What should I do after being involved in a motor vehicle accident? — Durham, NC
Short Answer
Protect everyone’s safety, report the accident when required, exchange information, document the scene, notify your insurer, and preserve records connected to the crash. If you believe you need medical attention, seek it and follow your medical providers’ instructions. Because North Carolina’s contributory negligence rule and filing deadlines can significantly affect a claim, avoid guessing about fault or assuming that an insurance claim protects your legal rights.
What to Do at the Accident Scene
If you are still at the scene, move away from immediate hazards when you can do so safely. Call 911 if someone may be injured or emergency help is needed. Do not attempt to provide medical care beyond your abilities.
North Carolina law imposes duties on drivers after certain crashes. N.C. Gen. Stat. § 20-166 generally requires a driver to stop, provide identifying and vehicle information, and offer reasonable assistance to an injured person, including calling for medical help when it is requested or apparently necessary.
When conditions allow, take these practical steps:
- Exchange names, addresses, telephone numbers, driver’s license information, license plate numbers, and insurance details.
- Photograph the vehicles, visible damage, license plates, debris, skid marks, traffic controls, lane markings, and the broader scene.
- Record the date, time, location, weather, lighting, and traffic conditions.
- Get contact information from witnesses. Do not rely only on a promise that someone will contact you later.
- Note whether a vehicle displayed a business name, government marking, or commercial carrier information.
- Avoid arguing about fault or making statements based on assumptions.
If a vehicle can be moved safely and an officer instructs you to move it, follow that direction. If possible, photograph its position and the surrounding scene first without putting yourself or others in danger.
Make Sure the Crash Is Properly Reported
A driver involved in a reportable accident must notify the appropriate law enforcement agency by the quickest available means under N.C. Gen. Stat. § 20-166.1. Within a city or town, that is generally the local police department. Outside a city or town, it may be the State Highway Patrol, sheriff’s office, or another qualified local agency.
Ask how to obtain the law enforcement crash report and write down the report number. A report can provide useful information about the drivers, vehicles, insurance, witnesses, and conditions. It is still important to preserve your own photographs and notes because the report may not capture every relevant fact.
Address Injuries and Create an Accurate Record
Some people know immediately that they are hurt, while others recognize symptoms later. If you believe you need medical attention, seek it. Describe your symptoms accurately, follow your providers’ instructions, and avoid exaggerating or minimizing what you are experiencing.
Keep copies of:
- Visit summaries, medical records, bills, and receipts.
- Written work restrictions and records of missed work.
- Prescription and out-of-pocket expense receipts.
- Health insurance explanations of benefits.
- Notes showing when symptoms began and how they affected ordinary activities.
Medical documentation can help establish whether an injury is connected to the accident, what care was provided, and how the injury affected your life. Gaps or inaccuracies in the record may lead to disputes, so keep information organized as the claim develops.
Notify Insurance Companies Carefully
Notify your own automobile insurer promptly and follow applicable notice requirements. Save the claim number, adjuster’s contact information, declarations page, correspondence, repair estimates, photographs, and any written coverage or claim decisions.
An adjuster may ask for a recorded statement, medical authorization, repair release, or settlement paperwork. You can ask what is being requested and why. Read documents carefully before signing because a broad authorization or release may have consequences beyond vehicle repairs.
Do not assume that the other driver’s insurer represents your interests. Avoid speculation about speed, distance, injuries, distraction, or fault. If you do not know an answer, it is better to say so than to guess.
Preserve Evidence Before It Disappears
Evidence can be lost quickly after a Durham motor vehicle accident. Vehicles may be repaired or sold, video may be overwritten, and witnesses may become difficult to locate. Preserve the original files rather than keeping only screenshots or compressed copies.
Potentially useful evidence includes:
- Scene, vehicle, and injury photographs.
- Dash-camera, doorbell, business surveillance, or traffic-related video.
- Text messages, call logs, and insurance communications.
- Towing, storage, rental car, and repair documents.
- The damaged vehicle and any parts that may need inspection.
- Witness names and contact information.
- Employment and income records if work was missed.
The identity of the driver is not always the end of the investigation. Depending on the facts, vehicle ownership, employment, commercial use, or another person’s responsibility for the vehicle may also matter. Photographs of plates, company markings, and registration information can help clarify those issues.
Why Fault Matters So Much in North Carolina
North Carolina permits contributory negligence as a defense. If the defense proves that an injured person’s own negligence was a proximate cause of the collision or injury, the rule can create serious problems for the claim. The party raising that defense generally carries the burden of proving it.
For that reason, evidence should show both what the other driver did wrong and why you acted reasonably. Relevant facts may include traffic signals, right of way, speed, visibility, braking, lane position, distraction, and statements made at the scene. An officer’s initial view or an insurer’s fault decision does not necessarily resolve every legal issue.
Do Not Lose Track of the Filing Deadline
N.C. Gen. Stat. § 1-52 provides a three-year period for many claims involving personal injury or physical damage to property, although different deadlines and procedures can apply in some situations. Claims involving death, government vehicles, minors, or other unusual circumstances require separate review.
Opening an insurance claim, exchanging settlement proposals, or continuing discussions with an adjuster does not automatically extend the deadline for filing a lawsuit. Waiting can also make evidence harder to obtain even when the filing period has not expired.
How This Applies to the Information Provided
The available information establishes only that an individual was involved in a motor vehicle accident and wants to speak with an attorney. Without details about injuries, fault, insurance, treatment, or property damage, it is not possible to evaluate liability, coverage, damages, or deadlines.
A useful next step is to prepare a short timeline and gather the crash report, photographs, insurance information, medical documents, repair records, witness details, and communications with adjusters. Also identify who owned each vehicle, whether anyone was driving for work, and whether video may exist. These details can help an attorney assess what investigation may still be needed.
When Wallace Pierce Law May Be Able to Help
Wallace Pierce Law may be able to review how the accident occurred, identify information needed to assess fault, examine available insurance documents, and help preserve relevant evidence. The firm may also assist with organizing medical and expense records, communicating about the injury claim, evaluating contributory negligence concerns, and monitoring applicable deadlines.
An attorney’s review can be particularly useful when fault is disputed, injuries are developing, multiple vehicles were involved, a commercial or government vehicle may be connected to the crash, or an insurer requests a detailed statement or release. The available facts and law determine what options may exist; no particular outcome can be promised.
Talk to a Personal Injury Attorney in Durham
If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.
Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.