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With several major interstate highways in and around Greensboro and a population now exceeding a quarter of a million residents, car accidents are a common occurrence in Guilford County. Texting and driving has become a major source of car accidents both throughout the region and in North Carolina as a whole, with about one in four crashes now blamed on distracted driving. Speeding, driving under the influence, and failing to yield the right of way are also common causes of automobile crashes. Regardless of the cause, a person injured by a careless or reckless driver should talk to an experienced Greensboro car accident lawyer about the legal procedures required to hold an at-fault driver responsible for damages suffered from the accident.
Talking to an attorney about your case does not necessarily mean that your case will go to trial in front of a jury. Even when attorneys are involved, most car accident cases (and most other personal injury cases) still settle out of court. However, the settlement value of a case can be drastically different with or without an attorney, due to the evidence that the plaintiff would be able to present if the case were tried. The defendant’s insurance company knows that unless a plaintiff’s injuries are properly documented – and unless they have solid evidence showing that the defendant was at fault – a jury would be unlikely to award substantial damages. Insurance companies hope that injured people decide to “fend for themselves,” wait around until just before the statute of limitations runs out, and then are forced to take a low-ball offer to resolve the case. Insurers play this game all the time, so you need to be prepared to counter them by consulting a car accident attorney in the Greensboro area.
Regardless of how obvious fault seems in a given accident, the plaintiff always has the burden of proving liability by a preponderance of the evidence. This may be done through the testimony of eyewitnesses, expert opinions, physical evidence, and other sources. Unless a prompt, plaintiff-minded investigation is undertaken, it can be difficult for an injured person to be successful in an endeavor to secure fair compensation for past and future medical costs, lost wages, loss of future earning capacity, pain and suffering, and related damages, or for the family of a person killed in a Greensboro car accident to prove a case of wrongful death.
Car accident cases are considered “negligence” actions, which require proof of four distinct elements: duty, breach of duty, causation, and damages. As a complication, North Carolina is a contributory negligence state, so it is possible for a plaintiff to prove that the opposing party was negligent and yet still lose their case. This is because recovery is barred when the plaintiff (or a wrongful death claimant’s relative) was even marginally at fault in causing a crash. This creates a huge incentive for negligent drivers’ insurance companies to accuse the injured person of being at fault, at least in some minor way.
If you or a loved one has been involved in a serious or fatal motor vehicle collision, you need to talk to an injury attorney who can help you get started on your case as soon as possible. There can be many deadlines in a given case that, if they are not met, can cause your case to be dismissed. The Greensboro car accident attorneys at Maurer Law will be glad to schedule a free consultation regarding your case. Call us at 888-258-1087 or contact us online to set up your appointment. We do not require upfront legal fees because we know that a car accident can be devastating for a family, not only physically and emotionally but also financially. Instead, we take our fee from the settlement or judgment when the case is over. If you do not get paid, neither do we.