Do you need a Fayetteville Car Accident Lawyer? If so, The Bishop Law Firm can help with your case!
Our legal team of experienced auto accident lawyers helps clients with injuries from North Carolina motor vehicle accidents, pedestrian accidents, truck accidents, and wrongful death in Fayetteville, North Carolina.
We offer free case reviews by phone for those injured in car accidents, 919-615-3095, or you can start your free case review online now.
Fayetteville Car Accidents
If you have been injured in a Fayetteville Car Accident, you are not alone.
According to the NC DOT, in 2023, there were 4,539 car crashes, resulting in 29 fatalities and 1,908 injuries in Fayetteville, NC.
The 2023 numbers mean there were 12 auto accidents and five auto accident injuries in the city limits of Fayetteville each day.
In addition, alcohol (impaired driving) was involved in 143 of those crashes, as well as 38 pedestrians and four bicyclists.
From 2018 to 2020, Cliffdale Rd. from Beverly Dr. to Lansdowne Rd. in Fayetteville was the deadliest stretch of road in North Carolina (MG).
According to Strong Towns Fayetteville, "Fayetteville’s roads aren’t designed like traditional neighborhood streets—they function more like high-speed thoroughfares, blending the worst elements of streets and roads into what’s often called a “stroad."
Stroads are more dangerous than streets or roads because they lack the protective features of each, yet they include high-speed traffic.
Fayetteville's roads are dangerous.
Common Causes of Car Accidents
Car accidents in Fayetteville, NC, can be caused by various factors, including:
- Distracted driving: Texting, talking on the phone, or eating while driving can lead to accidents. Distractions take your attention away from the road, increasing the likelihood of a collision.
- Speeding: Excessive speed can increase the risk of accidents, especially on highways and interstates. Speeding reduces your reaction time and makes it harder to control your vehicle.
- Reckless driving: Aggressive driving, such as tailgating or weaving in and out of lanes, can lead to accidents. Such behavior endangers not only the driver but also other road users.
- Failure to follow traffic laws: Disregarding traffic signals, stop signs, or other traffic laws can cause accidents. Adhering to traffic laws is crucial for maintaining order and safety on the roads.
- Poor road conditions: Potholes, uneven roads, or construction zones can contribute to accidents. Drivers must be vigilant and adjust their driving to accommodate these hazards.
Understanding these common causes can help you stay vigilant and take preventive measures to avoid accidents.
Also read Fayetteville Car Accident Statistics.
North Carolina Personal Injury Law
Under North Carolina law, the at-fault party must be negligent, and the victim must not be at fault for the accident.
Also read How much will my car accident injury settlement be?
Did you get a ticket as a result of your collision?
If you received a citation (ticket) for the accident, that means that the accident was determined to be your fault (you are the negligent driver).
If you need a copy of your automobile accident report, you can try the Fayetteville Police Department or the Cumberland County Sheriff’s Office.
Unfortunately, the accident report may not be helpful if no one received a citation.
Fayetteville Car Accident Lawyers can help decipher the accident report to determine if the other driver’s negligence caused the crash.
Proving liability can be complicated, and a victim may need accident experts to reconstruct the accident.
*If you were injured in a car accident while you were working, you may have a NC workers’ compensation case as well as a personal injury claim. Our Firm also handles Workers’ compensation cases in Fayetteville.
IIn North Carolina, generally, if you receive a ticket, you are not allowed to have a car accident claim against the other party due to contributory negligence.
What is Contributory Negligence?
Contributory negligence is a legal doctrine that holds that a plaintiff’s own negligence contributed to the accident, which eliminates the Plaintiff's ability to recover damages.
In North Carolina, if a plaintiff is even 1% at fault, they may be barred from recovering damages.
Contributory negligence is unfair to victims, but it is the law in our state.
Statute of Limitations
For you to recover from NC Personal Injury Litigation, you must file your case in county court before the statute of limitations runs out.
*Fatal car accidents would result in the victim’s estate having a North Carolina Wrongful Death case.
After the Car Accident
After a collision, the car accident scene can often be chaotic and confusing.
In a perfect world, you would have been able to give a statement, gather the contact information of any witnesses to the collision, exchange insurance information with the at-fault driver(s), and take photos of your vehicle at the scene of the crash.
If you were unable to do any of the above, either because of your injuries or the circumstances of the collision, do not worry!
Your attorney can collect this information through the process of investigating your personal injury claim.
There is also a helpful handout about motor vehicle accident protocol by the North Carolina Advocates for Justice ( NCAJ), found here.
The first step after a car accident is to seek medical treatment.
What medical treatment is needed?
After a car collision, the severity of your injuries dictates the medical treatment you should seek.
Catastrophic injuries will require more care than soft tissue injuries.
Left untreated, serious injuries can result in lifelong problems.
The right thing to do is to seek medical attention for your injuries as soon as possible after the collision, and to get the treatment that is necessary for you to recover from the injuries you suffered at the hands of the at-fault driver.
If you went to the emergency room after the wreck, you likely informed the medical professionals about the facts of the accident and the parts and areas of your body that were in pain.
The medical professionals likely performed physical exams and diagnostic tests, such as X-rays, CT scans, and/or MRIs, to properly diagnose your injuries.
If possible, document the progress of your injuries with photographs from the date of the collision until you are fully recovered.
If you did not take photos from the outset of your Cumberland County car wreck, now is the time to start!
Types of Car Accident Injury
Our Firm has written several posts on personal injury after a car crash. Even if your car accident injury is not listed below, we still can help!
- Back Injury After Car Accident
- Neck Injury After Car Accident
- Chiari Malformation After Car Accident
- Brain Injury After Car Accident
- Blunt Force Trauma To Head From Car Accident
- Shoulder Injury After Car Accident
- Leg Injury After Car Accident
- Foot Injury After Car Accident
- Skin Injury After Car Accident
- PTSD After Car Accident
- Vehophobia After Car Accident
- Chronic Conditions From Car Accidents
- Delayed Symptoms After Car Accident
Filing a Car Accident Injury Claim
Filing a car accident injury claim is as simple as calling the at-fault driver's insurance and giving them the details of your injuries.
Unfortunately, getting fair compensation for an injury claim can be more difficult.
Accident victims are eligible to receive reimbursement for their medical bills, missed time from work, and pain & suffering damages.
The insurance adjuster will not inform you of your rights to recovery under North Carolina law, so don't expect them to.
Anyone not at fault who has injuries from a car accident can have an accident claim, including passengers and children.
Read: What is a recorded statement?
Medical Bills
A victim can recover the actual cost of their medical bills (not the billed amount) (See Rule 414).
In addition to medical bills, medication expenses, and medical supplies are also included.
Many of our clients use their own health insurance to pay for their accident-related medical treatment initially.
An insurance adjuster may later try to argue that medical treatment is not "necessary" if it goes beyond the time frame that their computer program tells them it should.
If your doctor has prescribed treatment, it is in a patient's best interest to follow that treatment.
Also read Medical Bills After Car Accident.
What is pain and suffering?
In North Carolina, pain & suffering damages cover the physical pain and mental suffering that a victim has to endure due to the injury they have sustained.
If you break your leg, you will experience not only physical pain but also mental and emotional trauma.
Unfortunately, injuries can leave us with scars that affect our self-esteem.
You could develop depression, vehophobia, anxiety, or post-traumatic stress disorder after your injury.
How to calculate pain & suffering?
Some personal injury lawyers use medical bills as part of an equation to arrive at a suitable amount for pain & suffering.
The equation is medical expenses + lost wages and accident-related expenses x a multiplier (usually 1.5 – 5).
For example, Minnie Mouse has $15,000 in medical bills and $5,000 in lost wages, resulting in losses of $20,000.
You then multiply $20,000 X 3, which would result in a request of $60,000 for pain and suffering.
The multiplier increases from 1.5 to 5 based on the severity, longevity, treatment, and residuals of the injury, among other issues.
It naturally follows that the greater the injuries, the greater the medical expenses, and thus the greater the damages, but there are always exceptions.
In our Firm’s experience, the insurance adjuster and insurance company will want to pay as little or nothing for pain and suffering in an injury claim.
Also read Pain & Suffering in NC Personal Injury.
What about the hours I have missed at my job (lost income)?
During your recovery, if you had to miss time at work or use your paid leave time, you are entitled to compensation for lost wages.
You should notify your supervisor of your wreck, injuries, and treatment schedule to be sure your employer is aware of your circumstances.
Make sure to document when, why, and the number of hours or paid leave you had to miss or use during your recovery.
Also read Lost Wages and Earning Capacity in NC Car Accident Cases.
Do you need a Fayetteville Car Accident Lawyer?
It depends. If you were not at fault, sustained injuries, and are having difficulty with the at-fault driver’s insurance carrier, you need Fayetteville personal injury attorneys.
You should remember that insurance companies make money by collecting premiums, not paying maximum compensation on insurance claims.
The adjuster may want to make a recorded statement and obtain your medical records while working on your insurance claim.
It can be tricky to know what information to disclose to the insurance company.
If you want advice on negotiating with the insurance company to ensure that you are obtaining fair compensation for your serious injuries, you should call Fayetteville Car Accident Attorneys.
If the insurance company will not offer you fair financial compensation, you need to seek legal representation.
Also, watch our video Fayetteville Car Accident Lawyer - Why you need one.
Frequently asked questions
- How much can a car accident lawyer charge? Our contingent fee law firm charges 33.33% for representing car accident victims. This means that we are paid solely based on how much money we recover for our clients. If we do not recover for our clients, we do not get paid.
- How do I choose a car crash lawyer? We would love to tell you that it’s all about experience or diplomas on the wall (we have both), but the honest answer is passion. You should choose a car accident lawyer who is passionate about what they do. To quote our mentor, “If you love doing it, you just do it better.”
- What if you can’t afford a car accident lawyer for a personal injury case? The Bishop Law Firm is a contingent fee law firm, which means that we get paid out of your settlement, so there are no retainer fees or upfront costs. If you decide not to hire a lawyer because you don’t want to pay one, you will have to deal with the insurance company alone to recover compensation.
- Will I get more settlement money with an experienced personal injury lawyer? No one can guarantee you more money if you have a lawyer in any legal case. But having a personal injury lawyer can help with gathering evidence, negotiating with the adjuster, obtaining experts, preparing you for litigation and making sure that your settlement includes all accident-related expenses.
- Why do you need to hire a personal injury lawyer? Negotiating with an insurance adjuster can be extremely frustrating, especially when you are injured or have lost someone you care for. Frequently, litigation is needed to realize a better settlement. A personal injury lawyer can help keep your claim on track from the adjuster’s desk to the judge’s bench, if necessary.
- When should you hire a personal injury lawyer after a car crash? We have clients who hire us immediately after the accident and others who wait much later. The sooner you hire an attorney, the sooner you have someone on your side.
- How long will it take to settle your personal injury claim? The answer to this question depends on many factors. We do not even begin to discuss settling until our client has received all appropriate medical treatment. If future medical treatment is needed, we need to know the value of that medical treatment before we discuss settlement. In addition, if an insurance adjuster is not willing to offer a reasonable settlement, we may have to file a personal injury lawsuit, which can add substantial time to a case.
- What injuries can you claim for after a car accident? You can claim any accident-related injuries. You can also claim exacerbation of pre-existing injuries, but you will need medical evidence to demonstrate how the accident caused or exacerbated your injury.
- What can I claim after a car accident? In North Carolina, a car accident victim can claim medical bills, lost wages, pain & suffering, and punitive damages (rare) if the at-fault party’s actions were “egregiously wrongful.”
- Who pays for a personal injury claim? The at-fault party’s auto insurance company should pay for the personal injury claim. However, if there is any doubt about liability, the insurance company may deny a personal injury claim. North Carolina is a “contributory negligence” state, which means that if the victim was at fault in any way (generally), they cannot recover.
Free Case Reviews and No Fee Unless You Win
The Bishop Law Firm helps accident victims with head-on collisions, motorcycle accidents, truck accidents, pedestrian accidents, bicycle accidents, and car accident cases in the Fayetteville area on a contingency fee basis (we do not get paid unless you win).
Read more about our services:
- Fayetteville Personal Injury Lawyer
- Fayetteville Motorcycle Accident Lawyer
- North Carolina Pedestrian Accident Attorney
Call us today at (919) 615-3095 or start your free case review now!
