One of the dangers of driving in Raleigh happens when another motorist does not yield the right of way. As a result, they collide with your car or cause you to make a driving error. Depending on the severity of the crash, you could end up with costly injuries and damage to your vehicle.
If you or a family member have just gotten into this type of accident, Ben Crump Law, PLLC can help you seek compensation. The team can send a Raleigh failure to yield accident lawyer to guide you through your legal issues. Call (800)-598-7557 today if you have any questions.
Determining Liability in Failure to Yield Accidents
The motorist who did not give you the right of way is typically the one at fault in this accident. However, there could also be other parties involved. For example, there could have been a reckless driver that forced the other one not to yield in an intersection or a pedestrian crossing. They would then also become liable for any injuries and property damage resulting from the crash.
A Raleigh failure to yield accident lawyer can help you look into the accident and search for other possible liable parties. They keep themselves updated on local laws and can check if the other driver violated Raleigh or the state’s traffic regulations, which can serve as proof of their negligence in your case.
For a free legal consultation with a failure to yield accidents lawyer serving Raleigh, call 800-598-7557
Availing Liability Insurance Claims
Drivers in North Carolina must comply with the state’s auto insurance requirements under North Carolina General Statutes (NCGS) §20-279.21, which discusses carrying vehicle liability coverage and uninsured/underinsured motorist or UM and UIM insurance. The minimum insurance they need is $30,000 for one person’s injury, $60,000 for multiple victims, and $25,000 to cover property damage. You can file a third-party claim with their auto insurance provider to help get your accident-related costs covered, such as medications, hospitalizations, and car repairs.
If you have to deal with a driver who has no insurance or inadequate coverage, you can use your UM or UIM insurance to help pay for the accumulated costs. They will also cover for you if the other driver flees from the accident, essentially committing a hit-and-run.
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A Lawsuit Is Also an Option
You can also file an accident lawsuit against the liable motorist if you do not get a favorable settlement with your insurance claim. North Carolina’s civil courts will preside over your case and determine the amount you should receive after reviewing your evidence.
A civil case can take longer to reach a verdict than a claim since the court proceedings take several sessions. They can also cost more in fees; however, it is sometimes necessary for seeking fair compensation.
If you need a Raleigh failure to yield accident lawyer to assist with your case, you can call the office of Ben Crump Law, PLLC, at (800)-598-7557. The attorney can negotiate with the other party’s insurance provider. If you take the case to court, they can help you present your case to the jury and judge.
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Damages in Your Failure to Yield Case
The court can award you with compensatory damages if you win the trial. They will order the liable motorist to reimburse you for your actual costs, including medical treatments, lost wages, and car repairs. The driver may also have to pay you non-economic damages, such as disabilities, emotional trauma, and pain and suffering.
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North Carolina Still Uses Contributory Negligence
North Carolina is one of the few US states that still follow the contributory negligence rule, under NCGS §1-139. This fault system prevents you from recovering anything if the court finds you even just one percent liable for the crash. This is unlike comparative negligence systems, where you can still recover damages if you share some of the liability.
The state’s fault rule makes it even more important that you gather as much proof as possible to avoid becoming partly liable at all. A Raleigh failure to yield accident lawyer can help you search for other evidence you might have missed, such as eyewitness reports and dashcam footage.
Statute of Limitations for North Carolina Accidents
The statute of limitations is a critical requirement that you need to comply with for your failure to yield accident cases. It details the amount of time you have for filing your lawsuit here in North Carolina. Your time limit depends on the circumstances surrounding the accident. If you suffered injuries, property damage, or both, you have three years. But if the crash killed a loved one, you only have up to two years to sue for them. The court will dismiss cases that miss their due date.
The state might make exceptions and move your deadline to a later date if certain situations arise. One such instance is if the driver went into hiding to escape any criminal charges or civil cases resulting from the accident. The statute clock may only resume counting once they come out again.
The auto accident attorney can help you compute your time allowance, especially if you have problems with the tolling exceptions. They can also help pass your case on time by working on it even when you cannot.
Fight for Your Right to Compensation
Car accidents caused by drivers that did not give the right of way are not only potentially deadly but could cripple your finances, as well. Fortunately, you can still seek restitution for you and your family here in Raleigh, North Carolina. Ben Crump Law, PLLC has Raleigh failure to yield accident lawyers who can counsel you and speak on your behalf in court. Our legal team does not charge any fees until you win.
Besides auto accidents, we also handle wrongful incarceration, class actions, security litigation, and other kinds of civil cases. For inquiries, you may call (800)-598-7557 anytime.
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