What should I do after being involved in a motor vehicle accident? — Durham, NC
Short Answer
After a motor vehicle accident, protect everyone’s safety, contact law enforcement when required, exchange information, document the scene, notify your insurer, and preserve records related to injuries and vehicle damage. Under North Carolina law, what you say and do may affect a later claim, especially if fault is disputed. Avoid guessing about fault or injuries, and do not sign a release until you understand what it covers.
What to Do at the Accident Scene
Your first steps should focus on safety and compliance with North Carolina law. If you are still at the scene, move away from immediate hazards when you can do so safely. Contact emergency services if anyone appears injured or requests assistance. Seek medical attention if you believe you need it.
N.C. Gen. Stat. § 20-166 generally requires a driver involved in certain crashes to stop, remain at the scene as required, exchange identifying information, and provide reasonable assistance to an injured person. The statute also addresses when vehicles involved in a non-injury crash should be moved out of a travel lane if they can be driven safely.
When circumstances allow, take these practical steps:
- Contact law enforcement. Give the dispatcher the location, number of vehicles, and whether anyone may be injured.
- Exchange information. Obtain each driver’s name, address, telephone number, driver’s license information, license plate number, and insurance information.
- Identify witnesses. Ask for names and contact information. A witness may leave before an officer arrives, so collect this information promptly.
- Take photographs or video. Record vehicle positions, damage, debris, traffic signals, lane markings, skid marks, weather conditions, and the wider scene. Do not place yourself in traffic to get a photograph.
- Limit roadside discussions. Give accurate information to law enforcement, but do not speculate about speed, distance, injuries, or who caused the collision.
Make Sure the Crash Is Properly Reported
North Carolina requires drivers to notify the appropriate law enforcement agency immediately when a crash meets the legal definition of a reportable accident. N.C. Gen. Stat. § 20-166.1 also requires an investigating officer to prepare a written report for a reportable crash.
Ask how and when you can obtain the crash report. Review it for basic identifying information, listed witnesses, insurance details, contributing circumstances, citations, vehicle damage, and any diagram of the collision. A report can help organize an investigation, but it does not necessarily decide civil fault by itself.
Document Injuries and Accident-Related Losses
If you believe you need medical attention, seek it and follow your providers’ instructions. Describe your symptoms accurately rather than minimizing or exaggerating them. Keep records showing how the accident affected you and what expenses resulted.
Create one folder, paper or electronic, for the following:
- Medical visit summaries, bills, and related correspondence
- Prescription and out-of-pocket expense receipts
- Photographs of visible injuries, taken over time when appropriate
- Work absence notes, wage records, and communications about missed work
- Towing, storage, rental vehicle, and repair documents
- Vehicle photographs and repair estimates
- The crash report and any citation information
- Insurance claim numbers, letters, emails, and adjuster contact information
- A factual record of symptoms and daily limitations
These materials may help connect the collision to claimed medical expenses, lost income, property damage, pain and suffering, and other supported losses. Not every category applies in every case.
Preserve Evidence Before It Disappears
Accident evidence can change quickly. Vehicles may be repaired or sold, roadway marks may fade, surveillance video may be overwritten, and witnesses may become difficult to locate. Save original photographs, videos, dash-camera files, text messages, and electronic communications without editing them.
Before a damaged vehicle is repaired or disposed of, make sure its condition has been thoroughly photographed. In a serious or disputed crash, the vehicle and its electronic data may require closer evaluation. Commercial vehicle records, onboard data, inspection records, maintenance documents, and nearby surveillance footage may also matter. Prompt action may be needed to request that another person or business preserve those materials.
Handle Insurance Communications Carefully
Notify your own automobile insurer within the time required by your policy and provide truthful basic information. Save the declarations page, claim correspondence, repair estimates, recorded-statement requests, and any coverage or denial letters.
An adjuster for another driver may request a recorded statement or broad medical authorization. You can ask what is being requested and why before responding. Avoid guessing, and do not sign documents you do not understand. A settlement release may end claims covered by the document, including claims involving injuries that have not been fully documented.
Insurance coverage depends on the policies, vehicles, drivers, and circumstances involved. Relevant questions may include who owned the vehicle, whether the driver was working, and whether other potentially responsible parties or policies exist.
Why Fault Evidence Matters in North Carolina
A North Carolina motor vehicle claim generally requires evidence that another person failed to use reasonable care, that this conduct caused the collision, and that the collision caused measurable harm. Evidence should address both what the other driver did and why your own conduct was reasonable.
North Carolina allows contributory negligence as a defense. If the defense proves that an injured person’s own negligence helped cause the accident, it can create serious problems for the claim. The party raising this defense generally has the burden of proving it. This makes photographs, witness accounts, vehicle data, and careful statements especially important when drivers disagree about what happened.
Do Not Assume an Insurance Claim Protects the Filing Deadline
Many North Carolina personal injury and property-damage lawsuits are subject to a three-year limitations period under N.C. Gen. Stat. § 1-52, although a different rule may apply depending on the parties, claim type, age of the injured person, or other circumstances.
Negotiating with an insurer, exchanging documents, or waiting for treatment to conclude does not automatically extend the deadline for filing a lawsuit. Claims involving death, a government vehicle, a minor, an out-of-state collision, or an unidentified driver may involve different procedures or timing concerns.
How This Applies to the Available Facts
The available information only establishes that an individual was involved in a motor vehicle accident and wants to speak with an attorney. Because the injuries, insurance status, fault dispute, and vehicle damage are unknown, the immediate priority is to collect the crash report, photographs, witness information, insurance documents, and any medical or repair records.
It would also be useful to prepare a short timeline covering where and when the crash occurred, how each vehicle was moving, what was said at the scene, whether law enforcement responded, whether symptoms developed, and what communications have occurred with insurers. This allows an attorney to identify missing evidence, possible responsible parties, coverage questions, and deadline concerns without relying on assumptions.
When Wallace Pierce Law May Be Able to Help
Wallace Pierce Law may be able to review the known facts, examine the crash report, evaluate disputed fault, identify evidence that should be preserved, and organize accident-related records. The firm can also help explain the insurance claim process, communicate with relevant insurers when representation is accepted, track documented losses, and assess whether a lawsuit deadline may apply.
An early review can be particularly useful when the drivers give different accounts, an insurer alleges that you contributed to the crash, a commercial or government vehicle was involved, important video may be lost, or a settlement release has been presented. What assistance is appropriate depends on the facts and available evidence.
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.