WINSTON-SALEM, NC – Lewis & Keller Injury Lawyers, a personal injury firm serving the Piedmont Triad, has released a comprehensive legal guide for North Carolina drivers involved in auto accidents. The guide, published on the firm’s website, outlines essential steps to take immediately after a collision and highlights the state’s unique contributory negligence doctrine, which can significantly impact a victim’s ability to recover damages.
North Carolina is one of only a few states that adhere strictly to contributory negligence. Under this legal standard, if an injured party is found to be even 1% at fault for an accident, they may be barred from receiving any financial compensation from the other party’s insurance. This makes the actions taken at the scene and the statements made in the aftermath critically important. “Evidence collected at the accident scene and statements provided shortly afterward often affect the outcome of personal injury and vehicle damage claims,” the guide notes.
The guide provides a step-by-step approach for drivers to protect their rights. First, it emphasizes securing the scene and calling 911. Moving vehicles out of traffic when possible and requesting emergency services ensures safety and prompts law enforcement to complete an official North Carolina Crash Report (Form DMV-349), which serves as documented evidence during liability reviews.
Second, the guide urges prompt medical evaluation, even if injuries seem minor. Conditions like whiplash, soft-tissue damage, or concussions may not manifest immediately. Visiting an emergency room or urgent care creates a medical record linking injuries to the crash, which is essential for any claim.
Third, gathering on-scene evidence is crucial. Drivers are advised to photograph and video the damage, debris, skid marks, road conditions, and traffic signals, and to exchange contact and insurance information with all involved parties. Eyewitness contact details should also be collected.
The guide also warns about interactions with insurance adjusters. Victims may be contacted shortly after an accident by representatives of other parties seeking recorded statements or offering quick settlements. The guide advises caution, noting that early offers may not account for future medical costs or lost wages. Consulting an attorney before giving recorded statements or signing settlements is recommended.
Finally, the guide highlights the value of consulting a personal injury attorney to navigate the complexities of insurance claims, statutory deadlines, and contributory negligence rules. An attorney can preserve evidence, manage communications with insurers, and pursue appropriate compensation.
Lewis & Keller, headquartered in Winston-Salem and Greensboro, has decades of experience advocating for injured individuals across the Piedmont Triad. Recognized by U.S. News & World Report / Best Lawyers, the firm handles personal injury, auto and commercial truck accidents, workers’ compensation, Social Security Disability, and eminent domain cases. They operate on a contingency fee basis, meaning clients pay no legal fees unless compensation is recovered.
The firm encourages drivers to keep legal contact information in their vehicles and share these safety steps with family members. They offer case evaluations to help accident victims understand their rights and legal options.
