auto insurance companies feel the biggest cause of the increasing accident frequency is this type of distracted driving,” he added.

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Studies Show That More than Half of Drivers May Be Distracted

Even though most drivers are aware of the danger that distracted driving poses, few people realize just how serious and widespread the problem is. According to one recent and highly comprehensive study from the Virginia Tech Transportation Institute, the average person behind the wheel of a passenger vehicle is distracted more than 50 percent of the time, and 70 percent of crashes involve some degree of distraction as a cause.

Researchers in this study came to this conclusion based on in-car camera footage of more than 3,500 drivers, who were filmed for a period of three years. Not only that, but they also gathered self-reported survey data from the participants, and the results are equally eye-opening:

1 in 5 drivers admitted to surfing the internet while driving;
1 in 3 sent text messages while driving; and
1 in 2 talked on the phone while driving.

Clearly, distracted driving poses a greater and more widespread threat to public safety than most people would ever care to imagine. Until lawmakers and public safety experts find a way to address this ongoing epidemic of distracted driving, traffic fatalities will most likely continue to trend in the wrong direction.

Contact Myers Law Firm

If you or someone you love has been injured in a car accident caused by a distracted driver or by any other type of negligence, Myers Law Firm is here to fight for you. When you choose us to handle your case, we promise fair and aggressive representation that places your best interests above any other concern. Please complete our online form, or call 888-376-2889 to discuss your legal options in a free, no-risk consultation.

References

DHSMV reminds motorists to focus on driving, Florida [press release]. (2016, April 1). Florida Department of Highway Safety and Motor Vehicles. Retrieved from https://www.flhsmv.gov/safety-center/driving-safety/distracted-driving/

Eating while driving. (n.d.). Decide to Drive. Retrieved from http://www.decidetodrive.org/distracted-driving-dangerous/eating-driving/

Lowy, J. (2016, October 29). Surge in U.S. traffic deaths attributed to cell phone distractions. The Associated Press. Retrieved from http://www.allgov.com/news/controversies/surge-in-us-traffic-deaths-attributed-to-cell-phone-distractions-161029?news=859681

Marshall, A. (2016, March 8). U.S. drivers are distracted more than half the time they’re behind the wheel. CityLab. Retrieved from http://www.citylab.com/commute/2016/03/major-distractions-for-drivers/472656/

Motor vehicle fatalities up 9%; No sign of a decrease in 2016, says National Safety Council. (2016, August 23). National Safety Council. Retrieved from http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=134

U.S. traffic deaths jump by 10.4 percent in the first half of 2016. (2016, October 5). The Associated Press. Retrieved from http://www.nbcnews.com/news/us-news/u-s-traffic-deaths-jump-10-4-percent-first-half-n660241

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Why You Need More UM/UIM Coverage Than You Think

Legislative Change
About Uninsured and Underinsured Motorist Coverage
Is the Minimum UIM Coverage Enough?
UM/UIM Coverage: Peace of Mind, at an Affordable Cost?
Contact Myers Law Firm If You’ve Been Injured

Legislative Change

Since 2009, North Carolina law has required that all drivers purchase a minimum amount of uninsured and underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. Previously, North Carolina required drivers to have uninsured motorist coverage, but had no requirement for underinsured motorist coverage.

Although this legislative change marked an important step toward protecting all drivers in the event of a hit-and-run incident or an accident involving an underinsured driver, it does create the unfortunate side effect of convincing many drivers that the state-mandated minimum amount of UM/UIM coverage offers enough protection for everyone.

In this article, we’ll discuss why that’s not always the right conclusion to make, and why additional UM/UIM coverage makes sense for a lot of drivers out there.

About Uninsured and Underinsured Motorist Coverage

If you’ve never paid close attention to what’s in your auto insurance policy, you might not understand what uninsured motorist coverage and underinsured motorist coverage do. While closely related, these are actually two separate types of insurance coverage that work a little differently when it comes time to file a claim.

Uninsured motorists (UM) coverage provides insurance coverage when an uninsured, at-fault driver injures you or someone else who is covered under your policy. This includes coverage for a hit-and-run accident so long as there was contact with the hit-and-run car. UM insurance also provides coverage for property damage. In a hit-and-run wreck, however, the other driver must be identified in order to claim UM property damage coverage.
Underinsured motorists (UIM) coverage covers you when an underinsured, at-fault driver injures you or someone else who is covered under your policy. UIM coverage does not provide protection against property damage.

Wondering what an “underinsured driver” means, exactly? For insurance purposes, an underinsured driver is one whose liability limits (1) are less than your UIM coverage limits and (2) won’t cover the monetary losses incurred by the people the underinsured driver injures in an at-fault accident. If you’re hit by such a driver, your UIM coverage will pay a maximum of the difference between the other driver’s liability limits and the limits of your UIM coverage.

Most responsible drivers never think much about what they’ll do if they get hit by a driver who’s not carrying insurance or who’s carrying a minimal policy that won’t cover the resulting damages. That’s because they tend to assume (wrongly, unfortunately) that the vast majority of people on the road are reasonable and law-abiding motorists, just like them.

The facts, though, paint a less rosy picture: according to the most recent (2012) data from the Insurance Information Institute, 12.6 percent of U.S. drivers — or about one in eight — are uninsured at any given time.

Fortunately, 2009 legislation made UM coverage mandatory for North Carolina drivers at a minimum level of $30,000 per person and $60,000 per accident (with a $25,000 minimum for property damage for UM coverage), and combined UM/UIM coverage (equal to the liability limits) mandatory for policies with higher liability limits. But will these limits provide adequate coverage if you get in a serious accident?

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Is the Minimum UIM Coverage Enough?

First, it’s important to understand how UM/UIM coverage works. As explained above, UIM coverage pays the difference between your UIM limits and the other driver’s liability limits. However, if you have a state-minimum $30,000 policy, then a $30,000 UIM policy would serve no purpose — because any other driver who has a valid insurance policy must also at least have the state-minimum $30,000 in liability coverage. This is why the state doesn’t mandate UIM coverage for drivers with the minimum liability limits, and why UIM coverage is only available at limits of $50,000 or more.

UIM coverage does become mandatory, however, when drivers select a policy with higher liability limits. If you purchase a policy with a $50,000 per person and $100,000 per accident liability limits, for example, then North Carolina mandates that your policy include UM/UIM coverage with a $50,000/$100,000 limit as well. In this case, your UIM coverage would apply if you were hit by a driver who only carries the minimum $30,000 in liability limits, and would cover the difference between the limits of the two policies — $20,000 per person and $40,000 per accident.

Although total coverage of $50,000 per person and $100,000 per accident may sound like a lot of money, we can tell you from experience that costs add up very quickly in the event of a serious crash with an uninsured or underinsured driver. Between medical expenses, pain and suffering, and lost wages, $50,000 may not go a long way, especially if you’ve suffered a severe injury that requires complex treatment or extensive therapy. In this scenario, you could easily find yourself still facing tens of thousands of dollars in bills after exhausting your state-mandated UM/UIM coverage.

We’re not the only ones who’ve come to this conclusion, either. According to Edmunds.com, auto insurance experts generally recommend that drivers purchase insurance coverage that allows for bodily injury liability limits of $100,000 per person and $300,000 per accident in order to protect their assets against lawsuits.

Since those recommendations are intended to protect at-fault drivers, you can see how they relate to UM/UIM claims: If experts believe the at-fault person in a serious crash could easily end up creating liability of $100,000 per person or $300,000 per accident, and your UM/UIM coverage provides $50,000 per person and $100,000 per accident in protection, that’s a massive gap between your coverage and the costs and the monetary losses you could be left with when the at-fault person’s policy won’t pay any more (or doesn’t exist in the first place). Not only that, but the total gap in coverage for you and others you care about could be several times that amount.

UM/UIM Coverage: Peace of Mind, at an Affordable Cost

As you can see, the modest extra cost of purchasing additional UM/UIM coverage beyond the state minimums can quickly turn into the kind of investment that preserves your financial stability if you get into a serious crash with an uninsured or underinsured motorist and find yourself depending on this coverage for help.

Fortunately, UM/UIM coverage tends to come at very affordable premiums — much less than you’d pay for standard bodily injury and property damage coverage. According to a 2016 roundup of insurance quotes from ValuePenguin, purchasing additional UM/UIM coverage of $100,000 per person and $300,000 per accident usually costs between $86 and $134 a year, depending on your insurer.

In general, we recommend that drivers seriously consider the benefits of additional UM/UIM coverage. While no one wants to believe they’ll be injured in an auto wreck, the reality is that bad things do happen to good drivers when other people’s negligence enters the equation. If you someday find yourself the victim of someone else’s recklessness, opting to purchase additional coverage now might turn out to be one of the best decisions you’ve ever made.

Contact Myers Law Firm If You've Been Injured

If you or someone you love has been injured in a car accident or other motor vehicle crash, you may be entitled to compensation, and the attorneys at Myers Law Firm are here to help. As a father-and-son legal team with 50 years of combined experience in the Mecklenburg County area, we know the local courts here in Charlotte.

When you choose us to represent you, we won’t hesitate to take your case to trial and defend your rights aggressively in court if necessary. We also provide free initial consultations, and we work on a contingent-fee basis for personal injury cases, which means you won’t pay any attorney’s fees unless we make a financial recovery on your behalf.

To schedule your no-risk initial consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form. We’ll follow up and get in touch with you as soon as possible.

References

North Carolina Department of Insurance. (n.d.). A Consumer’s Guide to Auto Insurance. Retrieved from (http://www.ncdoi.com/_Publications/Consumer%20Guide%20to%20Automobile%20Insurance_CAU1.pdf

Uninsured and underinsured motorist coverage car insurance. (2016). ValuePenguin. Retrieved from https://www.valuepenguin.com/uninsured-underinsured-motorist-coverage-car-insurance#limits-premiums

Uninsured motorists. (2016, September). Insurance Information Institute. Retrieved from http://www.iii.org/fact-statistic/uninsured-motorists

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Can “Textalyzers” Help Stop Distracted Driving?

Auto Accidents
How the Textalyzer Works
Could the Textalyzer Come to North Carolina?
Myers Law Firm: Compassionate, Aggressive Reputation for Injured Victims?

Auto Accidents

Until recently, traffic fatalities in North Carolina and nationwide were on a path of steady decline. Recent statistics from 2015, however, suddenly reversed this trend. According to researchers, traffic deaths in 2015 spiked roughly 8 percent over the previous year.

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State Launches NC Vision Zero to Eliminate Traffic Deaths

NC Vision Zero
North Carolina Traffic Deaths: The Statistics
Eliminating Traffic Deaths: The Path Forward
Contact Myers Law Firm If You’ve Been Hurt

NC Vision Zero

For North Carolina officials, it’s not enough to simply lower traffic deaths. The state has taken that important goal a step further and officially implemented a traffic safety program that intends to eliminate on-road deaths completely.

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5 Critical Steps After a Car Accident

Car Accident
At the Scene of the Collision
In the Days After Your Car Wreck
Myers Law Firm: Here When You Need Us Most

Car Accident

While calling 911 and checking your car for damage might come to mind easily, other important steps to take after a collision are not as straightforward.

At the Scene of the Collision

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In the Days After Your Car Wreck

Myers Law Firm: Here When You Need Us Most

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Why Not Reporting a Car Accident Is a Bad Idea

Aftermath of a Car Accident
Why You Need A Police Report
Informing Your Auto Insurer
Myers Law Firm: Your Personal Injury Attorneys

Aftermath of a Car Accident

In the aftermath of a car accident, your mind will likely be whirling. But these highly intense moments right after a crash are also some of the most critical when it comes to the legal case arising from your accident and injuries, so you should be aware of some important and helpful steps that can help you later on.

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U.S. Auto Accident Deaths Are on the Rise

Government Data
Drunk and Distracted Driving Remain Key Causes of Deadly Auto Accidents
Contact Myers Law Firm If You’ve Been Injured

Government Data

Government data released in August of 2016 shows that safety on U.S. roads and highways is suddenly trending in the wrong direction after decades of progress.

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These Tips Can Reduce Pedestrian Accidents in Charlotte

Motor Vehicle Accident Involving a Pedestrian
Safety Tips for Pedestrians
Accident Prevention Steps for Drivers?
Contact Myers Law Firm if You’ve Been Injured in a Pedestrian Accident

Motor Vehicle Accident Involving a Pedestrian

Even though walking provides a stimulating and healthy way to take in the natural beauty and night life here in Charlotte, it doesn’t come without a degree of risk: our city experiences a motor vehicle accident involving a pedestrian more than once a day on average, according to figures released in a report last month by the National Highway Traffic Safety Administration (NHTSA).

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Brief Overview of the Interplay of Workers’ Compensation Claims and Third-Party Claims

Workers’ Compensation Act

Workers' Compensation Act

Chapter 97 of the North Carolina General Statutes is the Workers’ Compensation Act. This law controls all aspects of workers’ compensation claims. When an employee is entitled to workers’ compensation benefits for an on-the-job injury and the injury was caused by a third-party, the injured employee may have a claim against the third-party in addition to a workers’ compensation claim. The “third party” is a person who is not associated with the employee’s job. One of the most common on-the-job injuries that are caused by a third party occurs when the employee is injured by someone else’s negligent driving. This is a brief overview of the laws governing the interplay of third-party claims when there is a workers’ compensation claim.

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Do I Need a Lawyer for a Car Accident in North Carolina?