What should I do after being injured in a motor vehicle accident? — Durham, NC
Short Answer
Protect your safety, report the accident, seek medical attention if you believe you need it, and preserve information about the vehicles, witnesses, injuries, and insurance claims. In North Carolina, your actions after the collision can affect the evidence and may become important if fault is disputed. Avoid guessing about what happened or signing settlement paperwork before you understand its effect.
What to Do at the Accident Scene
If you are still at the scene, move away from traffic or another immediate danger when you can do so safely. Call 911 when someone may be injured, the vehicles create a hazard, or law enforcement assistance is needed. Do not attempt to direct traffic or take photographs from an unsafe location.
North Carolina law imposes duties on drivers involved in certain crashes. N.C. Gen. Stat. § 20-166 generally requires a driver to stop, remain at the scene as required, provide identifying information, and offer reasonable assistance to an injured person. Follow the investigating officer’s instructions about when you may leave and whether a vehicle should be moved.
If your condition and the surroundings allow, collect:
- The other driver’s name, address, driver’s license information, license plate number, and insurance details.
- Names and contact information for passengers and witnesses.
- Photographs or video of vehicle positions, visible damage, debris, skid marks, traffic signs, signals, road conditions, and the broader scene.
- The investigating agency’s name, the officer’s name, and the report or incident number.
- Information identifying any commercial vehicle, employer, rideshare company, or vehicle owner involved.
Do not argue about fault. Give law enforcement accurate information, but do not fill gaps in your memory with assumptions. A statement made during the confusion following a collision may later be compared with photographs, witness accounts, vehicle data, and the crash report.
Address Your Injuries and Document What Happens
Seek medical attention if you believe you need it, and follow the instructions of your medical providers. Describe your symptoms accurately and explain that they followed a motor vehicle accident when that is true. Do not exaggerate symptoms, but do not leave out information simply because you hope the problem will improve.
Keep a running file containing:
- Medical visit summaries, bills, prescriptions, and provider instructions.
- Health insurance explanations of benefits and related correspondence.
- Photographs showing visible injuries as they change over time.
- A simple record of symptoms, physical limitations, missed activities, and important dates.
- Pay records, work restrictions, and written confirmation of missed work.
- Receipts for accident-related transportation, replacement services, and other out-of-pocket costs.
Medical records can help connect the collision to the injuries being claimed. Work records and receipts may also be needed to document financial losses. Keep original documents when possible and save digital copies in a secure location.
Preserve Evidence Before It Disappears
A prompt investigation matters because physical evidence can change quickly. Vehicles may be repaired or destroyed, businesses may overwrite security video, witnesses may become difficult to locate, and roadway marks may disappear.
Obtain a copy of the North Carolina DMV-349 crash report when it becomes available. The report may identify drivers, vehicle owners, insurance companies, witnesses, reported contributing circumstances, citations, and a basic account of the collision. It is an important starting point, but it does not necessarily settle the issue of civil responsibility.
Save photographs of every side of your vehicle before repairs. Keep repair estimates, towing records, storage notices, and total-loss communications. In a serious or disputed crash, the vehicles may contain electronic information, including event data, that should be considered before the vehicle is altered or disposed of. Video from nearby businesses, doorbell cameras, traffic systems, or dashboard cameras may also require a quick preservation request.
Notify the Insurers Carefully
Report the accident to your own automobile insurer within the time required by your policy. Save the claim number, adjuster’s contact information, declarations pages, letters, emails, denial notices, and copies of anything you submit. Coverage may depend on the policy language, the vehicles and people involved, and the facts of the collision.
An adjuster may request a recorded statement, broad medical authorization, repair release, or settlement release. Before providing detailed statements or signing documents, understand which insurer is making the request and what the document permits. Your own policy may include cooperation duties, but another driver’s insurer does not represent you. Avoid speculating about speed, distance, injuries, or responsibility.
Why Fault Matters So Much in North Carolina
A motor vehicle injury claim usually requires evidence that another person failed to use reasonable care, that the failure caused the collision, and that the collision caused injury or loss. Evidence should show both what the other driver did and why your own conduct was reasonable.
North Carolina permits a contributory negligence defense. If the defense proves that an injured person’s own negligence helped cause the injury, it can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proving that defense.
This is why photographs, witness information, vehicle data, and careful statements matter. An insurer may examine issues such as speed, following distance, distraction, lane position, signals, or whether a hazard could have been avoided. The effect of any disputed conduct depends on the evidence and North Carolina law.
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 property damage. The correct deadline can differ when a government vehicle, death, minor, or another unusual circumstance is involved.
Opening an insurance claim, exchanging documents, or negotiating with an adjuster does not automatically extend the deadline for filing a lawsuit. Waiting can also make evidence harder to recover even when the filing period has not expired.
How This Applies to Your Situation
Because the available facts only establish that an individual was injured in a motor vehicle accident and wants to discuss possible legal options, the first review should focus on the accident date and location, the people and vehicles involved, how the collision occurred, available insurance information, the injuries reported, and the documents already collected.
Bring the crash report if available, scene and vehicle photographs, medical records and bills, insurance communications, witness information, repair documents, and a timeline of important events. If the vehicle has not been repaired or disposed of, mention that promptly. These materials can help an attorney identify missing evidence, possible coverage sources, disputed-fault issues, and applicable deadlines.
When Wallace Pierce Law May Be Able to Help
Wallace Pierce Law may be able to review how the Durham motor vehicle accident happened, identify evidence that should be preserved, obtain and evaluate the crash report, organize medical and wage documentation, and communicate with the insurers involved. The firm can also examine contributory negligence arguments, available insurance information, and the deadline that may apply.
An attorney’s review does not guarantee that a claim exists or predict its outcome. The available options depend on the evidence, North Carolina law, insurance policy terms, and whether the collision caused documented injuries and losses.
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.