Charlotte Road Defect Accident Lawyer

Charlotte Road Defect Accident Attorney

Many of the accidents in Charlotte are caused by driver negligence, such as speeding on I-77, distracted driving around Charlotte-Douglas International Airport, or moving violations like running stop signs and red lights. However, some accidents result from road defects, and this means that the North Carolina Department of Transportation (NCDOT) or the City of Charlotte could be liable. You will need a Charlotte road defect accident lawyer for this type of case. 

Experienced Legal Counsel for Road Defect Accidents in Charlotte, NC 

The attorneys at Ayers, Ayers & Dressler have extensive experience handling difficult car accident cases throughout the Charlotte area. The aftermath of any accident can be confusing and traumatic, and fault may not be immediately clear in your case. If another driver did not cause your accident but you believe it resulted from a government entity’s negligence, this is a very different type of case than filing a civil suit against another private party. 

According to NCDOT data from 2024, there were 284,546 crashes in North Carolina that year, resulting in 113,602 injuries and 1,732 deaths. Every year in North Carolina, vehicle accidents are a leading cause of accidental injuries and deaths, and most injured victims must prove liability before they can recover any compensation. However, claiming compensation from a government entity is especially challenging and subject to special rules. 

Our firm will carefully review the details of your accident and gather the evidence you need to prove exactly how it happened. If you cannot point to a specific party as having caused your accident through negligence, then you will need a Charlotte road defect accident attorney to gather proof that NCDOT or another government entity is responsible for your damages. We are confident we can help you reach a favorable conclusion to your case.

Understanding Road Defect Claims in Charlotte

Your Charlotte road defect accident lawyer can determine which government entity is responsible for the road defect that caused your recent accident. To build this type of case, you must prove that your accident was the result of a known safety hazard that the responsible entity was aware of but failed to address in a reasonable timeframe. You must then show that this defect was the direct cause of your claimed damages. 

Some of the most commonly cited examples of road defects that can lead to these claims include: 

• Obstructed or missing road signs and traffic lights: The government has a responsibility to ensure that all traffic signs and signals are visible to drivers. If anything obstructs the view of these features, it must be cleared as soon as possible after the appropriate agency receives a report.
  
• Improperly graded roadsides and inadequate shoulders: These issues can be extremely dangerous if a driver must leave the lane to avoid a hazard in the road.
  
• Defective traffic signals: When traffic signals malfunction, this can easily result in serious accidents. The appropriate agency must respond immediately to any report that one of their traffic signals is not working correctly.
  
• Deep potholes: Potholes are more dangerous than many drivers realize. Unfortunately, NCDOT and other authorities do not always address these hazards in a timely manner. Your attorney may be able to prove that your recent accident was the result of a pothole that was reported some time ago, but the appropriate agency failed to fix it in a timely manner.
  
• Overgrown vegetation near roadways: NCDOT and other government entities are responsible for managing vegetation near roadways to ensure it does not enter the roadway and present a hazard to drivers.
  
• Broken lighting: When lights over the road are broken or malfunction, this can create a visibility hazard for drivers, even when they use their headlights in some situations.
  
• Damaged concrete and exposed rebar: If the concrete near a road surface becomes damaged and/or rebar is exposed, this can be an extremely dangerous hazard that can easily cause a devastating accident.
  
• Roadway debris: NCDOT and other authorities are responsible for clearing debris from the roadway once it has been reported.
  
• Damaged or missing guardrails: Any guardrails that become damaged or fall into disrepair need to be fixed or replaced right away. If a section of guardrail is removed by NCDOT or another agency, they need to replace it immediately; otherwise, this could result in severe damages that could have been prevented. 

Whenever NCDOT, the City of Charlotte, or another government entity is made aware of any type of road defect in their jurisdiction, they are required to take timely action to fix it and prevent harm to drivers. Failure to do so can lead to liability for any resulting damages. 

Filing a Claim for a Road Defect Accident in Charlotte

Filing any type of civil claim for damages against a government entity in Charlotte is very different from filing a civil claim against another private entity. Evidence is crucial in these cases, and some of the evidence you need will not be obtainable for very long. If you are able to do so while waiting for help to arrive, record as much as you can from the scene of your accident, or hire a road defect accident lawyer as soon as possible after receiving medical care. 

Some of the evidence you may need for your case could be lost if you do not act quickly. An experienced Charlotte road defect accident lawyer can send letters for evidence preservation to the appropriate agency after your accident. Once you have proof of liability, your attorney can explain the steps you will need to take to recover compensation for your damages. 

Filing a claim for damages against a government entity is challenging because most of these entities have sovereign immunity, which protects them from most civil claims. However, if you can prove that an NCDOT employee or other government employee’s negligence is directly responsible for your damages, then North Carolina’s Tort Claims Act allows you to pursue a claim, with some limitations.

It is important to remember that if you qualify to file a claim against NCDOT under the Tort Claims Act, the maximum amount of compensation you can receive is $1 million, regardless of the severity of the damages you suffered. Additionally, the Tort Claims Act does not allow a plaintiff to receive punitive damages. 

Claiming Compensation for Your Road Defect Accident in Charlotte

If you can prove that a government agency is directly responsible for the road defect that caused your recent accident, an experienced attorney can help you prove the full extent of the losses you suffered. Much like in other vehicle accident cases, you have the right to seek compensation for the economic and non-economic losses you suffered:

• You can claim compensation for the cost of all medical care you require after the accident. This can include both immediate and future medical expenses if you suffered a serious injury.
  
• You have the right to seek repayment of any income you have been unable to earn while you recovered from your injuries. If your accident caused permanent damage that diminishes your ability to work in the future, you may also have grounds to claim lost earning capacity.
    
• You can claim compensation for the cost of repairing or replacing your vehicle and any personal property lost in the accident.
    
• You can seek compensation for the pain and suffering you experienced. In most personal injury cases, pain and suffering compensation is proportionate to the severity of the plaintiff’s injuries. 

If you have grounds to file a claim under North Carolina’s Tort Claims Act, you must remember there is a hard limit on the total compensation you can receive, regardless of the severity of your damages. Having an experienced Charlotte road defect accident lawyer handling your case significantly improves your chances of securing as much compensation as state law allows for your damages. 

Benefits of Hiring an Experienced Charlotte Road Defect Accident Lawyer

When NCDOT or another government entity’s negligence has resulted in harm to you or a loved one, it can be daunting to imagine pursuing legal action. When you hire a road defect accident lawyer to handle your case, you are leveling the playing field and significantly increasing your chances of success with the claim.

When you choose Ayers, Ayers & Dressler to represent you, you will have a team of legal advocates on your side who have successfully secured millions in compensation for past clients. We will leverage our skills, experience, and professional resources to help you firmly establish liability for your road defect accident, prove the full extent of the damages you suffered, and guide you through the difficult proceedings your case is likely to entail. 

You have a short time to build and file this type of claim. Our team is ready to gather and preserve critical evidence, handle the procedural requirements of your claim, and address any unexpected challenges that arise as the case unfolds. It is important to hire a road defect accident lawyer as soon as possible after the accident, so reach out to Ayers, Ayers & Dressler at your first opportunity to learn how we can help. 

FAQs About Charlotte, NC Road Defect Accident Laws

Can I File an Auto Insurance Claim for a Road Defect Accident in Charlotte? 

Technically, yes, you should be able to file an auto insurance claim for a road defect accident in Charlotte, but whether this would be in your best interest is another question. If you have the appropriate type of coverage, such as collision coverage, then you may be able to claim vehicle repair costs from your own policy, but this will require you to pay a deductible, and you may face an increased rate if your insurer considers this an “at-fault” claim. 

What Evidence Is Required in a Road Defect Accident Claim? 

The evidence required in a road defect accident claim can include photos of the scene of the crash, including photos of the specific defect that caused your accident. You may need proof that a traffic light was malfunctioning, that there was a large pothole that has not been fixed for a long period of time, or that NCDOT failed to address another safety concern that ultimately caused your accident. Your attorney will know what evidence you will need for this case. 

What Happens if I Was Partially at Fault for My Accident in Charlotte? 

If you were partially at fault for your accident in Charlotte, even slightly, this will negate your ability to claim compensation from NCDOT, the City of Charlotte, or any other liable party under North Carolina’s strict contributory negligence law. Under this law, a plaintiff loses their right to claim damages if they bear any partial liability for causing those damages. The contributory negligence law applies to claims against government entities just as it applies to claims against private parties.

How Long Do You Have to File a Road Defect Accident Claim in North Carolina?

In North Carolina, you will typically have three years to file a road defect accident claim with the North Carolina Industrial Commission. If you do not file your claim within this statute of limitations, even if it is just one day late, your claim is permanently barred. Your Charlotte road defect accident attorney can help you meet the filing deadline and preserve your ability to claim compensation for your damages. 

Why Do I Need to Hire a Road Defect Accident Lawyer in Charlotte? 

You need to hire a road defect accident lawyer in Charlotte to have a better chance of success with your case. Even if you think that NCDOT or another government entity is clearly responsible for causing your accident, the reality is that these cases are exceptionally challenging in several ways. You need an experienced attorney to level the playing field and help you secure the compensation you need to recover. 

Contact A Charlotte, NC Road Defect Accident Lawyer Today

The team at Ayers, Ayers & Dressler has years of proven experience handling some of the most difficult vehicle accident cases in Charlotte, including road defect accident cases. We are confident we can help you build a strong case and secure the compensation you need to recover as fully as possible. You have limited time to build your case, so contact us today and schedule a free consultation with a Charlotte road defect accident lawyer.