Call : 704-594-4317
Call : 704-594-4317
Though many of us drive or ride in cars every day, we often disregard just how dangerous these vehicles can be. The safety features may be better than they used to be, but despite our valiant efforts, car accidents still happen every day. Some of these accidents are minor, causing little to no damage or injuries. Others, however, result in severe pain and even death. A Charlotte car accident lawyer can be a valuable resource.
The latter is more common than you may think, with 33,244 fatal accidents in the U.S. in 2019 alone. If you or a loved one has been affected, seeking guidance from a Charlotte Car Accident Lawyer can help you understand your legal options and pursue the compensation you deserve.
This information is often shocking and almost always disheartening. After all, many people don’t have viable alternatives to driving and must face this danger every day. Though we can try to drive carefully and avoid accidents, they can still happen. Fortunately, we can take solace in knowing that we can take legal action if we are injured during a car accident with the help of an experienced Charlotte car accident attorney.
Personal injury laws encompass car accidents. This means that you can seek compensation if you have been injured in an accident that wasn’t your fault. With a personal injury attorney by your side, you can help to hold the guilty party responsible. These cases simply ask that the person responsible pay for the medical bills and damages associated with their actions, rather than making the victim pay when they haven’t done anything wrong.
Many times, a personal injury settlement following a car crash can be the difference between fully recovering and facing medical bills for years to come. With the right car accident attorney at your side, you can focus on rest and recuperation and remain confident in your family’s finances.
When you have been in an accident, you are in a vulnerable place. Collisions are traumatic and can have severe consequences for your physical and mental health. While you build your case, you also need to heal your mind and body from what has happened. Because of this, you need an attorney who is sympathetic to your situation and knows how to navigate the vulnerability and pain that follows a car accident.
Here at Ayers, Ayers and Dressler, we assign you an experienced car accident lawyer because we are deeply passionate about the safety and well-being of our clients. We know how traumatic an accident can be, and we make it our mission to be here for you in the aftermath.
For years, we have been defending our clients against predatory insurance companies and making sure they receive the compensation they deserve after an accident.
Though you likely understand what it means to get into an accident, the legal portion of an accident is foreign to many people. Automobile accident cases are created when a collision is the fault of a single driver. The other driver may sustain injuries and damage to their vehicle as a result of the collision.
To be held financially responsible for the accident when you had nothing to do with the cause of the accident is unjust. These cases help to see that the right person is held financially responsible.
For a car accident to be a personal injury case, there needs to have been injuries, and one party needs to have been acting either maliciously or negligently.
Examples of negligence while driving include:
Each of these things is against the law. When we get our licenses, we agree to follow certain laws to be allowed to drive on the roads. When we break this agreement, we are neglecting our duty as drivers. When a driver does this and causes an accident, the accident is the result of negligence.
Malice is a bit different when it comes to driving. These cases are rarer but still can cause significant damage.
Examples of malicious actions while driving include:
When you get into an accident, many people wonder why they need an attorney. They believe that, since accidents are so common, they can handle the legal ramifications on their own. Nothing could be further from the truth. Though car accidents are common, the legal process is still very serious. There are many ways that the case can go wrong, and you can lose your settlement.
When you seek a settlement, you are battling against the perpetrator and their insurance company. Both are extremely likely to have an attorney. Though the case may seem obvious to you, their attorney can easily infuse reasonable doubt into the situation and cause you to lose your financial support. One of the most important factors, however, is your health.
When you are healing from the traumatic and serious injuries that are often incurred in these accidents, you need to rest and recover. Building a case for yourself requires significant time and effort, both of which only stand to aggravate your injury. Stress often reverses the healing process, making recovery more difficult. If you lose your case, which is highly likely, you then have the added stress of financial responsibility for your injury.
| Charlotte Fatal Car Accident Statistics | |||||
| 2021 | 2020 | 2019 | 2018 | ||
| Fatal accident count | 100 | 96 | 69 | 88 | |
| Vehicles involved in fatal accidents | 190 | 155 | 106 | 152 | |
| Fatal accidents involving drunk persons | 0 | 38 | 17 | 35 | |
| Fatalities | 109 | 101 | 73 | 97 | |
| Persons involved in fatal accidents | 234 | 214 | 161 | 201 | |
| Pedestrians involved in fatal accidents | 30 | 29 | 29 | 37 | |
| (source: city-data.com) | |||||
Perhaps the most essential service that your Charlotte car accident attorney can provide is protection from insurance companies. This may seem counterintuitive, as most of us have been led to believe that insurance is available to help us. Unfortunately, this is rarely the case.
Insurance companies are businesses first, so they do anything they can to avoid paying for expensive medical bills and damages. They use many predatory tactics to avoid paying.
Often, they reach out to victims very soon after the accident to confirm the extent of injuries. It’s important to note that the full extent of an injury may not become apparent until later. What’s more, the pain may grow worse over time. If they get you to admit that you are doing all right, they might argue that any further claims you try to make were the result of a different event, and they shouldn’t be responsible.
Super Lawyers® Rising Star 2020-2023
National Trial Lawyers Top 40 Under 40
AV Preeminent® Peer Rated
Christian Ayers specializes in Charlotte car accident litigation, securing over $50 million for clients injured in collisions on I-85, Independence Boulevard, and other high-risk areas. His recent successes include a $2.3M settlement for a T-bone crash victim and a $1.8M jury verdict for a pedestrian struck by a distracted driver.
Recognized as a Top 100 Trial Lawyer by the National Trial Lawyers Association, Christian aggressively handles complex cases involving drunk driving accidents, Uber/Lyft collisions, and catastrophic rollover wrecks. A Charlotte native who understands local traffic patterns and insurance tactics, Christian personally investigates every crash scene and works with accident reconstruction experts to prove liability.
Sometimes, they harass you and make you believe that you need to give an immediate statement when, in reality, you do not.
Perhaps the most startling tactic that they use is private investigators. In some cases, they hire a PI to follow victims and confirm that their activities align with their injuries. For example, if you have a back injury and they see you taking out the garbage, they can use that as “proof” that you do not have a back injury, even if that is not true.
When you have an attorney on your side, we interact with the insurance companies on your behalf. We know how to communicate with them in ways that won’t jeopardize your case. We can protect you from harassment and take all communication with insurance companies off your to-do list. Again, these are all illegal maneuvers that can result in injury. If an individual insists on engaging in one of these, they need to be held responsible for the consequences.
One of the most essential parts of an accident claim is proving that one driver, rather than both, is at fault for what happened. Sometimes, the other driver might implicate themselves by apologizing or explaining what went wrong.
If you can document this, fault can be more easily established. However, many people have been warned not to apologize following a car accident precisely so they can’t be blamed. In most cases, your attorney has to establish fault in a different way.
One of the biggest tools at your attorney’s disposal is evidence. In a car accident, this usually means photos of the damage, medical reports, photos of injuries, police reports, traffic signs, and surveillance footage. An attorney can assemble all of these to create a clear picture of what occurred. The hope is that, when the court sees what happened, the at-fault party will be clearly identifiable.
Another key aspect of proving fault is asking for eyewitness statements. Your attorney can conduct interviews with eyewitnesses and may even ask them to testify in court if it’s necessary. These statements help to complete the picture by presenting an unbiased perspective of what happened. While statements from drivers and passengers are likely to be skewed in their own favor, witnesses provide factual, unbiased information.
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There are ways you can help with the evidence process. Depending on your situation following the accident, you may be able to assemble essential information that can help your attorney to build your case. If you can move safely after your accident, follow these steps:
These steps help to both preserve your case and build evidence for your attorney. This evidence can be used later to determine fault.
Please note that if you are severely injured or have signs of serious injuries, do not move until medical help has arrived. Your safety is the top priority.
Negligence and fault are slightly different matters. Though someone’s negligence can put them at fault, fault does not always imply negligence. It is preferable if your attorney can prove both.
Proving negligence is similar to proving fault, but perhaps a bit more specific. Your attorney may use the following to establish negligence:
Negligence can be a bit more difficult to prove, but it can still be done. Proving negligence strengthens your case and increases the likelihood that you might receive a settlement.
Every state has different negligence parameters. Here in North Carolina, the contributory negligence law applies. This means that you cannot have been at all negligent if you want to receive a settlement after an accident.
For example, let’s say that you had a beer at happy hour with some coworkers. Afterward, you drive home. Though you are not over the legal limit to drive, there is still alcohol in your system. You are stopped at a stop sign, and a car rear-ends you, causing whiplash. The other driver argues in court that your BAC was not zero, and the court agrees.
This means that, even though the other person caused the accident, you were not free of negligence because you drove after having alcohol. You won’t receive a settlement if this is the case.
Another example would be this: you are stopped at a stoplight waiting for it to turn green. When it does, you proceed into the intersection. A car coming from your right fails to stop at the red light and hits you, causing you to break your arm and some ribs.
The other driver argues that you did not check both ways before you began driving and, therefore, are not innocent in this situation. If the court agrees that you should have looked both ways before proceeding through the intersection, you are not free of negligence, and you won’t receive a settlement.
There are many ways that victims can be injured in an auto accident. Most of it depends on the specific circumstances and the individual’s stature and genetic makeup. However, because of the nature of car accidents, some injuries are more common than others. These include:
Each of these conditions can be serious and warrants prompt, thorough medical attention. Be aware that symptoms don’t always appear immediately. Pay close attention to your body in the days and weeks following your accident.
There is also likely damage to your car. Of course, the damage depends on the details. In some cases, an accident can cause serious damage to the driver or passengers and minimal damage to the cars. In other cases, both the car and the passengers are severely hurt.
A mechanic should inspect your car after the accident. They may be able to fix your car, or it may be totaled. In the case of the latter, your insurance company should pay you the price of your car. If they won’t, or if they try to avoid payments, your attorney can help you advocate for what you deserve.
Different attorneys might approach your case in different ways. It is important to find one that you feel confident about. Your attorney should be well-versed in car accident cases and should have a strong history of securing fair outcomes for their clients. Past cases are a strong indicator of whether an attorney is the right fit.
It is not sufficient for your attorney to simply have experience in personal injury law. Instead, they must have a history of working on car accident cases specifically. In the world of personal injury law, success does not necessarily translate from one topic to another.
As part of their job, you can expect your attorney to assemble all necessary evidence for your case. Though they may ask you for your own statement or for evidence you collected at the scene, they are in charge of assembling any evidence that you don’t have. You should not have to worry about obtaining video footage, eyewitness statements, police reports, or anything else. Your job is to rest, while your attorney builds your case.
On a more emotional or personal note, there are certain traits that you can expect your car accident attorney in Charlotte to have. Remember, you need to be vulnerable with your attorney to give a complete picture of what happened. It is important that you feel safe to do so. You should expect that your attorney is:
You can also look for an attorney who shares any values that are important to you. Some people also look for an attorney of the same gender, as it makes them feel safe. No matter what, you should expect to feel comfortable around your lawyer.
Finally, you should expect clear communication from your attorney. Sometimes, there are roadblocks or pauses in cases while the court determines scheduling or processes paperwork. Your attorney should still be communicating with you during this time. You should never feel in the dark about your case.
You should also know how to expect communication. Some attorneys prefer to call or meet in person, while others may send updates via email. Feel free to ask your attorney during your consultation how they plan to communicate.
Sometimes, car accident cases go to court. Litigation is the most commonly understood method of settling cases, as it is the topic of many books and tv shows. However, in reality, there is another way to settle your case. Settlement is a wonderful resource for cases that are fairly straightforward.
If your opponent sees that they might lose their argument, they may decide to strike a deal outside of court. Your lawyer and the opposing lawyer then work to come to a settlement compromise.
In some cases, settlements are slightly less than you originally asked for. This is part of the compromise. If this is the case, be reassured that litigation is expensive. Any money you sacrifice for a settlement is more than worth it to avoid court. However, sometimes the settlement amount is equal to what you would get in litigation.
It’s important to understand that, although a settlement is a valuable option, it’s not ideal in every case. If your attorney believes you can secure a larger sum via litigation, then they may refuse to settle outside of court. Do not avoid litigation simply because it costs money. In some situations, it is well worth the additional time and effort.
The moments following a collision are chaotic and stressful. However, the steps you take immediately after a crash can significantly affect both your health and your car accident case. To protect yourself physically, legally, and financially, you need to:
The more documentation you collect, the stronger your position is when working with a Charlotte car accident attorney.
The length of time you have to file a car accident claim in North Carolina is governed by the personal injury statute of limitations. This means you generally have three years from the date of the accident to file a claim. This statute of limitations is strictly enforced, and if you miss the deadline, you could permanently lose your right to pursue compensation.
If the other driver doesn’t have insurance, it might still be possible to recover compensation through your own uninsured motorist insurance policy. North Carolina’s car accident laws allow victims to pursue claims even in these situations, but the process can be complicated. A Charlotte car accident attorney can help you with your claim.
The amount of time it takes to resolve a car accident case in Charlotte can vary widely depending on factors like how complicated the crash is, how severe your injuries are, and how willing your insurance company is to negotiate. Simple claims could take as little as a couple of months to resolve, while more serious cases could take a year or more.
Yes, you still need a lawyer for a minor accident, as even seemingly minor accidents can lead to unexpected medical issues or disputed liability. Insurance companies often try to settle quickly for less than a claim might be worth, so consulting with a Charlotte accident attorney makes certain that your rights are being protected.
If you or a loved one has been the victim of negligent or malicious driving, it’s important to hire a car accident attorney who is dedicated to being by your side. Our team consistently secures fair judgments, and we are ready and eager to help you.
We strongly believe that you should not have to suffer financially after already suffering physically at the hands of another person. We advocate diligently to see that you receive what is owed to you and have the support you need to heal properly.
Though we’re knowledgeable about car accident cases, we practice all kinds of personal injury law. Whether you have been hurt in a car, at work, at the hands of a medical professional, by a dog, or in any other scenario, we are here to provide professional, honest legal advice. If you need legal representation or are ready to schedule a consultation, please contact us via our website.
“Every one was very helpful and great to work with. No matter what questions I had Mr Ayers was always kind and prompt in responding. Since I had never been in this type of situation I was lost and confused, he made sure I understood everything. “
“I have to say that John Ayers is an outstanding man and lawyer who sticks to his word. He and his team have done everything in their power to make sure my case was handled correctly and helped get me the best settlement possible. “
“We feel incredibly blessed to have Christian help us navigate and win my appeal! Christian from start to finish exceeded our expectations. He is the reason that my denial decision was overturned and I was able to receive my full settlement.”
No one should have to worry about their financial security after a lifetime of contributing to Social
Security because of a disabling injury or condition.
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