Car Accident Lawyer in Outer Banks

Car accidents can disrupt your life in an instant, leaving you with injuries, medical expenses, and emotional stress. If you’ve been injured in a car accident in the Outer Banks, the car accident lawyers at Ward and Smith are ready to help. Our experienced legal team will fight to secure the compensation you deserve for your injuries and other losses. Call (919) 827-8475 today and let us provide the support you need.

What Happens If You’re Injured by a Distracted Driver?

Car accidents can be overwhelming, especially when another driver’s lack of attention is to blame. Distracted driving is a growing problem on North Carolina roads, including in the Outer Banks and surrounding areas. Whether a driver is texting, adjusting a GPS, or simply not watching the road, their inattention can cause serious harm. If you’ve been injured because someone else wasn’t focused behind the wheel, it’s important to understand your rights and what steps you need to take.

Recognizing the Impact of Distracted Driving

Distracted driving refers to any activity that diverts a driver’s attention from the road. This can include texting, eating, talking on the phone, or using in-car entertainment systems. While some distractions may last only a few seconds, that is enough time for a crash to occur.

In many cases, these accidents result in injuries that range from mild to life changing. Whiplash, broken bones, spinal injuries, and concussions are just a few examples of the physical toll a distracted driving crash can cause. In more serious cases, the impact may lead to permanent disability, long-term medical care, or death.

What to Do Immediately After the Accident

If you’re injured in a crash caused by a distracted driver, what you do in the first few minutes and hours matters.

Call 911: Always report the accident to the police. The responding officer will document the scene and create a report, which can later support your claim.
Seek medical attention: Even if your injuries seem minor, it’s important to be evaluated by a doctor. Some injuries may not show symptoms right away but could worsen over time.
Take photos: If you’re able, take pictures of the vehicles, the road, and any visible injuries. These images can serve as evidence when you file a claim.
Get contact information: Collect details from the other driver, including their name, insurance information, and license plate number. If there are witnesses, ask for their contact information too.
Avoid discussing fault: Do not admit blame or speculate about what happened. Keep your communication factual and brief.

Understanding Liability in Distracted Driving Accidents

In North Carolina, the driver who caused the accident is generally held responsible for the resulting damages. To hold a distracted driver accountable, you’ll need to demonstrate the following:

The driver owed you a duty to drive safely.
The driver breached that duty by driving while distracted.
That distraction directly caused the crash and your injuries.
You suffered damages as a result.

Proving distraction can be challenging, but there are ways to uncover the truth. Cell phone records, eyewitness testimony, vehicle data downloads, and even traffic camera footage may be used as evidence.

It’s also important to know that North Carolina follows the rule of contributory negligence. Under this law, if you are found to be even slightly at fault for the accident, you may be barred from recovering any compensation. Because of this strict standard, having solid evidence to show the other driver was fully at fault is critical.

Filing an Insurance Claim

After the accident, you’ll likely be dealing with the other driver’s insurance company. This process can be complicated, and insurance adjusters are trained to minimize payouts.

Notify your insurer: Let your own insurance company know about the crash as soon as possible, even if you weren’t at fault.
Get medical records: Keep documentation of your treatment and any diagnoses you receive. This information helps demonstrate the seriousness of your injuries.
Track expenses: Record any costs you incur, including medical bills, lost wages, and travel to appointments.
Don’t accept the first offer: Insurance companies may offer quick settlements to avoid larger payouts. Before accepting, consider speaking with a personal injury attorney who can assess whether the offer is fair.

Seeking Compensation for Your Losses

If you’ve been injured by a distracted driver, you may be entitled to compensation for a variety of damages:

Medical expenses: This includes hospital visits, surgeries, physical therapy, and future medical care.
Lost income: If your injury kept you from working, you can pursue compensation for the wages you lost. You may also be entitled to compensation for any impaired earning capacity you suffer because of an accident.
Pain and suffering: Physical pain and emotional distress are harder to measure but are a very important aspect of your claim.
Property damage: This includes the cost to repair or replace your vehicle and any belongings damaged in the crash.

In some cases, if the driver’s behavior was especially reckless—such as driving under the influence of alcohol—you may also be able to pursue punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

How a Lawyer Can Help

Handling a personal injury claim on your own is never easy, especially when you’re recovering from an accident. An experienced car accident attorney can investigate the crash, gather evidence, and negotiate with insurance companies on your behalf.

A lawyer can also help build a strong case to show that the other driver was distracted or otherwise at-fault in an accident. They may be able to obtain phone records, review surveillance footage, or interview witnesses to support your claim.

Because of North Carolina’s strict contributory negligence laws, having an attorney can also help ensure you don’t unknowingly harm your case. One wrong statement or piece of misinterpreted evidence could lead to a denial of compensation. Legal guidance can make a big difference in the outcome of your claim.

When to Act

It’s important not to wait too long to take action after a distracted driving accident. North Carolina law sets a three-year statute of limitations for personal injury claims. That means you have three years from the date of the accident to file a lawsuit. In wrongful death cases (where the victim has died because of the accident), the statute of limitations is only two years. If you miss the deadline, you could lose your right to seek compensation.

Acting quickly also makes it easier to gather reliable evidence while it’s still fresh. Witnesses may forget details over time, and video footage can be lost or deleted if not requested promptly.

Turn to a Trusted Car Accident Attorney

If you’ve been injured in a car accident in the Outer Banks, having an experienced legal team on your side can make all the difference. The car accident attorneys at Ward and Smith are dedicated to helping you recover the compensation you deserve and holding the responsible parties accountable. Contact us at (919) 827-8475 and let us provide the skilled representation you need to move forward.