If you’ve been injured in a car wreck in Charlotte, you may be able to file a lawsuit to recover damages owed. However, knowing some key personal injury laws and driving statutes can help you navigate the complex legal world of car accidents. There are also a few key terms worth knowing.
- Damages: These are typically financial compensation an injured person requests in a lawsuit to “make them whole” or restore their situation to normalcy as much as possible. There are specific types of damages, which are discussed below.
- Compensatory damages: These are damages awarded to an injured party directly related to their loss. This could be lost wages due to an injury from an accident, for example, or the damage sustained to their vehicle from the crash.
- Punitive damages: These are awarded separately from the damages used to compensate the injured individual. They are awarded when the defendant acted in an excessively harmful or reckless way.
- Economic damages: These can easily be calculated, such as property damage or medical bills the injured individuals had to pay to recover from their injuries.
- Noneconomic damages: In contrast to economic damages, noneconomic damages are harder to measure concretely, such as the emotional pain and suffering you sustained, mental anguish or loss of enjoyment of activities you regularly participated in before the crash.
North Carolina Statute of Limitations for Car Accident Cases
After you have been injured, you have a certain amount of time to file a lawsuit—otherwise, your suit may be considered invalid. This is known as the statute of limitations. For personal injury matters, including car accidents, you must file a claim within three years from the date your injury occurred.
North Carolina uses a discovery rule for injuries that aren’t apparent. For example, if you damaged your spine in a car accident but symptoms did not show until a few months later, you have three years from the date your injury became apparent to file your suit—not three years from the accident that caused your injury.
This rule also applies when the injury should have been apparent to a reasonable person—the limitation period applies from the date you should have noticed the injury and not the date you actually noticed it. A car accident lawyer can help you understand the nuances between these situations. If you’re unsure about how the statute of limitation applies in your case, reach out to an attorney.
North Carolina Laws for Car Drivers
Every state’s laws for drivers are different, though there are some similarities across the country. Here are some key laws you should ensure you understand.
- Minimum insurance requirements. Under North Carolina law, drivers must carry a minimum amount of insurance coverage. This includes $30,000 in coverage for bodily injury to one person, $60,000 for bodily injury to two or more people and $25,000 in property damage coverage.
- No damage caps. Unlike other states, North Carolina does not place a cap on economic or noneconomic damage amounts for personal injury lawsuits. That said, there is a limit on punitive damages—you cannot recover more than three times your compensatory damages or $250,000, whichever is greater.
- No texting. Drivers are prohibited from reading or writing text messages while they are driving. Doing so results in a $100 fine in addition to other court costs.
- Accident report requirements. If you are in an accident involving personal injury, property damage over $1,000 or death, it must be reported to a law enforcement officer. Failing to do so could result in a license suspension and/or prosecution.
Identifying Fault for Car Accidents in North Carolina
Like many other states, North Carolina uses an at-fault framework when determining who is required to make an insurance claim to pay for the damages they caused. Fault is determined by an insurance adjuster who surveys the accident, police reports and other evidence. But, insurance adjusters aren’t always correct, and a civil lawsuit may be required for you to get fair compensation.
North Carolina uses the pure contributory negligence doctrine when deciding who can recover damages. Unlike other states, in North Carolina if you are even slightly at fault in an accident, you cannot collect damages at all.