How Can I File for Damages After Being Injured in a Multi-Vehicle Accident?

Filing for damages for injuries after any accident can be complex, and it’s incredibly complicated when multiple vehicles are involved. Every vehicle accident is unique, and even more so in this situation. The many variables involved in filing claims when multiple parties may be at fault make this an excellent reason to work with an experienced multi-vehicle accident attorney who understands the nuances of the law and the tactics the other parties may use.

Among the complications is determining who was at fault and, if there was more than one person (not uncommon in multi-vehicle accidents), how the blame should be divided among them. That involves compiling a considerable amount of evidence, including police reports, photos and videos (including videos from nearby security cameras), medical records, weather data if it appears weather was a factor (heavy rainfall making streets dangerous, etc.), mechanical failures that may involve the vehicle’s manufacturer, and even expert testimony and accident re-creation when necessary.

There are also times when it’s not clear who the at-fault driver(s) was. In those cases, you may be able to file claims with all the insurance companies representing the drivers involved in the accident. That can be a highly complicated process.

How Is Negligence Proven in North Carolina?

In order to find someone (or multiple people)liable for an accident and resulting injuries or property damage, negligence on their part must be proven. In North Carolina, negligence is a specific legal concept involving five aspects, all of which must be proven for the claim to be successful.

• Duty of care. This means that the person charged with negligence had a responsibility to behave or act in such a way as to provide adequate care to others around them. For drivers, that means driving in accordance with the law and taking caution around other drivers or pedestrians.
• Breach of the duty of care. This means the driver charged did not act on their responsibility. For example, in a multi-vehicle accident, one driver may have been speeding and hit a car driven by someone under the influence (DUI), leading to a chain reaction involving several other cards.
• Causation. This is a vital part of proving negligence. It ties the injuries to the cause of the accident. In the example above, if the first driver hadn’t been speeding and the second driver had been sober, the accident might have been prevented. This can be the most challenging point to prove in a negligence case.
• Prior understanding. The person who violated the breach of duty should reasonably have known their behavior could cause an accident and harm.
• Damages. The breach of the duty of care led to an accident that caused actual physical and financial harm to others.

What Is North Carolina’s Comparative Negligence Law, and How Can it Affect My Personal Injury Case?

In many accidents, especially multi-vehicle accidents, there is often more than one person at fault. The law has to find a way to assign a percentage of blame so damages can be calculated appropriately in a process known as comparative negligence. In the U.S., each state works with one of the following types of comparative negligence.

• Pure comparative negligence finds that if the injured person is even 99% at fault, they can still receive 1% of any damages awarded to them. For example, if they’re found 70% at fault for the accident and are awarded $10,000, they’d receive only $3,000 instead—$10,000 minus 70%.
• Modified comparative negligence. This finds that if the injured person is about half at fault (the precise percentage varies by state) for the accident, they’re ineligible to apply for damages.
• Contributory negligence. This finds that if the injured person is even 1% at fault for the accident, they’re ineligible to apply for damages.

North Carolina is a contributory negligence state. That means the liable party is going to work hard to have at least some blame assigned to the victim in order to avoid paying damages. That’s why it’s imperative to work with an experienced attorney when pursuing damages.

What Is the Statute of Limitations for Filing For Damages in Multi-Vehicle Accidents?

In most personal injury cases in North Carolina, the victim must file for damages within three years of the date of the accident. If the claims aren’t filed by then, they’ll most likely be dismissed by the court.

What Should I Do if I Was Injured in a Multi-Vehicle Accident?

Call Kreider Attorneys at Law as soon as possible at 336-770-2017 to schedule a consultation.
This was no doubt a stressful, even traumatic, event for you. Our team of experienced, knowledgeable multi-vehicle accident attorneys understands what’s at stake and what challenges may be present when pursuing damages for your injuries. We can review the specifics of your case and help determine what might be the right approach to achieve the best possible outcomes.

Something we’d ask you not to do: Communicate with anyone else involved in the accident or their representatives, whether a lawyer or insurance agent. Because of North Carolina’s contributory negligence laws, they’ll likely try to get you to say something that indicates you were at least partly at fault, or they may urge you to sign a settlement that is nowhere near the amount you might otherwise be awarded. Don’t respond to any communication. Forward it to your attorney instead.