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Can you sue someone for a car accident in NC? You can sue an at–fault driver if their negligent action or inaction caused you to suffer an injury or property loss.
North Carolina allows victims to sue those who are at fault, though typically, you will file a claim against the driver’s insurance policy first. There are several North Carolina laws you need to know, and a North Carolina car accident lawyer can help.
North Carolina Follows an At-Fault Legal Premise
North Carolina is an at-fault state. That means the party that causes the injuries and losses can be held liable for financial compensation due to their negligence. However, it is up to you, the victim, to prove the other party was negligent through all four of the following elements:
- They owed you a duty of care. In car accidents, this is clear if the other driver violated the law. Every driver owes every other driver a duty of care because they must follow all traffic laws.
- They violated that duty of care. In some way, the driver failed to fulfill their responsibility to keep you safe. In North Carolina car accidents, the most common cause is violating the law, such as running a red light or speeding.
- They caused the accident. That violation must directly cause the accident you suffer. For example, if the driver was speeding but did not strike you, that does not apply. If the driver’s speeding is what caused you to suffer injuries, then you can seek a claim.
- You suffered financial and physical losses as a result of the accident. It is not enough that they caused an accident. You must have suffered physical injury and financial loss from their actions.
If you believe each of these factors applies, you can seek financial compensation from the at-fault driver to pay for the losses you document. In every situation, it will be up to you to prove each one of these factors. Your North Carolina personal injury lawyer can help you to do that.
Filing a Claim with Insurance Typically Comes First
Most of the time, the other driver will have the legally required liability insurance. North Carolina requires all drivers to have liability insurance of at least $50,000 per person and $100,000 per accident in bodily injury coverage, with a minimum of $50,000 in property damage coverage. This policy should cover all of the losses you have up to the value of the claim. Some of the damages you may be able to seek include:
- Medical costs you have stemming from the accident and your recovery
- Lost wages for time missed at work due to the accident and recovery process
- Loss of earning capacity if you are unable to go back to work for a long period of time or can no longer do the same job due to injuries
- Property damage for your vehicle or other assets
- Pain and suffering losses
- Emotional distress and mental anguish from the incident
Again, all of the responsibility of proving who is at fault and the value of each of these losses is on your shoulders. Your attorney will work closely with you to gather more insight into your legal options in building a maximum claim in a car accident lawsuit.
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Consider the Strict Contributory Negligence Rule for a Car Accident Lawsuit
North Carolina is one of just a few states that follows a pure contributory negligence rule. Under this rule, you can file a claim and lawsuit against the other party as long as you hold no fault in the case. If you are found to be even 1% at fault by the court, you may be unable to recover any damages.
That means the other party could be 99% at fault for what happened. They could not owe you anything because you are partially at fault. This is one of the strictest rules related to liability claims.
The court ultimately will determine who is at fault and whether you can seek compensation for your losses. If you are partially at fault or you believe you are unfairly facing fault accusations, it is best to work with a North Carolina car accident lawyer to help you prove your innocence and protect your right to take legal action.
Meet the Statute of Limitations for Filing a Lawsuit
In North Carolina, victims have three years from the date of the accident to seek compensation through a lawsuit (G.S. § 1‑52). This is the state’s statute of limitations. If you miss this deadline, the court will not hear your case.
The statute of limitations gives you time to recover, calculate losses, file an insurance claim, and, when necessary, file a lawsuit. There are very few limitations to this timeframe. For example, if you are a minor at the time of the accident, the statute of limitations is tolled until you turn 18 years old.
There are limitations to this rule as well. For example, if the car accident resulted in the death of your family member, and you are seeking compensation as a result of that death, you have just two years from the date of the death to do so. In cases related to government entities, such as police officers or government organizations, you must notify within 30 days and seek a claim in a much shorter period of time. It is critical that you, as the victim, take action as soon as possible in these cases or work with your car accident lawyer for guidance right away.
Discuss Your Case with a North Carolina Car Accident Lawyer First
You can sue someone in North Carolina for a car accident if they cause an accident that results in your losses. Doing so with the help of a car accident attorney minimizes the risk that you do not get the level of support you need.
Contact Farmer & Morris Law, PLLC to discuss your case with our legal team. There is no cost to speak to us. You do not pay us anything unless we win your case.
