Car accidents can happen in the blink of an eye, turning your world upside down. Winston-Salem car accident victims know firsthand the pain, confusion, and stress that follows.
During this challenging time, a dedicated and experienced car accident lawyer can fight for the insurance settlement or jury award you deserve.
At McMinn, Logan & Gray PLLC, we help Winston-Salem and North Carolina accident victims work through their personal injury claims so they can focus on recovery. Contact us today for a FREE case evaluation today.
Common Causes of Car Accidents in Winston-Salem
Many factors can lead to auto accidents in Forsyth County.
- Distracted driving: Texting, eating, or fiddling with the radio takes a driver’s attention off the road, increasing the risk of a crash.
- Speeding: Excessive speed reduces a driver’s reaction time and makes accidents more severe.
- Driving under the influence: Alcohol and drugs impair judgment, coordination, and reflexes, making impaired drivers a danger to everyone on the road.
- Reckless driving: Aggressive lane changes, tailgating, and running red lights put everyone at risk.
- Poor road conditions: Potholes, debris, and inadequate signage can catch drivers off guard and lead to accidents.
Even the most careful drivers can fall victim to the negligence of others. The personal injury attorneys at McMinn, Logan & Gray PLLC can get you the compensation you deserve.
Injuries Commonly Sustained in Winston-Salem Car Wrecks
Car crashes also cause a wide range of injuries, from minor scrapes and bruises to life-altering conditions.
- Whiplash and neck injuries: Harm caused by the rapid back-and-forth motion of the head during a collision. Symptoms may include neck pain, stiffness, headaches, and dizziness.
- Traumatic brain injuries (TBI): Occurs when a sudden jolt or blow to the head disrupts normal brain function. Symptoms can range from mild concussion to severe cognitive impairment.
- Spinal cord damage: Car accident force to the spinal cord, causing bruising, partial tears, or complete severance, resulting in pain, weakness, and even paralysis.
- Broken bones and fractures: Crash impacts that force bones to break or fracture, requiring extensive medical treatment and rehabilitation.
- Internal organ damage: Blunt force trauma causes internal bleeding and damage to organs such as the liver, spleen, and kidneys.
- Psychological trauma: Emotional tolls from a motor vehicle accident can be just as devastating as physical injuries, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).
The law offers Winston-Salem car wreck victims legal remedies to cover their medical expenses, lost wages, pain and suffering, and other damages.
McMinn, Logan & Gray PLLC can help you file your injury claim, build a strong case, and fight for the maximum settlement you deserve.
Proving Fault in a Winston-Salem Car Accident Case
To recover compensation in a car accident claim, you must assign liability to the at-fault driver. In legal terms, this burden means proving the other driver was negligent.
What is negligence in tort law?
Negligence occurs when a person fails to exercise the level of care that a reasonable person would under similar circumstances, and this failure causes harm to another.
To prove negligence in a Winston-Salem car accident case, you must demonstrate four key elements:
- Duty of care: All drivers have a legal obligation to operate their vehicles safely and follow traffic laws to avoid causing harm to others on the road.
- Breach of duty: The at-fault driver must have breached the duty of care owed by acting carelessly under similar circumstances. Examples include speeding, running a red light, or driving while distracted.
- Causation: You must show that the other driver’s breach of duty directly caused your injuries. In other words, you would not have been hurt if not for the other driver’s negligent actions.
- Damages: You must have suffered actual damages, such as physical injuries, medical expenses, lost wages, or property damage due to the accident.
Gathering Evidence to Prove Negligence
To establish negligence and build a strong case, McMinn, Logan & Gray PLLC will discover several types of evidence, such as:
- Police reports: Provide an official account of the accident, including the officer’s observations and any citations issued to the other driver.
- Witness statements: Testimony from eyewitnesses can help corroborate your version of events and provide valuable insight into the other driver’s actions.
- Photos and videos: Visual evidence of the accident scene, vehicle damage, and injuries can help illustrate the severity of the crash and support your claim.
- Medical records: Documentation of your injuries, treatment, and ongoing care can demonstrate the extent of your damages and link them to the accident.
- Expert testimony: Sometimes, your personal injury attorney may call accident reconstruction specialists or medical experts to provide professional opinions on the cause of the accident or the nature of your injuries.
With this strong evidence of negligence in hand, your skilled Winston-Salem car accident lawyer can build a compelling case on your behalf.
North Carolina’s Contributory Negligence Law
Under Smith v. Fiber Controls Corp. (1980), North Carolina follows pure contributory negligence rules. If the courts or insurance companies find you contributing to the car accident in any way, it can bar you from recovering any compensation.
Strategies for assigning 100% liability
- Consult with accident reconstruction experts.
- Interview witnesses and gather testimony.
- Review video recordings of the incident when available.
This strict law makes it all the more necessary to have McMinn, Logan & Gray PLLC on your side to thoroughly investigate the crash and prove the other driver was 100% at fault.
Seeking Compensation for Your Injuries
The law compels at-fault drivers to reimburse you for accident losses, including:
- Medical expenses, including future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Punitive damages in cases of gross negligence
The compensation you recover depends on factors such as the severity of your injuries, the degree of fault of the other driver, and the available insurance coverage.
Dealing with Insurance Companies After a Car Accident
Insurance adjusters may seem friendly after filing a claim, but their aim is to minimize the settlement they pay you.
Be careful, and do not give recorded statements to insurers or accept their lowball settlement offers. Remember, the law does not obligate you to speak to an adjuster during the claims process.
So, it’s best to consult McMinn, Logan & Gray PLLC before giving any statements or accepting offers that can hurt you in the long run.
Understanding the Statute of Limitations and Why Fast Action Is Necessary
North Carolina has a statute of limitations for filing car accident clients. You generally have three years from the accident date to bring legal action against an at-fault driver.
If you miss this deadline, the courts and insurers may bar you from recovering any compensation, no matter how strong your case may be, leaving you the burden to pay medical expenses, lost wages, and other losses on your own.
Timely claim filings
Three years may seem like a lot. However, building a strong car accident case and assigning liability takes time.
McMinn, Logan & Gray PLLC need time to investigate the crash evidence, review medical records, assess your damages, and negotiate with insurance companies.
Lost evidence
Finally, you may lose access to valuable evidence, witnesses may forget important details, and your case may become more difficult to prove if you wait too long to get started.
McMinn, Logan & Gray PLLC know how important it is to act quickly after a car accident. Our experienced injury lawyers ensure that you file your claim before court deadlines expire.
How Our Winston-Salem Car Accident Attorneys Help
Our Winston-Salem personal injury law firm offers North Carolina car accident victims the following legal services.
- Thorough crash investigation and expert evidence discovery to build a strong case
- Identification of all liable parties and sources of compensation
- Complete assessment of your damages, including future medical needs
- Skillful negotiations with insurance companies to get you the best possible settlement
- Zealous representation in court, when necessary, to fight for the award you deserve
Don’t face car accident consequences alone
If someone hurt you in a car crash, get the legal help you need TODAY.
Contact us for a FREE case review, and let McMinn, Logan & Gray, PLLC put our experience and dedication to work for you.
Together, we can help you get your life back on track.