Determining if You Need an Attorney to Take Action Against a Speeding Driver
Speeding drivers are a big problem, and high speeds will often escalate injuries from mild to possibly fatal. It’s well known that the higher the speed, the more probable of fatality, but still people travel well above the speed limit. So what can you do as you start your recovery from a crash with a speeding driver? You can ensure that you take every opportunity possible to get full compensation.
The only thing worse than being stuck with severe injuries after crashes being stuck with them along with medical debt and the losses associated with the time we lost at work. But it might not be so easy to move forward. Many people feel that they can certainly handle a car accident claim with their insurance company on their own. Many people find out much later that they received very small settlements or that the settlement they received could not cover their damages. Contact our North Carolina car accident attorneys today for the best possible outcome.
Understanding North Carolina Fault Guidelines
North Carolina uses a really harsh fault system and that if you contribute even 1% to the accident or your injuries, you can’t recover anything. That means things like not wearing your seat belt can bar you from obtaining compensation. It also means trivial things like tail light can Result in the victim not having access to any type of compensation even if the other driver was clearly negligent and speeding.
Speeding, Excessive Speed, and Blatant Negligence
Last summer, Charlotte NC police reported a substantial increase in street racing. Huntersville police reported the same thing along Interstate-77, and local officers identify multiple vehicles in excess of 80 mph while in 65 mph or under zones.
Street racing is one of the elements of blatant negligence that comes up during car accident resolution. Typically the at-fault driver is not only experiencing your civil situation or the resolution through the car insurance companies but also criminal charges. Straight razors can Take on charges for participating in coordinated racing or prearranged racing, negligence, and much more.
When Does Negligence Constitute a Lawsuit?
In cases where someone has caused you harm, either physically or financially, you’ll move the forward through the civil court system. The civil court system allows anyone who experienced an injury at the hands of another to file a lawsuit, but it is more common that you’ll be filing a claim through your insurance company and evaluating the possibility of moving forward to court.
In the state of North Carolina, the law surrounding negligence closely look at contributory negligence and who has the burden of proof. Anyone stating that the other party is responsible is then Responsible for providing proof of the negligence. Its wording is a little strange because it’s trying to say two things at once. Essentially this law outlines that the person making a claim is responsible for proving the negligence or providing the proof. In that same confusing phrasing, a technology in the presence of contributory negligence which means if the claimant contributed to the damages in any way, there is no possibility for recovery.
Filing Your Claim
Initially, you want to file your claim with your insurance provider. You can do this before or after speaking with a local attorney. But when you contact your insurance provider, ensure that you don’t get tricked into giving a formal statement over the phone. Insurance companies will use this tactic in an effort to reduce what they may have to pay out later. Of course, it seems like an insurance company would be on your side, but in general, they’re looking to keep their money in their bank account.
North Carolina Car Accidents and Attorneys
All throughout North Carolina, speeding is a massive problem. It may have something to do with speed racing, or simply someone was running late for work. Unfortunately, the damage is done, and now you’re only options are to move forward. For you, moving forward might include surgery, weeks or months of therapy, vocational rehabilitation, and months or even years spent out of work. Not to mention property damage that may leave you and your family in a dire financial situation.
If your crash involved high speeds, then it is likely that you will need to at least consult with an attorney. During a consultation, you’ll have a chance to sit down with a North Carolina car accident attorney and review the details of your crash. The attorney is the review accidents this way can help you determine if there’s any purpose in having a lawyer or if this is something you could reasonably resolve through the insurance providers.
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