Charlotte Rear-End Car Accident Lawyers

When we think of rear-end car accidents, we often think of fender benders that are not too serious. However, rear-end accidents can be devastating, especially when they involve large vehicles, such as tractor-trailers. One Charlotte rear-end accident resulted in three people being taken to the hospital. Another smaller accident occurred on the shoulder of the I-40 where vehicle came to a stop, and the truck behind collided with it before hitting another car. As a result, six cars were involved in the multi-vehicle pile-up, and three people suffered injuries.

If you or a loved one has been injured in a car accident, it is important that you speak with a personal injury attorney as soon as possible to make sure you are protected.

Rear-End Collisions Are Far Too Common

Rear-end collisions are among the most common types of car accidents, and they can happen nearly anywhere. Many times, rear-end collisions happen on busy highways when one car stops abruptly, resulting in the vehicle behind colliding with it. Rear-end collisions that occur on highways are particularly dangerous. A simple rear-end collision can quickly result in a multiple vehicle pile-up, causing deadly injuries on busy roads. Rear-end collisions can also happen on residential and neighborhood streets; this is especially true as more people become distracted by phones and other technology while driving.

Determining Fault After a Rear-End Collision Accident

If you or your loved one has suffered an injury in a rear-end collision, you may be wondering what legal options are available to you. The first step in seeking compensation for your injuries is determining who was at fault in the accident. Under North Carolina law, the at-fault driver is responsible for paying for the injuries caused by his or her negligence. However, North Carolina follows a legal doctrine called contributory negligence. Few states still follow this legal doctrine, and it can make determining fault complicated.

According to the legal doctrine of contributory negligence, the plaintiff must show that the other driver was entirely at fault for the rear-end collision that caused his or her injuries. In other words, the plaintiff will need to prove that the defendant was 100% at fault for the accident. In North Carolina, if the defendant can prove that you were in anyway at fault for the car accident, the court will determine that you have contributed to the accident and you may not be able to recover any compensation.

The Importance of Hiring an Attorney

The rule of contributory negligence makes it incredibly important to hire an attorney to help navigate through the aftermath of a car accident. Demonstrating that the defendant was fully responsible for the rear-end collision is essential to obtaining compensation for your injuries. Most insurance companies and defendants are fully aware that as long as they prove that you contributed to the car accident, even to a minimal degree, you may not be able to obtain compensation.

In a rear-end collision, the defendant may try to prove that you braked suddenly or that you drove with a broken taillight. Or they may argue that you indicated you were going to make a right-hand turn, but continued to drive straight, and as a result, the rear-end collision was not entirely their fault. An attorney can help anticipate these possible arguments that may be raised by the defense and can help build your case with an in-depth investigation of evidence from the scene.

Legal Options After a Rear-End Collision

If you have suffered injuries or property damage in a rear-end collision, there are a couple of options to consider. One option is to make an insurance claim through the policy of the at-fault driver. Another option is to pursue a civil lawsuit. Most people decide to file with insurance before pursuing legal action, in the event they are able to recover enough compensation from the insurance claim to cover the full extent of their injuries.

If you decide to file with insurance instead of taking legal action, it can still be beneficial to enlist the help of an attorney. Insurance companies are for-profit businesses, and some may put their bottom line above the need to provide fair coverage for injured individuals. Some insurance companies may try to argue that you were the at-fault driver, or that the car accident was not the cause of your injuries. If you hire an attorney, they can assist you with the negotiation of a settlement with the insurance company, and if you are unable to be sufficiently compensated from the insurance claim, the injury attorney can help you file a claim against the other driver.

We Are Here to Help

A car accident can be a traumatic experience, especially when injuries are involved. At Arnold & Smith, PLLC, we understand how overwhelming the aftermath of an accident can be and we are here to help. Not only can we help you through the insurance claim process, but we can help you litigate any potential personal injury claims you may want to bring against the other driver.

Contact us today at 704-370-2828 to schedule your free initial consultation and learn how we can advocate for you. For your convenience and safety, we offer video and phone conferencing. If you prefer an in-person consultation, we have three easy to reach offices in Uptown Charlotte, Monroe and Mooresville.

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